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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of motor vehicle towing, |
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booting, and storage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2303.159, Occupations Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) A vehicle storage facility accepting payment of a fee |
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by credit card may collect an additional processing fee not to |
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exceed two percent of the amount of the fee being paid. |
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SECTION 2. Section 2303.304, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsections (a-1) and (a-2) |
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to read as follows: |
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(a) The commission shall send a warning letter to a person |
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if: |
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(1) the commission reasonably believes that the person |
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has violated this chapter, a rule adopted under this chapter, or a |
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rule or order of the executive director or commission; and |
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(2) the person has not in the 12 months preceding the |
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date of the violation received a warning letter concerning a |
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violation similar in nature to the violation under Subdivision (1). |
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(a-1) The commission may impose an administrative penalty |
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on a person under Subchapter F, Chapter 51, regardless of whether |
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the person holds a registration, permit, or license under this |
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chapter, if: |
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(1) the commission has sent a warning letter to the |
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person under Subsection (a); and |
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(2) the person again violates[:
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[(1)] this chapter, [or] a rule adopted under this |
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chapter,[;] or |
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[(2)] a rule or order of the executive director or |
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commission in a manner that is similar in nature to the subject of |
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the warning sent under Subsection (a). |
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(a-2) For purposes of this section, violations are similar |
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in nature if the violations consist of the same or a similar course |
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of conduct, action, or practice, regardless of the number of times |
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the conduct, act, or practice determined to be a violation |
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occurred. |
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SECTION 3. Section 2308.257(e), Occupations Code, as added |
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by Chapter 845 (S.B. 2153), Acts of the 81st Legislature, Regular |
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Session, 2009, is amended to read as follows: |
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(e) A booting company shall accept payment by an electronic |
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check, debit card, or credit card for any fee or charge associated |
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with the removal of a boot. A booting company may not collect a fee |
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for any charge associated with the removal of a boot from a person |
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who offers to pay the charge with an electronic check, debit card, |
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or credit card form of payment that the booting company is not |
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equipped to accept. A booting company accepting payment by credit |
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card for any fee or charge associated with the removal of a boot may |
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collect an additional processing fee not to exceed two percent of |
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the amount of the fee or charge being paid. |
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SECTION 4. Subchapter I, Chapter 2308, Occupations Code, is |
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amended by adding Section 2308.408 to read as follows: |
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Sec. 2308.408. PAYMENT OF FEES BY CREDIT CARD; ADDITIONAL |
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FEE AUTHORIZED. A towing company accepting payment by credit card |
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for any fee or charge associated with the removal and storage of a |
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vehicle may collect an additional processing fee not to exceed two |
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percent of the amount of the fee or charge being paid. |
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SECTION 5. Section 2308.451, Occupations Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) If in a hearing held under this chapter the court finds |
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that the request for the hearing was frivolous, the court shall |
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award the towing company, booting company, vehicle storage |
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facility, or parking facility owner who prevails reasonable |
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attorney's fees and court costs. |
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SECTION 6. Section 2308.501, Occupations Code, is amended |
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by amending Subsection (a) and adding Subsections (a-1) and (a-2) |
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to read as follows: |
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(a) The commission shall send a warning letter to a person |
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if: |
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(1) the commission reasonably believes that the person |
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has violated this chapter, a rule adopted under this chapter, or a |
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rule or order of the executive director or commission; and |
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|
(2) the person has not in the 12 months preceding the |
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date of the violation received a warning letter concerning a |
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violation similar in nature to the violation under Subdivision (1). |
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(a-1) The commission may impose an administrative penalty |
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on a person under Subchapter F, Chapter 51, regardless of whether |
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the person holds a registration, permit, or license under this |
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chapter, if: |
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(1) the commission has sent a warning letter to the |
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person under Subsection (a); and |
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(2) the person again violates[:
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[(1)] this chapter, [or] a rule adopted under this |
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chapter,[;] or |
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[(2)] a rule or order of the executive director or |
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commission in a manner that is similar in nature to the subject of |
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the warning sent under Subsection (a). |
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(a-2) For purposes of this section, violations are similar |
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in nature if the violations consist of the same or a similar course |
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of conduct, action, or practice, regardless of the number of times |
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the conduct, act, or practice determined to be a violation |
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occurred. |
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SECTION 7. The changes in law made by this Act apply only to |
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the assessment or imposition of an administrative penalty under |
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Sections 2303.304 and 2308.501, Occupations Code, for a violation |
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that occurs on or after the effective date of this Act. The |
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assessment or imposition of an administrative penalty under |
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Sections 2303.304 and 2308.501, Occupations Code, for a violation |
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that occurs before the effective date of this Act is governed by the |
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law in effect on the date the violation occurred, and that law is |
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continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2011. |