By:  Patterson                                         S.B. No. 946

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to a requirement that certain persons obtain a vehicle

 1-2     storage facility license.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Sections 3 and 5, Vehicle Storage Facility Act

 1-5     (Article 6687-9a, Revised Statutes), are amended to read as

 1-6     follows:

 1-7           Sec. 3.  EXCEPTION.  This article does not apply to a vehicle

 1-8     parked or stored at a vehicle storage facility with the consent of

 1-9     the vehicle's owner.  Except as provided by Section 5(b) of this

1-10     article, this [This] article does not apply to a vehicle storage

1-11     facility owned [operated] by a person licensed pursuant to the

1-12     Texas Motor Vehicle Commission Code.

1-13           Sec. 5.  PROHIBITION.  (a)  A person may not operate a

1-14     vehicle storage facility unless the person holds a current license

1-15     to operate a vehicle storage facility issued to the person by the

1-16     commission.

1-17           (b)  Except as provided by this subsection, a person other

1-18     than the owner of a vehicle storage facility may not operate a

1-19     vehicle storage facility owned by a motor vehicle dealer unless the

1-20     person holds a current license to operate a vehicle storage

1-21     facility issued to the person by the commission. The licensing

1-22     requirement imposed by this subsection applies only to a person who

1-23     operates a vehicle storage facility pursuant to the terms of an

 2-1     enforceable contract by which the motor vehicle dealer who owns the

 2-2     vehicle storage facility has conveyed to the contract operator all

 2-3     authority to manage the vehicle storage facility.

 2-4           (c)  For purposes of this section, "motor vehicle dealer" has

 2-5     the meaning assigned to "dealer" under Section 1.03, Texas Motor

 2-6     Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil

 2-7     Statutes).

 2-8           SECTION 2.  (a)  Except as provided by Subsection (b) of this

 2-9     section, this Act takes effect September 1, 1997.

2-10           (b)  A person that operates a storage facility for vehicles

2-11     owned by a motor vehicle dealer is not required to obtain a vehicle

2-12     storage facility licensed under Subsection (b), Section 5, Vehicle

2-13     Storage Facility Act (Article 6687-9a, Revised Statutes), as added

2-14     by this Act, until January 1, 1998.

2-15           SECTION 3.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended,

2-20     and that this Act take effect and be in force from and after its

2-21     passage, and it is so enacted.