BILL ANALYSIS

 

 

 

H.B. 3928

By: Thompson

Licensing & Administrative Procedures

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Current law requires the operator of a vehicle storage facility to notify the registered owner and primary lienholder of a vehicle that has been towed to the facility and sets out conditions under which that notice requirement may be satisfied through publication in a newspaper of general circulation in the county in which the vehicle is stored. The bill author has informed the committee that this is becoming increasingly difficult as the number of newspapers continues to decline across Texas. In the Texas Department of Licensing and Regulation's 2025-2029 Strategic Plan, the agency found that "requiring a notice to be filed with a newspaper in the county where a vehicle is stored or where certain operations will occur creates an impediment to licensees providing the notice and the public receiving the notice" and that "due to the decline of local newspapers and a decline in readership, the required posting no longer provides the notice to the public that was intended by legislation and an alternative notice is needed." H.B. 3928 seeks to provide the option for a vehicle storage facility operator to provide the requisite notice regarding a towed vehicle on certain publicly facing websites as an alternative to providing that notice in an applicable newspaper.

 

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. 3928 amends the Occupations Code to give the operator of a vehicle storage facility, as an alternative to providing notice to the registered owner and the primary lienholder of a vehicle towed to such a facility by publication in an applicable newspaper as authorized under certain conditions, the option of providing such notice under those same conditions on a publicly available website maintained by a third party approved by the Texas Department of Licensing and Regulation (TDLR). The bill requires TDLR to include on its website a link to any website maintained by a TDLR-approved third party where notice may be provided under the bill's provisions.

 

EFFECTIVE DATE

 

September 1, 2025.