(a) The maximum fee that a licensee or permittee may charge is $100 for immobilization of an unauthorized vehicle.
(b) A licensee or permittee may collect any outstanding parking fee, not including any fine or penalty, from the vehicle owner or operator on behalf of the parking lot owner.
(c) A licensee or permittee commits an offense if he, either personally or through an employee or agent, charges:
(1) more than the maximum fee allowed by this section for vehicle immobilization; or
(2) any fee in addition to the fees authorized in this section, including any fee to process a payment made by a vehicle owner or operator in the form of an electronic check, debit card, or major credit card.
(d) A licensee or permittee shall provide a vehicle owner or operator the option of paying the fee for vehicle immobilization by cash, electronic check, debit card, or major credit card.
(e) Upon removal of a boot, a licensee or permittee shall provide to the vehicle owner or operator:
(1) a receipt in exchange for payment of the vehicle immobilization fee or any outstanding parking fees; and
(2) notice of the right of the vehicle owner or operator to request a hearing regarding whether probable cause existed to immobilize the vehicle, which notice shall comply with Section 2308.455 of the Texas Occupations Code, as amended.
(f) The receipt required under Subsection (e)(1) must indicate:
(1) the name of the licensee or permittee that removed the boot;
(2) the date and time the boot was removed from the vehicle;
(3) the name of the vehicle owner or operator;
(4) the amount paid by the vehicle owner or operator for the vehicle immobilization fee and any outstanding parking fees; and
(5) the right of the vehicle owner or operator to request a hearing under Subchapter J, Chapter 2308 of the Texas Occupations Code, as amended, regarding whether probable cause existed to immobilize the vehicle.
(g) If a parking lot owner removes or causes the removal of a boot from a vehicle that has been immobilized on a parking lot in order to have that vehicle towed from the parking lot under Chapter 48A of the Dallas City Code, the licensee or permittee who removes the boot may not charge the vehicle owner or operator the vehicle immobilization fee or any other fee, fine, or penalty for immobilization of the vehicle. The vehicle tow service that tows the vehicle from the parking lot may charge the vehicle owner or operator the vehicle tow service fee authorized under Section 48A-43 of this code. (Ord. 27629)