By: Nelson  S.B. No. 46
         (In the Senate - Filed November 13, 2006; January 23, 2007,
  read first time and referred to Committee on Business and Commerce;
  April 10, 2007, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 5, Nays 0; April 10, 2007,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 46 By:  Harris
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to certain fees charged for the impoundment and storage of
  a recovered stolen vehicle.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2303.155, Occupations Code, is amended
  by amending Subsection (b) and adding Subsection (h) to read as
  follows:
         (b)  Except as provided by Subsection (h), the [The] operator
  of a vehicle storage facility or governmental vehicle storage
  facility may charge the owner of a vehicle stored or parked at the
  facility:
               (1)  a notification fee set in a reasonable amount for
  providing notice under this subchapter, including notice under
  Section 2303.154 (c);
               (2)  an impoundment fee of $20 for any action that:
                     (A)  is taken by or at the direction of the owner
  or operator of the facility; and
                     (B)  is necessary to preserve, protect, or service
  a vehicle stored or parked at the facility;
               (3)  a daily storage fee of:
                     (A)  not less than $5 and not more than $20 for
  each day or part of a day the vehicle is stored at the facility if
  the vehicle is not longer than 25 feet; or
                     (B)  $35 for each day or part of a day the vehicle
  is stored at the facility if the vehicle is longer than 25 feet; and
               (4)  any fee that is required to be submitted to a law
  enforcement agency, the agency's authorized agent, or a
  governmental entity.
         (h)  The operator of a vehicle storage facility or
  governmental vehicle storage facility may not charge a fee under
  Subsection (b) to the owner of a vehicle stored or parked at the
  facility as a result of recovery of the vehicle after being stolen
  if the vehicle owner provides the operator with a copy of the police
  report or similar report prepared by any law enforcement agency
  showing that the vehicle was reported stolen.
         SECTION 2.  This Act takes effect September 1, 2007.
 
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