Relating to impoundment, storage, and notification fees for vehicles stored at vehicle storage facilities; authorizing fee increases and decreases; requiring the adjustment of authorized fees.

The text as introduced · 893 words

90R3145 AND-F

By: Curry
H.B. No. 146

A BILL TO BE ENTITLED

AN ACT

relating to impoundment, storage, and notification fees for

vehicles stored at vehicle storage facilities; authorizing fee

increases and decreases; requiring the adjustment of authorized

fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 2303.155(b) and (c), Occupations Code,

are amended to read as follows:

(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 ,

subject to Subsection (c), 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) $20 for each day or part of a day the vehicle

is stored at the facility if the vehicle is not an electric or

hybrid passenger vehicle and 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 not an electric or

hybrid passenger vehicle and is longer than 25 feet; or

(C) $70 for each day or part of a day the vehicle

is stored at the facility if the vehicle is an electric or hybrid

passenger vehicle; and

(4) any fee that is required to be submitted to a law

enforcement agency, the agency's authorized agent, or a

governmental entity.

(c) A notification fee under Subsection (b) may not , subject

to Section 2303.1552, exceed $50, except that if notice by

publication is required by this chapter and the cost of publication

exceeds 50 percent of the notification fee, the vehicle storage

facility may recover the additional amount of the cost of

publication from the vehicle owner or agent.

SECTION 2. Section 2303.1552(b), Occupations Code, is

amended to read as follows:

(b) Each even-numbered [ odd-numbered ] year, the commission,

not later than February [ November ] 1:

(1) by rule may adjust the impoundment fee under

Section 2303.155(b)(2) , [ and ] the storage fees under Section

2303.155(b)(3) , and the maximum amount of the notification fee

under Section 2303.155(c) by an amount equal to the amount of the

applicable impoundment or storage fee or maximum notification fee

in effect on December 31 of the preceding year multiplied by the

percentage increase or decrease , if any, in the consumer price

index during the [ preceding ] state fiscal biennium ending August 31

of the year preceding the year in which the commission adopts a

final rule under this section ; and

(2) if a fee or maximum amount is [ the fees are ]

adjusted under Subdivision (1), shall publish the adjusted fee or

maximum amount [ fees ] on the department's Internet website.

SECTION 3. Subchapter D, Chapter 2303, Occupations Code, is

amended by adding Sections 2303.1553 and 2303.1554 to read as

follows:

Sec. 2303.1553. ONE-TIME ADJUSTMENT TO CERTAIN FEES:

TEMPORARY PROVISION. (a) Not later than February 1, 2028, the

commission shall:

(1) adjust the impoundment fee under Section

2303.155(b)(2), the storage fees under Section 2303.155(b)(3), and

the maximum amount of the notification fee under Section

2303.155(c) by an amount equal to the amount of the applicable fee

or maximum amount in effect on December 31, 2005, multiplied by the

percentage increase or decrease, if any, in the consumer price

index, as defined by Section 2303.1552(a), that occurred during the

period beginning December 31, 2005, and ending December 31, 2019;

and

(2) if a fee or maximum amount is adjusted under

Subdivision (1), publish the adjusted fee or maximum amount on the

department's Internet website.

(b) This section expires September 1, 2029.

Sec. 2303.1554. ONE-TIME INCREASE TO NOTIFICATION FEE

MAXIMUM AMOUNT: TEMPORARY PROVISION. (a) Not later than February 1,

2028, the commission shall increase the maximum amount of the

notification fee under Section 2303.155(c) by an amount equal to

the sum of:

(1) the maximum amount of the notification fee in

effect on December 31, 2019, multiplied by the percentage increase

the commission applied to the impoundment fee under Section

2303.155(b)(2) and the storage fees under Section 2303.155(b)(3) in

the final rule adopted by the commission under Section 2303.1552(b)

on October 25, 2019, 44 Tex. Reg. 6365 (2019);

(2) the maximum amount of the notification fee as

adjusted under Section 2303.1553(a)(1) multiplied by the

percentage increase the commission applied to the impoundment fee

under Section 2303.155(b)(2) and the storage fees under Section

2303.155(b)(3) in the final rule adopted by the commission under

Section 2303.1552(b) on October 29, 2021, 46 Tex. Reg. 7399 (2021);

and

(3) the maximum amount of the notification fee as

adjusted under Subdivision (2) multiplied by the percentage

increase the commission applied to the impoundment fee under

Section 2303.155(b)(2) and the storage fees under Section

2303.155(b)(3) in the final rule adopted by the commission under

Section 2303.1552(b) on January 5, 2024, 49 Tex. Reg. 38 (2024).

(b) This section expires September 1, 2029.

SECTION 4. This Act takes effect September 1, 2027.