Amendments to Chapter 89, Vehicle Booting and Immobilization

The following changes to Chapter 85 Rules are effective March 15, 2014. These are the same rules that were presented to the industry back in October 2013 for comment. They were recently approved by the TDLR Commission. Please read this carefully to see how the changes affect you.

Rules Amendment # 1:

§89.70. Responsibilities of Licensee--Conspicuous Notice of Booting.

(a) A booting 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) that the vehicle may be towed if the boot is not removed within 16 hours;

CHANGE REQUIRED: You can now tow a vehicle after it has been booted for 16 hours. The wait time requirement was previously 24 hours.

Rules Amendment # 2:

§89.78. Responsibilities of Licensee--Prohibited Financial Benefits.

(a) Except for signs required by Texas Occupations Code §2308.301, a booting company in connection with

booting of a vehicle in a parking facility may not directly or indirectly give anything of value to a parking facility owner.

CHANGE REQUIRED: Booting companies may now provide signs to their customers just like towing companies without violating the law.

Rules Amendment # 3:

§89.79.  Responsibilities of Licensee--Prohibitions Against Booting and Towing the Same Vehicle.

(a) A vehicle may not be booted and towed from a parking facility before the expiration of 16 hours [24-hours] after the initial installation of the boot.

(b) After the initial 16 [24] hour prohibition against booting and towing in subsection (a), booted vehicles may not be towed unless the booting company or booting operator placed a conspicuous notice on the vehicle informing the vehicle operator that:

(1) unless the boot [booted] is removed within 16 hours [24-hours], the vehicle may also be towed; and

(2) additional charges may be incurred for the tow and storage of the vehicle.

(c) This section is applicable to vehicles that remain booted and have not been removed from the parking facility for a continuous 16 hour [24-hour] period.

(d) This section is not applicable to a booted vehicle if the vehicle owner or operator poses an imminent threat to the booting operator, or cause, or attempts to cause, or threatens to cause damage to the immobilization device.

CHANGE REQUIRED: Booting companies may now tow a booted vehicle after it has been booted for 16 hours (changed from 24).

You can also tow a booted vehicle immediately if the boot is damaged by the consumer or there is an imminent threat to the booting operator.

Rules Amendment # 4:

§89.103. Technical Requirements--Booting Operator [Safety Clothing and] Identification.

[(a) Booting operators, as a condition of their license must comply with the protective clothing and identification policy.]

[(b) Booting operators must wear at all times when installing or assisting in the installation or removal of a boot:]

[(1) a uniform, clearly marked with the booting company name as it appears on booting company license; and]

[(2) a reflective vest, shirt, or reflective jacket at all times while installing or removing boots; the reflective vest, shirt, or reflective jacket must meet the ANSI/ISEA requirements for high visibility safety apparel.]

[(c) During daylight hours, a fluorescent shirt may be worn instead of the reflective vest or jacket; the fluorescent shirt must meet the ANSI/ISEA requirements for high visibility safety apparel.]

[(d)] When performing booting operations, all booting operators must carry and openly display the TDLR issued original booting operator license.

CHANGE REQUIRED: Booting operators are no longer required to wear company uniforms or reflective clothing while performing booting operations. This is now a company business decision.