HBA-DMH H.B. 2243 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2243 By: Bosse Transportation 3/29/2001 Introduced BACKGROUND 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 the provisions for 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. House Bill 2243 establishes provisions for the disposal of nuisance motor vehicles by vehicle storage facilities and modifies fee and notification requirements. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 2243 amends the Vehicle Storage Facility Act to specify the contents of a notice by publication that may be used by a vehicle storage facility (facility) to notify a vehicle owner that the facility is storing a vehicle. The bill authorizes the operator of a facility to charge reasonable fees for the second notice the facility is required to send to the registered owner and the primary lien holder. If publication is required for the second notice, the bill provides that the publication must contain certain information along with a statement that failure of the owner or lien holder to claim the vehicle before the date of the sell shall waive all right, title and interest in the vehicle and consent to the sale of the vehicle at a public sale. The bill prohibits a facility that holds an abandoned nuisance vehicle from being required to send or publish a second notice on the vehicle and requires the facility to be entitled to disposal of the vehicle 30 days from the date the first letter is mailed or notice is published. The bill authorizes the facility to notify the Texas Department of Transportation (TxDOT) that the notice procedures for abatement and removal of an abandoned motor vehicle have been met. The bill requires the facility to submit a $10 fee to TxDOT or authorizes the facility to notify law enforcement who may sign a document issued by TxDOT and accept the $10 fee in lieu of TxDOT (Sec. 13). The bill increases from not more than $25 to not more than $30 the amount a facility operator may charge an owner for a notification, and authorizes a facility to recoup certain publication costs from the vehicle owner or agent. The bill increases the rates a facility operator may charge for each day or part of a day a vehicle is stored from $5 to $15 to $10 to $25, and requires a facility operator to charge $30 per day for a vehicle over the length of 25 feet. The bill authorizes an operator to charge a one time fee of $10 to release a vehicle from the hours of 9 p.m. until 7 a.m., if the release is within one hour of notice by the vehicle owner or agent. The bill authorizes any fee that is required to be submitted to a police agency or its authorized agent or government entity to be collected by the operator of a facility or the owner's authorized agent (Sec. 14). The bill includes as an owner of a vehicle a lien holder who presents an affidavit of repossession and has the right to repossess (Sec. 2). EFFECTIVE DATE 91st day after adjournment.