SRC-SEW H.B. 2243 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2243
By: Bosse (Gallegos)
State Affairs
5/8/2001
Engrossed


DIGEST AND PURPOSE 

The Vehicle Storage Facility Act (Act) was enacted by the 69th Legislature
to provide for the regulation of storage facilities, vehicle storage
procedures, and fees. Various modifications to provisions regarding notice
requirements, storage, disposal and notification fees, and the handling of
abandoned nuisance vehicles under the Act could facilitate the operations
of licensed vehicle storage facilities. H.B. 2243 establishes provisions
for the disposal of abandoned nuisance vehicles by vehicle storage
facilities and modifies fee and notification requirements.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2, Vehicle Storage Facility Act (Article
6687-9a, Revised Statutes), by amending Subdivision (6) and adding
Subdivision (10), to redefine "owner of a vehicle" and define "abandoned
nuisance vehicle."   
  
SECTION 2.  Amends Section 13, Vehicle Storage Facility Act (Article
6687-9a, Revised Statutes), by amending Subsections (g) and (i) and adding
Subsections (k) and (l), as follows: 

(g)  Requires notice by publication to contain the vehicle description, the
total charges, the full name, street address, and telephone number of the
facility, and the Texas Department of Transportation (department)
registration number.  Provides that no other information is required to be
published.  Provides that only one notice is required to be published for
an abandoned nuisance vehicle. 

(i)  Authorizes the operator of the storage facility to charge the owner of
the vehicle a reasonable fee for giving the notice required by this section
and an additional reasonable fee if the notice was required under
Subsection (k) of this section. 

(k)  Requires the published notice, if publication is required for the
second notice, to contain certain items.   
 
(l)  Provides that a vehicle storage facility that holds an abandoned
nuisance vehicle is not required to send or publish a second notice and is
entitled to dispose of the vehicle on the 30th day after the date the first
letter is mailed or notice is published.  Authorizes the vehicle storage
facility to notify the department that notices under Chapter 683,
Transportation Code, have been provided and requires the facility to pay a
fee of $10 to the department, or, in the alternative, the vehicle storage
facility may notify the appropriate law enforcement agency and pay a fee of
$10 to that agency.  Authorizes the law enforcement agency to sign a
document issued by the department. 
 
 SECTION 3.  Amends Section 14, Vehicle Storage Facility Act (Article
6687-9a, Revised Statutes), by amending Subsections (a)  and (c) and adding
Subsection (h), as follows: 

(a)  Prohibits the operator of a vehicle storage facility from charging an
owner more than $32 (rather than $25) for notification under Section 13 of
this article.  Authorizes the vehicle storage facility, under certain
conditions, to recover the additional amount of the cost of publication
from the vehicle owner or agent. 

(c)  Prohibits the operator of a vehicle storage facility from charging
less than $5 or more than $15 for each day or part of a day for storage of
a vehicle, except that a vehicle storage facility is required to charge a
fee of $30 for each day or part of a day for storage of a vehicle that is
longer than 25 feet.  

(h)  Authorizes any fee that is required to be submitted to a law
enforcement agency, the agency's authorized agent, or a governmental entity
to be collected by the operator of the vehicle storage facility in addition
to other fees authorized by this section. 
 
SECTION 4.  Amends Section 14B, Vehicle Storage Facility Act (Article
6687-9a, Revised Statutes), by amending Subsection (b) and adding
Subsection (c), as follows: 

(b)  Authorizes an operator entitled to dispose of a vehicle under this
section to sell the vehicle at a public sale without being required to
obtain a release or discharge of any lien on the vehicle, regardless of
whether notice was provided by mail or by publication in accordance with
this Act.  

(c)  Authorizes the operator of a vehicle storage facility, notwithstanding
Subsection (a) of this section, to dispose of a vehicle for which notice
was given under Section 13 of this article as provided by this section if
the vehicle is an abandoned nuisance vehicle and before the 30th day after
the date the notice was sent, the vehicle storage facility submits an
application to the department for disposal of the vehicle. 
 
SECTION 5.  Effective date:  September 1, 2001.