This section lets a parking facility owner boot an unauthorized vehicle if required signs are posted, and it requires notice, a receipt, recordkeeping, and certain payment options.
Sec. 2308.257. BOOTING OF UNAUTHORIZED VEHICLE. (a) A parking facility owner may, without the consent of the owner or operator of an unauthorized vehicle, cause a boot to be installed on the vehicle in the parking facility if signs that comply with Subchapter G prohibiting unauthorized vehicles are located on the parking facility at the time of the booting and for the preceding 24 hours and remain installed at the time of the booting. (b) A boot operator that installs a boot on a vehicle must affix a conspicuous notice to the vehicle's front windshield or driver's side window stating: (1) that the vehicle has been booted and damage may occur if the vehicle is moved; (2) the date and time the boot was installed; (3) the name, address, and telephone number of the booting company; (4) a telephone number that is answered 24 hours a day to enable the owner or operator of the vehicle to arrange for removal of the boot; (5) the amount of the fee for removal of the boot and any associated parking fees; (6) notice of the right of a vehicle owner or vehicle operator to a hearing under Subchapter J; and (7) in the manner prescribed by the local authority, notice of the procedure to file a complaint with the local authority for violation of this chapter by a boot operator. (c) On removal of a boot, the boot operator shall provide a receipt to the vehicle owner or operator stating: (1) the name of the person who removed the boot; (2) the date and time the boot was removed; (3) the name of the person to whom the vehicle was released; (4) the amount of fees paid for removal of the boot and any associated parking fees; and (5) the right of the vehicle owner or operator to a hearing under Subchapter J. (d) The booting company shall maintain a copy of the receipt at its place of business for a period of three years. A peace officer has the right, on request, to inspect and copy the records to determine compliance with the requirements of this section. (e) A booting company shall accept payment by an electronic check, debit card, or credit card for any fee or charge associated with the removal of a boot. A booting company may not collect a fee for any charge associated with the removal of a boot from a person who offers to pay the charge with an electronic check, debit card, or credit card form of payment that the booting company is not equipped to accept. Added by Acts 2009, 81st Leg., R.S., Ch. 845 (S.B. 2153), Sec. 12, eff. September 1, 2009. Amended by: Acts 2017, 85th Leg., R.S., Ch. 919 (S.B. 1501), Sec. 17, eff. June 15, 2017. Acts 2017, 85th Leg., R.S., Ch. 967 (S.B. 2065), Sec. 14.009, eff. June 15, 2017.