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