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A BILL TO BE ENTITLED
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AN ACT
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relating to fees for vehicles stored at vehicle storage facilities; |
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authorizing fee increases and decreases; eliminating a fee; |
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eliminating a minimum fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 2303.155(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) For the purposes of this section, "governmental vehicle |
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storage facility" means a garage, parking lot, or other facility |
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that is: |
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(1) [(A)] owned by a governmental entity; and |
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(2) [(B)] used to store or park at least 10 vehicles |
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each year. |
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(b) The operator of a vehicle storage facility or |
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governmental vehicle storage facility may charge the owner of a |
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vehicle stored or parked at the facility: |
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(1) a notification fee set in a reasonable amount for |
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providing notice under this subchapter, including notice under |
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Section 2303.154(c); |
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(2) an impoundment fee of $20, subject to Section |
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2303.1552, for any action that: |
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(A) is taken by or at the direction of the owner |
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or operator of the facility; and |
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(B) is necessary to preserve, protect, or service |
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a vehicle stored or parked at the facility; |
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(3) a daily storage fee, subject to Section 2303.1552, |
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of: |
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(A) [not less than $5 and not more than] $20 for |
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each day or part of a day the vehicle is stored at the facility if |
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the vehicle is not longer than 25 feet; or |
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(B) $35 for each day or part of a day the vehicle |
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is stored at the facility if the vehicle is longer than 25 feet; and |
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(4) any fee that is required to be submitted to a law |
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enforcement agency, the agency's authorized agent, or a |
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governmental entity [; and
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[(5)
a fee in an amount set by the commission for the
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remediation, recovery, or capture of an environmental or biological
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hazard]. |
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SECTION 2. Subchapter D, Chapter 2303, Occupations Code, is |
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amended by adding Section 2303.1552 to read as follows: |
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Sec. 2303.1552. BIENNIAL ADJUSTMENT OF CERTAIN FEES. (a) |
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In this section, "consumer price index" means the Consumer Price |
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Index for All Urban Consumers (CPI-U) published by the Bureau of |
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Labor Statistics of the United States Department of Labor. |
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(b) On January 1 of each even-numbered year, the impoundment |
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fee under Section 2303.155(b)(2) and the storage fees under Section |
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2303.155(b)(3) are increased or decreased by an amount equal to the |
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amount of the applicable fee in effect on December 31 of the |
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preceding year multiplied by the percentage increase or decrease in |
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the consumer price index during the preceding state fiscal |
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biennium. |
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(c) Not later than November 1 of each odd-numbered year, the |
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commission shall: |
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(1) adjust the fees in accordance with Subsection (b); |
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and |
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(2) publish the adjusted fees on the department's |
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Internet website. |
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(d) If a fee is decreased under this section, the operator |
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of a vehicle storage facility or governmental vehicle storage |
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facility, as defined by Section 2303.155, shall begin charging the |
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adjusted fee on the effective date of the decrease. If a fee is |
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increased under this section, the operator may begin charging the |
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adjusted fee at any time on or after the effective date of the |
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increase. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |