Vehicle Booting and Immobilization Penalties and Sanctions

  • Texas Occupations Code, Chapter 2308
    16 Texas Administration Code, Chapter 89

    Class A:

    1st Violation: $400
    2nd Violation: $600 to $800
    3rd Violation: $1,000 to $1,200

    POSTING AND PUBLIC INFORMATION VIOLATIONS

    • Failure to provide, on the removal of a boot, a receipt to the vehicle owner stating the name of the person removing boot, date and time of boot removal, name of person to whom vehicle was released, and fees paid for boot removal and parking§2308.257(c)(1)-(4), 89.71(a)(1)-(4)
    • Failure of the booted vehicle's affixed notice to state the boot may damage the vehicle if moved, the date and time of boot installation, name, address, and phone number of booting company, and fees owed for boot removal and parking 2308.257(b)(1)-(3), 2308.257(b)(5), 89.70(a)
    • Failure of a booting operator to carry and openly display the Department-issued booting operator license when performing booting operations §89.103(d)
    • Placed a notice on a vehicle with adhesive that left a residue on the windshield§89.70(b)(1)
    • Placed a notice on a vehicle driver's side window that obstructed the use of the side view mirror 89.70(b)(2)
    • Failure of a vehicle used by a booting company to have required information displayed on the side of the vehicle §89.102(a)
    • Failure of vehicle used by a booting company to display required information in the proper size and color contrast and have it permanently or magnetically affixed in a conspicuous place to both sides of the vehicle§89.102(b)

    ADMINISTRATIVE VIOLATIONS

    • Failure of a booting company to complete all corrective actions and provide written verification to the Department 89.48(a)(2)
    • Failure to notify the Department of a licensee's name change no later than the effective date of change 89.66(a)(1), 89.67(a)(1)
    • Failure to notify the Department of a change in the booting operators mailing address within thirty days of the change 89.66(a)(2)
    • Failure of a licensed booting company to notify the Department of a change of the licensee's mailing or physical address no later than the effective date of change 89.67(a)(2)
    • Failure to clearly note on the receipt for boot removal the time the call requesting the boot removal was received§89.75(b)
    • Failure to have the person requesting boot removal initial the notation on the receipt of the time the call for boot removal was received§89.75(b)

    Class B:

    1st Violation: $600
    2nd Violation: $900 to $1,200
    3rd Violation: $1,500 to $1,800

    INSURANCE FILING VIOLATIONS

    • Failure of a permit holder to ensure the submission of a certificate of insurance when changing a business name or affiliation, or upon request of the Department 89.40(a)
    • Failure of a permit holder to ensure that the insurance information on the certificate of insurance on file with the Department reflects the correct name and address of the permit holder 89.40(c)
    • Certificate of insurance failed to contain a provision obligating the insurer to give the Department thirty days notice before the effective date of a policy cancellation date§89.40(f)
    • Failure to file a replacement insurance policy, once insurance had been canceled, prior to the cancellation date§89.40(g)

    PARKING FACILITY VIOLATIONS

    • Booting company gave something of value to a parking facility owner in connection with the booting of a vehicle in the parking facility§2308.402(a)(2), 89.78(a)
    • Booted a vehicle for compensation in a parking facility in which the parking facility owner has a direct or indirect monetary interest in the booting company§89.78(b)

    NOTICE VIOLATIONS

    • Failure of a booting company to include all required information on a vehicle owner's written notice of rights under Chapter 2308, Subchapter J 2308.455

    TOW TICKET VIOLATIONS

    • Tow ticket did not itemize each charge and/or characterize the fees using the identical fee structure stated in the on-file fee schedule§86.709(d), 86.715(m)

    Class C:

    1st Violation: $900
    2nd Violation: $1,200 to $1,500
    3rd Violation: $1,800 to $2,100

    PRACTICING WITHOUT PROPER LICENSE OR PERMIT

    • Performed booting operations with an expired license§89.24(b)
    • Operated a booting company with an expired license §89.26(b)

    BOOTING FEE SCHEDULE VIOLATIONS

    • Failure to identify the political subdivision that regulates booting fees in which the booting company performs booting operations§89.101(a)
    • Failure to report the fees regulated by a political subdivision in which the booting company performs booting operations§89.101(a)
    • Failure of to report any change in booting fees regulated by a political subdivision within 30 days of the change§89.101(b)

     PROTECTIVE CLOTHING VIOLATION

    • Failure of a booting operator to comply with all requirements of the protective clothing policy§89.103(a), 89.103(b), 89.103(c)

    Class D:

    1st Violation: $1,200
    2nd Violation: $1,500 to $1,800
    3rd Violation: $2,100 to $2,400 and/or up to 6-month full suspension

    FEE VIOLATIONS

    • Failure to accept payment by electronic check, debit card, or credit card for the removal of a boot§2308.257(e), 89.73(a)
    • Collected a fee for a charge associated with the removal of a boot from a person who offered to pay the charge with an electronic check, debit card, or credit card form of payment that the booting company was not equipped to accept§2308.257(e), 89.73(b)
    • Charged a deposit for the return of a boot§89.76

    OWNER NOTICE VIOLATIONS

    • Failure to give a vehicle owner written notice of the person's rights under Chapter 2308, Subchapter J at the time of payment§2308.454(c) 2308.257(c)(5), 89.71(a)(5)
    • Failure to include notice of a person's rights under Chapter 2308, Subchapter J with the affixed notice placed on a booted vehicle§2308.454(d), 2308.257(b)(6), 89.70(a)(7)

    Class E:

    1st Violation: $1,500
    2nd Violation: $2,000 to $2,500 and/or up to 1-year full suspension
    3rd Violation: $3,000 to $3,500 plus up to 1-year full suspension

    ADMINISTRATIVE AND RECORDS VIOLATIONS

    • Failure to maintain a copy of a booting receipt at the place of business for a period of three years§2308.257(d), 89.71(b)
    • Failure of a booting company owner, manager, or their representative to cooperate with an inspector in the performance of the inspection§89.45(d), 89.72(c)
    • Failure of a booting company owner, manager, or their representative to make available to a Department inspector all records, notices and other documents§89.46(b), 89.47(d), 89.72(a), 89.72(c)
    • Failure to maintain evidence, containing all required information, of authority from a parking facility owner to install a boot§89.69
    • Failure to allow a peace officer to inspect and copy booting company records§89.72(b)

    OWNER NOTICE VIOLATIONS

    • Failure to affix a conspicuous notice to a booted vehicle's front windshield or driver's side window 2308.257(b), 89.70(a)
    • Failure of the booted vehicle's affixed notice to state a telephone number to be called 24 hours for the removal of a boot 2308.257(b)(4), 89.70(a)(4)

    Class F:

    1st Violation: $2,000
    2nd Violation: $2,500 to $3,000 plus 1-year full suspension
    3rd Violation: $3,500 to $4,000 plus 1-year full suspension up to revocation

    IMPROPER BOOT VIOLATIONS

    • Booted a vehicle in a parking facility that did not have the required signage prohibiting unauthorized vehicles §2308.301(a), 2308.301(b), 89.68(3)
    • Installed a boot on a vehicle in a parking facility without a request from, or a standing written agreement with, the parking facility owner§2308.255(d)(1), 2308.255(d)(2), 89.68(1), 89.68(2)
    • Towed a vehicle from a parking facility that did not have the required signage prohibiting unauthorized vehicles§ 2308.301(a), 2308.301(b), 86.705(e)
    • Performed a nonconsent tow from a leased right-of-way, an area between a parking facility and a public right-of-way, a public right-of-way, or a public roadway when not authorized§2308.351, 2308.352, 2308.353(c), 2308.354, 86.705(f)
    • Towed a vehicle within 24 hours of the initial installation of a boot§89.79(a)

    REMOVAL OF BOOT VIOLATIONS

    • Failure of a booting company to provide or have a telephone number that is answered 24 hours a day which terminates on connection with a human operator with the required authority? §89.70(a)(4), 89.70(c)
    • Failure to have booting operators available for boot removal seven days per week and 24 hours a day within one hour§89.75(a)
    • Failure to provide immediately after payment is made the information necessary to unlock a booting device that can be removed by a vehicle owner or operator§89.75(c)

    Class G:

    1st Violation: $3,000
    2nd Violation: $3,500 to $4,000 plus 1-year full suspension up to revocation
    3rd Violation: $4,500 to $5,000 plus revocation

    UNLICENSED ACTIVITY

    • Performed booting operations without the appropriate license§2308.151(3), 2308.1555(a), 89.21(a)(1), 89.21(c), 89.23(a)
    • Operated a booting company without the appropriate license 2308.151(4), 2308.1556(a), 89.21(a)(2), 89.25(a)
    • Employed or contracted with a person to engage in booting operations who did not hold a license§89.21(b)

    INSURANCE VIOLATIONS

    • Failure to provide the required insurance information to a vehicle owner, operator, or authorized representative upon request?89.100
    • Permit holder obtained insurance from an insurer not authorized to do business in Texas 2308.110(b), 89.40(b)
    • Failure of a permit holder to keep insurance in the required amount in force at all times§89.40(d), 89.40(e)
    • Failure to have a booting independent contractor covered by insurance§89.77

    INTEGRITY VIOLATIONS

    • Failure to pay the costs of a booting and any related parking fees when a court finds a booting was not authorized 2308.451(d)(1)
    • Failure to reimburse the owner or operator for the booting costs and parking fee when a court finds a booting was not authorized §2308.451(d)(2)

    Class H:

    1st Violation: Revocation and/or $3,000 to $5,000
    2nd Violation: Revocation and/or $5,000
    3rd Violation: Revocation and/or $5,000

    • Failure to comply with previous order of the Commission/Executive Director 2308.501(2), 89.90(a)
    • Obtained a license by fraud or false representation§60.23(a)(1)
    • Submitted falsified required documents as part of the initial or renewal application packet 60.23(a)(2)
    • Failure to pay the Department for a dishonored check§60.82