81R16578 JE-F
 
  By: Phillips H.B. No. 2988
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to providing a patron of a pay-to-park or valet parking
  service with certain information; providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 5, Business & Commerce Code, is
  amended by adding Chapter 109 to read as follows:
  CHAPTER 109. PAY-TO-PARK AND VALET PARKING SERVICES
         Sec. 109.001.  DEFINITIONS. In this chapter:
               (1)  "Pay-to-park service" means a business that
  provides a place to park the motor vehicles of patrons of a public
  accommodation in a garage, lot, or other facility for a fee.
               (2)  "Valet parking service" means a parking service
  through which the motor vehicles of patrons of a public
  accommodation are parked for a fee by a third party who is not an
  employee of the public accommodation.
               (3)  "Owner" means a person who owns the pay-to-park or
  valet parking service.  The term does not include the owner of the
  property on which the pay-to-park or valet parking service is
  provided unless the service is also owned by the owner of the
  property.
               (4)  "Public accommodation" means any:
                     (A)  inn, hotel, or motel;
                     (B)  restaurant, cafeteria, or other facility
  principally engaged in selling food for consumption on the
  premises;
                     (C)  bar, nightclub, or other facility engaged in
  selling alcoholic beverages for consumption on the premises;
                     (D)  motion picture house, theater, concert hall,
  stadium, or other place of exhibition or entertainment; or
                     (E)  other facility used by or open to members of
  the public.
         Sec. 109.002.  REQUIREMENT OF CONTACT INFORMATION. (a) The
  receipt or claim ticket that an operator of a pay-to-park or valet
  parking service provides to a patron must state the owner's name,
  address, and telephone number.
         (b)  If a pay-to-park service does not provide a patron with
  a receipt or claim ticket, the operator shall prominently display
  the owner's name, address, and telephone number on a sign on or
  immediately adjacent to the payment receptacle or other device for
  making payment for the service.
         Sec. 109.003.  CIVIL PENALTY. A pay-to-park or valet
  parking service that violates this chapter is subject to a civil
  penalty not to exceed $200 for each violation.
         Sec. 109.004.  SUIT FOR CIVIL PENALTY. The attorney general
  or a county or district attorney may bring an action to recover a
  civil penalty imposed under Section 109.003.
         SECTION 2.  This Act takes effect September 1, 2009.