Justification for Admnistrative Rule Adoption

Vehicle Booting and Immobilization

16 TAC Chapter 89, repeal §§89.1, 89.10, 89.21 - 89.30, 89.40, 89.45 - 89.48, 89.65 - 89.73, 89.75 - 89.80, 89.90, 89.91, 89.100 - 89.103

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of existing rules at 16 Texas Administrative Code (TAC), Chapter 89, §§89.1, 89.10, 89.21 - 89.30, 89.40, 89.45 - 89.48, 89.65 - 89.73, 89.75 - 89.80, 89.90, 89.91, 89.100 - 89.103, regarding the Vehicle Booting and Immobilization program, without changes as noticed in the May 4, 2018, issue of the Texas Register (43 TexReg 2690).

The adopted repeal implements changes from Senate Bill 1501 and Senate Bill 2065, 85th Legislature, Regular Session (2017), which deregulates vehicle booting at the state level, with a transfer of regulatory authority to municipalities. The adopted repeal is necessary to implement Senate Bill 1501 and Senate Bill 2065.

The adopted repeal of §§89.1, 89.10, 89.21 - 89.30, 89.40, 89.45 - 89.48, 89.65 - 89.73, 89.75 -89.80, 89.90, 89.91, and §§89.100 - 89.103, deregulates vehicle booting at the state level.

The Texas Department of Licensing and Regulation (Department) drafted and distributed the proposed repeal to persons internal and external to the agency. The proposed repeal was published in the May 4, 2018, issue of the Texas Register (43 TexReg 2690). The Department did not receive any comments during the 30-day public comment period.

The Towing and Storage Advisory Board (Board) met on June 18, 2018, to discuss the proposed repeal. The Board recommended adopting the repeal without changes.

At its meeting on July 20, 2018, the Commission adopted the repeal without changes as recommended by the Board.

The repeal is adopted under Texas Occupations Code, Chapters 51 and 2308, which authorize the Commission, 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 adoption are those set forth in Texas Occupations Code, Chapters 51 and 2308.  No other statutes, articles, or codes are affected by the proposal.

[Chapter 89. Vehicle Booting and Immobilization]

[89.1. Authority and Purpose]

[89.10. Definitions]

[89.21. License Required to Install Boots or Operate Booting Company]

[89.22. License--License Nontransferable and Valid for One Year]

[89.23. License Requirement--Booting Operator License]

[89.24. License Requirement--Booting Operator License Renewal]

[89.25. License Requirement--Booting Company License]

[89.26. License Requirement--Booting Company License Renewal]

[89.27. License--Notice of Proposed Denial, Opportunity to Comply]

[89.28. Department Notification to Licensee]

[89.29. License Requirements--Booting Operator Continuing Education]

[89.30. Exemptions]

[89.40. Insurance Requirements]

[89.45. Inspections--General]

[89.46. Periodic Inspections]

[89.47. Risk-based Inspections]

[89.48. Corrective Actions Following Inspection]

[89.65. Towing, Storage, and Booting Advisory Board]

[89.66. Responsibilities of Licensee--Change to Booting Operator License]

[89.67. Responsibilities of Licensee--Change to Booting Company License]

[89.68. Responsibilities of Licensee--Booting of Vehicles]

[89.69. Responsibilities of Licensee--Proof of Authority to Install Boot]

[89.70. Responsibilities of Licensee--Conspicuous Notice of Booting]

[89.71. Responsibilities of Licensee--Receipt on Removal of Boot]

[89.72. Responsibilities of Licensee--Inspection of Records]

[89.73. Responsibilities of Licensee--Form of Payment]

[89.75. Responsibilities of Licensee--Removal of Boot]

[89.76. Responsibilities of Licensee--Deposits]

[89.77. Responsibilities of Licensee--Independent Contractors]

[89.78. Responsibilities of Licensee--Prohibited Financial Benefits]

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

[89.80. Fees]

[89.90. Administrative Sanctions and Penalties]

[89.91. Enforcement Authority]

[89.100. Technical Requirements--Provide Insurance Information to Vehicle Owner or Operator]

[89.101. Technical Requirements--Municipal Booting Fees]

[89.102. Technical Requirements--Vehicle Signage]

[89.103. Technical Requirements--Booting Operator Identification]

This agency hereby certifies that the adoption 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 July 26, 2018.


Brian E. Francis
Executive Director
Texas Department of Licensing and Regulation