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A BILL TO BE ENTITLED
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AN ACT
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relating to impoundment, storage, and notification fees for |
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vehicles stored at vehicle storage facilities; authorizing fee |
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increases and decreases; requiring the adjustment of authorized |
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fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 2303.155(b) and (c), Occupations Code, |
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are amended to read as follows: |
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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, |
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subject to Subsection (c), for providing notice under this |
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subchapter, including notice under 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) $20 for each day or part of a day the vehicle |
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is stored at the facility if the vehicle is not longer than 25 feet; |
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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. |
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(c) A notification fee under Subsection (b) may not, subject |
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to Section 2303.1552, exceed $50, except that if notice by |
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publication is required by this chapter and the cost of publication |
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exceeds 50 percent of the notification fee, the vehicle storage |
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facility may recover the additional amount of the cost of |
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publication from the vehicle owner or agent. |
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SECTION 2. Section 2303.1552(b), Occupations Code, is |
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amended to read as follows: |
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(b) Each odd-numbered year, the commission, not later than |
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November 1: |
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(1) by rule may adjust the impoundment fee under |
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Section 2303.155(b)(2), [and] the storage fees under Section |
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2303.155(b)(3), and the maximum amount of the notification fee |
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under Section 2303.155(c) by an amount equal to the amount of the |
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applicable impoundment or storage fee or maximum notification fee |
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in effect on December 31 of the preceding year multiplied by the |
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percentage increase or decrease, if any, in the consumer price |
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index during the [preceding] state fiscal biennium ending August 31 |
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of the year in which the commission adopts a final rule under this |
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section; and |
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(2) if a fee or maximum amount is [the fees are] |
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adjusted under Subdivision (1), shall publish the adjusted fee or |
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maximum amount [fees] on the department's Internet website. |
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SECTION 3. Subchapter D, Chapter 2303, Occupations Code, is |
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amended by adding Sections 2303.1553 and 2303.1554 to read as |
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follows: |
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Sec. 2303.1553. ONE-TIME ADJUSTMENT TO CERTAIN FEES: |
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TEMPORARY PROVISION. (a) Not later than November 1, 2023, the |
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commission shall: |
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(1) adjust the impoundment fee under Section |
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2303.155(b)(2), the storage fees under Section 2303.155(b)(3), and |
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the maximum amount of the notification fee under Section |
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2303.155(c) by an amount equal to the amount of the applicable fee |
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or maximum amount in effect on December 31, 2005, multiplied by the |
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percentage increase or decrease, if any, in the consumer price |
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index, as defined by Section 2303.1552(a), that occurred during the |
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period beginning December 31, 2005, and ending December 31, 2019; |
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and |
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(2) if a fee or maximum amount is adjusted under |
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Subdivision (1), publish the adjusted fee or maximum amount on the |
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department's Internet website. |
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(b) This section expires September 1, 2025. |
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Sec. 2303.1554. ONE-TIME INCREASE TO NOTIFICATION FEE |
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MAXIMUM AMOUNT: TEMPORARY PROVISION. (a) Not later than November 1, |
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2023, the commission shall increase the maximum amount of the |
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notification fee under Section 2303.155(c) by an amount equal to |
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the sum of: |
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(1) the maximum amount of the notification fee in |
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effect on December 31, 2019, multiplied by the percentage increase |
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the commission applied to the impoundment fee under Section |
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2303.155(b)(2) and the storage fees under Section 2303.155(b)(3) in |
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the final rule adopted by the commission under Section 2303.1552(b) |
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on October 25, 2019, 44 Tex. Reg. 6365 (2019); and |
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(2) the maximum amount of the notification fee as |
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adjusted under Section 2303.1553(a)(1) multiplied by the |
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percentage increase the commission applied to the impoundment fee |
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under Section 2303.155(b)(2) and the storage fees under Section |
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2303.155(b)(3) in the final rule adopted by the commission under |
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Section 2303.1552(b) on October 29, 2021, 46 Tex. Reg. 7399 (2021). |
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(b) This section expires September 1, 2025. |
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SECTION 4. This Act takes effect September 1, 2023. |