SRC-MAX H.B. 2202 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2202
By: Bosse (Duncan)
State Affairs
5-13-97
Engrossed


DIGEST 

The Texas Department of Transportation may regulate and assess fines
against licensed vehicle storage facility operators; however the Vehicle
Storage Facility Act does not permit assessment of administrative
penalties against unlicensed operators who violate this Act.  This bill
sets forth provisions regarding the regulation of vehicle storage
facilities. 

PURPOSE

As proposed, H.B. 2202 sets forth provisions regarding the regulation of
vehicle storage facilities. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2, Article 6687-9a, V.T.C.S. (Vehicle Storage
Facility Act), to define "department," "director," and "person" and to
redefine "commission," "vehicle" and "owner of vehicle." Defines
"impoundment," rather than "preservation." 

SECTION 2. Amends Sections 4(a) and (c), Article 6687-9a, V.T.C.S. to
authorize the Texas Department of Transportation (TxDOT), rather than the
Texas Transportation Commission (commission), to issue licenses to operate
vehicle storage facilities.  Makes conforming changes. 

SECTION 3. Amends Section 5, Article 6687-9a, V.T.C.S., to make a
conforming change. 

SECTION 4. Amends Section 7, Article 6687-9a, V.T.C.S., to make a
conforming change. 

SECTION 5. Amends Section 8, Article 6687-9a, V.T.C.S., to make conforming
changes. 

SECTION 6. Amends Sections 9(a) and (b), Article 6687-9a, V.T.C.S., to
make conforming changes. 

SECTION 7. Amends Sections 10(a)-(c), Article 6687-9a, V.T.C.S., to
authorize TxDOT to deny, revoke, or suspend an application or license
under this article.  Makes conforming changes. 

SECTION 8. Amends Article 6687-9a, V.T.C.S., by adding Section 10A, as
follows: 

Sec. 10A.  ADMINISTRATIVE PENALTY.  Sets forth provisions regarding an
administrative penalty to be imposed under Sections 10(c) and 17 of this
article for a person who violates Section 5 of this article.   

SECTION 9. Amends Section 11, Article 6687-9a, V.T.C.S., to authorize
certain persons under this section to request an administrative hearing on
revocation or denial of a license.  Sets forth provisions regarding  a
hearing held under this section.  Provides that a hearing under this
section is an exhaustion of administrative remedies, and an appeal from a
hearing is to the district court in Travis County, rather than the court
having the jurisdiction over the applicant or license.  Makes a standard
recodification change. 
 
SECTION 10. Amends Sections 14(d)-(f), Article 6687-9a, V.T.C.S., to
authorize the operator of a vehicle storage facility to charge a fee under
Subsection (c) in certain circumstances.  Prohibits the operator of a
vehicle storage facility from charging any additional fees that are
similar to notification, impoundment, or administrative fees. 

SECTION 11. Amends Section 15, Article 6687-9a, V.T.C.S., to require TxDOT
to remit all fees collected under this article for deposit in the general
revenue fund, rather than remit all fees collected under this article to
the State Treasurer for deposit in the State Treasury to the credit of the
general revenue fund. 

SECTION 12. Repealer:  Section 16, Article 6687-9a, V.T.C.S. (Effect of
Hearing on Fees).  

SECTION 13. Emergency clause.
  Effective date:  upon passage.