By Patterson                                     S.B. No. 946

      75R7003 BEM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to a requirement that certain persons obtain a vehicle

 1-3     storage facility license.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

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

 1-6     (Article 6687-9a, Revised Statutes), are amended to read as

 1-7     follows:

 1-8           Sec. 3.  EXCEPTION.  Except as provided by Section 5(b) of

 1-9     this article, this [This] article does not apply to a vehicle

1-10     parked or stored at a vehicle storage facility with the consent of

1-11     the vehicle's owner.  This article does not apply to a vehicle

1-12     storage facility operated by a person licensed pursuant to the

1-13     Texas Motor Vehicle Commission Code.

1-14           Sec. 5.  PROHIBITION.  (a)  A person may not operate a

1-15     vehicle storage facility unless the person holds a current license

1-16     to operate a vehicle storage facility issued to the person by the

1-17     commission.

1-18           (b)  A person may not operate a vehicle storage facility for

1-19     the storage of vehicles 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.

1-22           (c)  For purposes of this section, "motor vehicle dealer" has

1-23     the meaning assigned to "dealer" under Section 1.03, Texas Motor

1-24     Vehicle  Commission Code (Article 4413(36), Vernon's Texas Civil

 2-1     Statutes).

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

 2-3     Act takes effect September 1, 1997.

 2-4           (b)  A person that operates a storage facility for vehicles

 2-5     owned by a motor vehicle dealer is not required to obtain a vehicle

 2-6     storage facility license under Section 5(b), Vehicle Storage

 2-7     Facility Act (Article 6687-9a, Revised Statutes), as added by this

 2-8     Act, until January 1, 1998.

 2-9           SECTION 3.  The importance of this legislation and the

2-10     crowded condition of the calendars in both houses create an

2-11     emergency and an imperative public necessity that the

2-12     constitutional rule requiring bills to be read on three several

2-13     days in each house be suspended, and this rule is hereby suspended.