| 1 | 1 | | 83R25379 SLB-F |
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| 2 | 2 | | By: Carona S.B. No. 1053 |
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| 3 | 3 | | (Guillen) |
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| 4 | 4 | | Substitute the following for S.B. No. 1053: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the notice provided to an owner or lienholder of a |
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| 10 | 10 | | vehicle towed to a vehicle storage facility or provided to an owner |
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| 11 | 11 | | or operator of a vehicle by a parking facility owner. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 2303.153(a), Occupations Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (a) A notice by mail provided under Section 2303.151 must |
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| 16 | 16 | | include: |
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| 17 | 17 | | (1) the date the vehicle was accepted for storage; |
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| 18 | 18 | | (2) the first day for which a storage fee is assessed; |
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| 19 | 19 | | (3) the daily storage rate; |
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| 20 | 20 | | (4) the type and amount of any other charge to be paid |
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| 21 | 21 | | when the vehicle is claimed; |
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| 22 | 22 | | (5) the full name, street address, and telephone |
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| 23 | 23 | | number of the vehicle storage facility; |
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| 24 | 24 | | (6) the hours during which the owner may claim the |
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| 25 | 25 | | vehicle; and |
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| 26 | 26 | | (7) the facility license number preceded by "Texas |
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| 27 | 27 | | Department of Licensing and Regulation [Transportation] Vehicle |
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| 28 | 28 | | Storage Facility License Number[.]" or "TDLR VSF Lic. No." |
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| 29 | 29 | | SECTION 2. Section 2308.252(b), Occupations Code, is |
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| 30 | 30 | | amended to read as follows: |
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| 31 | 31 | | (b) A parking facility owner is considered to have given |
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| 32 | 32 | | notice under Subsection (a)(3) if: |
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| 33 | 33 | | (1) a conspicuous notice has been attached to the |
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| 34 | 34 | | vehicle's front windshield or, if the vehicle has no front |
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| 35 | 35 | | windshield, to a conspicuous part of the vehicle stating: |
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| 36 | 36 | | (A) that the vehicle is in a parking space in |
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| 37 | 37 | | which the vehicle is not authorized to be parked; |
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| 38 | 38 | | (B) a description of all other unauthorized areas |
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| 39 | 39 | | in the parking facility; |
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| 40 | 40 | | (C) that the vehicle will be towed at the expense |
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| 41 | 41 | | of the owner or operator of the vehicle if it remains in an |
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| 42 | 42 | | unauthorized area of the parking facility; and |
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| 43 | 43 | | (D) a telephone number that is answered 24 hours |
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| 44 | 44 | | a day to enable the owner or operator of the vehicle to locate the |
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| 45 | 45 | | vehicle; and |
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| 46 | 46 | | (2) a notice is mailed after the notice is attached to |
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| 47 | 47 | | the vehicle as provided by Subdivision (1) to the owner of the |
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| 48 | 48 | | vehicle by certified mail, return receipt requested, to the last |
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| 49 | 49 | | address shown for the owner according to the vehicle registration |
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| 50 | 50 | | records of the Texas Department of Motor Vehicles [Transportation], |
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| 51 | 51 | | or if the vehicle is registered in another state, the appropriate |
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| 52 | 52 | | agency of that state. |
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| 53 | 53 | | SECTION 3. The changes in law made by this Act apply only to |
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| 54 | 54 | | a notice mailed on or after September 1, 2013. A notice mailed |
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| 55 | 55 | | before September 1, 2013, is governed by the law in effect |
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| 56 | 56 | | immediately before that date, and that law is continued in effect |
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| 57 | 57 | | for that purpose. |
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| 58 | 58 | | SECTION 4. This Act takes effect September 1, 2013. |
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