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.