77R11064 MTB-F                           
         By Haggerty                                           H.B. No. 2495
         Substitute the following for H.B. No. 2495:
         By Brimer                                         C.S.H.B. No. 2495
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to requiring a valet parking service to maintain financial
 1-3     responsibility; creating an offense.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subtitle H, Title 7, Transportation Code, is
 1-6     amended by adding Chapter 686 to read as follows:
 1-7                    CHAPTER 686.  VALET PARKING SERVICES
 1-8           Sec. 686.001.  DEFINITIONS.  In this chapter:
 1-9                 (1)  "Financial responsibility" means the ability to
1-10     respond in damages for liability for an accident that:
1-11                       (A)  occurs after the effective date of the
1-12     document evidencing the establishment of the financial
1-13     responsibility; and
1-14                       (B)  arises out of the operation of a motor
1-15     vehicle by an employee of a valet parking service.
1-16                 (2)  "Public accommodation" means any:
1-17                       (A)  inn, hotel, or motel;
1-18                       (B)  restaurant, cafeteria, or other facility
1-19     principally engaged in selling food for consumption on the
1-20     premises;
1-21                       (C)  bar, nightclub, or other facility engaged in
1-22     selling alcoholic beverages for consumption on the premises;
1-23                       (D)  motion picture house, theater, concert hall,
1-24     stadium, or other place of exhibition or entertainment; or
 2-1                       (E)  other facility used by or open to members of
 2-2     the public.
 2-3                 (3)  "Valet parking service" means a parking service
 2-4     through which the motor vehicles of patrons of a public
 2-5     accommodation are parked for a fee by a third party who is not an
 2-6     employee of the public accommodation.
 2-7           Sec. 686.002.  REQUIREMENT OF FINANCIAL RESPONSIBILITY FOR
 2-8     VALET PARKING SERVICES.  A person may not operate a valet parking
 2-9     service unless financial responsibility for each employee who
2-10     operates a motor vehicle for the service is established through:
2-11                 (1)  a motor vehicle liability insurance policy in an
2-12     amount established by Section 686.004;
2-13                 (2)  a surety bond filed under Section 601.121; or
2-14                 (3)  a deposit in the amount of $450,000 under Section
2-15     601.122, notwithstanding any other amount prescribed by that
2-16     section.
2-17           Sec. 686.003.  EVIDENCE OF FINANCIAL RESPONSIBILITY. (a)  The
2-18     owner or operator of a valet parking service shall provide evidence
2-19     of financial responsibility in the same manner as required under
2-20     Section 601.053.
2-21           (b)  In addition to complying with Subsection (a), an owner
2-22     or operator of a valet parking service shall exhibit, for public
2-23     inspection, evidence of financial responsibility at a public
2-24     accommodation whose patrons use the service.
2-25           Sec. 686.004.  MINIMUM COVERAGE AMOUNTS.  The minimum amounts
2-26     of motor vehicle liability insurance coverage required to establish
2-27     financial responsibility under this chapter are:
 3-1                 (1)  $100,000 for bodily injury to or death of one
 3-2     person in one accident;
 3-3                 (2)  $300,000 for bodily injury to or death of two or
 3-4     more persons in one accident, subject to the amount provided by
 3-5     Subdivision (1) for bodily injury to or death of one of the
 3-6     persons; and
 3-7                 (3)  $50,000 for damage to or destruction of property
 3-8     of others in one accident.
 3-9           Sec. 686.005.  COMMON LAW DEFENSES.  In an action against an
3-10     owner or operator of a valet parking service that has not
3-11     established financial responsibility as required by this chapter to
3-12     recover damages for personal injuries, death, or property damage
3-13     sustained in a motor vehicle accident arising out of the operation
3-14     of a valet parking service, it is not a defense that the party who
3-15     brings the action:
3-16                 (1)  was guilty of contributory negligence; or
3-17                 (2)  assumed the risk of injury, death, or property
3-18     damage.
3-19           Sec. 686.006.  OPERATION OF MOTOR VEHICLE IN VIOLATION OF
3-20     FINANCIAL RESPONSIBILITY REQUIREMENT; OFFENSE.  (a)  A person
3-21     commits an offense if the person, while in the course and scope of
3-22     the person's employment with a valet parking service, operates a
3-23     motor vehicle of a patron of the service without the financial
3-24     responsibility required by this chapter.
3-25           (b)  Except as provided by Subsections (c) and (d), an
3-26     offense under this section is a misdemeanor punishable by a fine of
3-27     not less than $175 or more than $350.
 4-1           (c)  If a person has been previously convicted of an offense
 4-2     under this section, an offense under this section is a misdemeanor
 4-3     punishable by a fine of not less than $350 or more than $1,000.
 4-4           (d)  If the court determines that a person who has not been
 4-5     previously convicted of an offense under this section is
 4-6     economically unable to pay the fine, the court may reduce the fine
 4-7     to not less than $175.
 4-8           Sec. 686.007.  DEFENSE:  FINANCIAL RESPONSIBILITY IN EFFECT
 4-9     AT TIME OF ALLEGED OFFENSE.  It is a defense to prosecution under
4-10     Section 686.002 that the person charged produces one of the
4-11     documents listed in Section 601.053 that was valid at the time the
4-12     offense is alleged to have occurred.
4-13           SECTION 2.  This Act takes effect September 1, 2001.