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Chapter 89. Vehicle Booting and Immobilization
Proposal Filed: January 14, 2013 – Published in the Texas Register: January 25, 2013
Deadline for Public Comment: February 25, 2013
Underlined text is new language.
text] is deleted language.
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 89, §§89.70, 89.78, 89.79, and 89.103, regarding the vehicle booting and immobilization program.
These proposed amendments are necessary to allow booting companies to provide signs for parking facilities in the same manner that towing companies are authorized to provide signage under Texas Occupations Code, Chapter 2308. These rules are also necessary to eliminate unnecessary requirements on booting operators and booting companies while engaged in booting operations.
The proposed amendments to §89.70 and §89.79 eliminate the requirement that a vehicle may not be booted and towed within 24 hours of installation of the immobilization device. The time period is reduced to eight (8) hours between the boot and the tow.
The proposed amendments to §89.78 authorize booting companies to provide the signs for parking facility owners in the same manner allowed by Texas Occupations Code, Chapter 2308 regarding towing companies.
The proposed amendments to §89.103 eliminate the requirements that booting operators wear uniforms, protective clothing, and fluorescent vests while engaged in booting operations.
William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments are in effect there will be no direct cost to state or local government as a result of enforcing or administering the proposed rules.
Mr. Kuntz has determined that for each year of the first five-year period the proposed rules are in effect, the public benefit will be clarity in what is required by the law of a booting company and booting operators. There will be no adverse economic effect on small or micro-businesses or to persons who are required to comply with the rules as proposed.
Since the agency has determined that the proposed rules will have no adverse economic effect on small businesses preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.
Comments on the proposal may be submitted by mail to Shanna Dawson, Legal Assistant, General Counsel’s Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to 512/475-3032, or electronically to email@example.com. The deadline for comments is 30 days after publication in the Texas Register.
The rule amendments are proposed under Texas Occupations Code, Chapters 51 and 2308, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapter 51. No other statutes, articles, or codes are affected by the proposal.
§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) – (5) (No change.)
(6) that the vehicle
may be towed if the boot is not removed within 8 [
24] hours; and
(7) (No change.)
(b) – (c) (No change.)
§89.78. Responsibilities of Licensee – Prohibited Financial Benefits.
(a) Except for
signs required by Texas Occupations Code §2308.301, a [
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.
(b) (No change.)
§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 8 [
after the initial installation of the boot.
(b) After the initial 8 [
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
(1) unless the
boot is removed within 8 [
24]-hours, the vehicle may also be
(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 8 [
§89.103. Technical Requirements – Booting Operator [
Clothing and] Identification.
operators, as a condition of their license must comply with the protective clothing
and identification policy.]
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
(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.]
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
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.
Filed with the Office of the Secretary of State, on January 14, 2013.
H. Kuntz, Jr.
Texas Department of Licensing and Regulation