BILL ANALYSIS

H.B. 4127

By: Herrero

Licensing & Administrative Procedures

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties note that the Texas Department of Licensing and Regulation (TDLR) conducts both periodic and risk-based inspections of certain tow companies and vehicle storage facilities. Concerns have been raised regarding the possibility of duplicative punishment and fee costs associated with risk-based inspection requirements since TDLR performs follow-up inspections of such companies and facilities based on identified concerns and consumer complaints.        H.B. 4127 seeks to address this concern by removing those risk-based inspection requirements.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4127 repeals Sections 2303.056(c) and (d), Occupations Code, relating to the requirement that the Texas Department of Licensing and Regulation (TDLR) conduct risk-based inspections of certain facilities under the Vehicle Storage Facility Act and to the fee for such inspections. The bill repeals Sections 2308.059(b) and (c), Occupations Code, relating to the requirement that TDLR conduct risk-based inspections of certain facilities under the Texas Towing and Booting Act and to the fee for such inspections and amends the Occupations Code to make conforming changes.

EFFECTIVE DATE

September 1, 2017.