1-1 By: Patterson S.B. No. 946
1-2 (In the Senate - Filed March 5, 1997; March 10, 1997, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 2, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 12, Nays 0; April 2, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 946 By: Luna
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to a requirement that certain persons obtain a vehicle
1-11 storage facility license.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Sections 3 and 5, Vehicle Storage Facility Act
1-14 (Article 6687-9a, Revised Statutes), are amended to read as
1-15 follows:
1-16 Sec. 3. EXCEPTION. This article does not apply to a vehicle
1-17 parked or stored at a vehicle storage facility with the consent of
1-18 the vehicle's owner. Except as provided by Section 5(b) of this
1-19 article, this [This] article does not apply to a vehicle storage
1-20 facility owned [operated] by a person licensed pursuant to the
1-21 Texas Motor Vehicle Commission Code.
1-22 Sec. 5. PROHIBITION. (a) A person may not operate a
1-23 vehicle storage facility unless the person holds a current license
1-24 to operate a vehicle storage facility issued to the person by the
1-25 commission.
1-26 (b) Except as provided by this subsection, a person other
1-27 than the owner of a vehicle storage facility may not operate a
1-28 vehicle storage facility owned by a motor vehicle dealer unless the
1-29 person holds a current license to operate a vehicle storage
1-30 facility issued to the person by the commission. The licensing
1-31 requirement imposed by this subsection applies only to a person who
1-32 operates a vehicle storage facility pursuant to the terms of an
1-33 enforceable contract by which the motor vehicle dealer who owns the
1-34 vehicle storage facility has conveyed to the contract operator all
1-35 authority to manage the vehicle storage facility.
1-36 (c) For purposes of this section, "motor vehicle dealer" has
1-37 the meaning assigned to "dealer" under Section 1.03, Texas Motor
1-38 Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil
1-39 Statutes).
1-40 SECTION 2. (a) Except as provided by Subsection (b) of this
1-41 section, this Act takes effect September 1, 1997.
1-42 (b) A person that operates a storage facility for vehicles
1-43 owned by a motor vehicle dealer is not required to obtain a vehicle
1-44 storage facility licensed under Subsection (b), Section 5, Vehicle
1-45 Storage Facility Act (Article 6687-9a, Revised Statutes), as added
1-46 by this Act, until January 1, 1998.
1-47 SECTION 3. The importance of this legislation and the
1-48 crowded condition of the calendars in both houses create an
1-49 emergency and an imperative public necessity that the
1-50 constitutional rule requiring bills to be read on three several
1-51 days in each house be suspended, and this rule is hereby suspended,
1-52 and that this Act take effect and be in force from and after its
1-53 passage, and it is so enacted.
1-54 * * * * *