Texas 2011 - 82nd Regular

Texas House Bill HB2468 Compare Versions

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1	1	By: Phillips (Senate Sponsor - Seliger) H.B. No. 2468
2	2	(In the Senate - Received from the House April 26, 2011;
3	3	April 29, 2011, read first time and referred to Committee on
4	4	Business and Commerce; May 10, 2011, reported favorably by the
5	5	following vote: Yeas 9, Nays 0; May 10, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to providing a patron of a pay-to-park or valet parking
11	11	service with certain information; providing a civil penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
14	14	amended by adding Chapter 106 to read as follows:
15	15	CHAPTER 106. PAY-TO-PARK AND VALET PARKING SERVICES
16	16	Sec. 106.001. DEFINITIONS. In this chapter:
17	17	(1) "Pay-to-park service" means a business that
18	18	provides a place to park the motor vehicles of patrons of a public
19	19	accommodation in a garage, lot, or other facility for a fee.
20	20	(2) "Public accommodation" means any:
21	21	(A) inn, hotel, or motel;
22	22	(B) restaurant, cafeteria, or other facility
23	23	principally engaged in selling food for consumption on the
24	24	premises;
25	25	(C) bar, nightclub, or other facility engaged in
26	26	selling alcoholic beverages for consumption on the premises;
27	27	(D) motion picture house, theater, concert hall,
28	28	stadium, or other place of exhibition or entertainment; or
29	29	(E) other facility used by or open to members of
30	30	the public.
31	31	(3) "Valet parking service" means a parking service
32	32	through which the motor vehicles of patrons of a public
33	33	accommodation are parked for a fee by a third party who is not an
34	34	employee of the public accommodation.
35	35	Sec. 106.002. APPLICABILITY OF CHAPTER. This chapter does
36	36	not apply to a pay-to-park or valet parking service:
37	37	(1) operated by the owner of:
38	38	(A) a restaurant, cafeteria, or other facility
39	39	principally engaged in selling food for consumption on the
40	40	premises; or
41	41	(B) an inn, hotel, or motel; and
42	42	(2) provided exclusively to patrons of the public
43	43	accommodation described by Subdivision (1).
44	44	Sec. 106.003. REQUIREMENT OF CONTACT INFORMATION. (a) The
45	45	receipt or claim ticket that an operator of a pay-to-park or valet
46	46	parking service provides to a patron must state the name, address,
47	47	and telephone number of the owner of the pay-to-park or valet
48	48	parking service.
49	49	(b) If a pay-to-park service does not provide a patron with
50	50	a receipt or claim ticket, the operator shall prominently display
51	51	the name, address, and telephone number of the owner of the
52	52	pay-to-park service on a sign on or immediately adjacent to the
53	53	payment receptacle or other device for making payment for the
54	54	service.
55	55	(c) For purposes of this section, "owner" does not include
56	56	the owner of the property on which the pay-to-park or valet parking
57	57	service is provided unless the service is also owned by the owner of
58	58	the property.
59	59	Sec. 106.004. CIVIL PENALTY. A pay-to-park or valet
60	60	parking service that violates this chapter is subject to a civil
61	61	penalty not to exceed $200 for each violation.
62	62	Sec. 106.005. SUIT FOR CIVIL PENALTY. The attorney general
63	63	or a county or district attorney may bring an action to recover a
64	64	civil penalty imposed under Section 106.004.
65	65	SECTION 2. This Act takes effect September 1, 2011.
66	66	* * * * *