Texas 2019 - 86th Regular

Texas House Bill HB1140 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1140
	1	+	By: King of Uvalde (Senate Sponsor - Zaffirini) H.B. No. 1140
	2	+	(In the Senate - Received from the House April 26, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on
	4	+	Business & Commerce; May 20, 2019, reported favorably by the
	5	+	following vote: Yeas 8, Nays 0; May 20, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to fees for vehicles stored at vehicle storage facilities;
6	12		authorizing fee increases and decreases; eliminating a fee;
7	13		eliminating a minimum fee.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Sections 2303.155(a) and (b), Occupations Code,
10	16		are amended to read as follows:
11	17		(a) For the purposes of this section, "governmental vehicle
12	18		storage facility" means a garage, parking lot, or other facility
13	19		that is:
14	20		(1) [(A)] owned by a governmental entity; and
15	21		(2) [(B)] used to store or park at least 10 vehicles
16	22		each year.
17	23		(b) The operator of a vehicle storage facility or
18	24		governmental vehicle storage facility may charge the owner of a
19	25		vehicle stored or parked at the facility:
20	26		(1) a notification fee set in a reasonable amount for
21	27		providing notice under this subchapter, including notice under
22	28		Section 2303.154(c);
23	29		(2) an impoundment fee of $20, subject to Section
24	30		2303.1552, for any action that:
25	31		(A) is taken by or at the direction of the owner
26	32		or operator of the facility; and
27	33		(B) is necessary to preserve, protect, or service
28	34		a vehicle stored or parked at the facility;
29	35		(3) a daily storage fee, subject to Section 2303.1552,
30	36		of:
31	37		(A) [not less than $5 and not more than] $20 for
32	38		each day or part of a day the vehicle is stored at the facility if
33	39		the vehicle is not longer than 25 feet; or
34	40		(B) $35 for each day or part of a day the vehicle
35	41		is stored at the facility if the vehicle is longer than 25 feet; and
36	42		(4) any fee that is required to be submitted to a law
37	43		enforcement agency, the agency's authorized agent, or a
38	44		governmental entity [; and
39	45		[(5) a fee in an amount set by the commission for the
40	46		remediation, recovery, or capture of an environmental or biological
41	47		hazard].
42	48		SECTION 2. Subchapter D, Chapter 2303, Occupations Code, is
43	49		amended by adding Section 2303.1552 to read as follows:
44	50		Sec. 2303.1552. BIENNIAL ADJUSTMENT OF CERTAIN FEES. (a)
45	51		In this section, "consumer price index" means the Consumer Price
46	52		Index for All Urban Consumers (CPI-U) published by the Bureau of
47	53		Labor Statistics of the United States Department of Labor.
48		-	(b) Each odd-numbered year, the commission, not later than
49		-	November 1:
50		-	(1) by rule may adjust the impoundment fee under
51		-	Section 2303.155(b)(2) and the storage fees under Section
52		-	2303.155(b)(3) by an amount equal to the amount of the applicable
53		-	fee in effect on December 31 of the preceding year multiplied by the
54		-	percentage increase or decrease in the consumer price index during
55		-	the preceding state fiscal biennium; and
56		-	(2) if the fees are adjusted under Subdivision (1),
57		-	shall publish the adjusted fees on the department's Internet
58		-	website.
59		-	(c) A fee adjusted under Subsection (b) is effective
60		-	beginning the January 1 following the adoption of a rule under that
61		-	subsection.
	54	+	(b) On January 1 of each even-numbered year, the impoundment
	55	+	fee under Section 2303.155(b)(2) and the storage fees under Section
	56	+	2303.155(b)(3) are increased or decreased by an amount equal to the
	57	+	amount of the applicable fee in effect on December 31 of the
	58	+	preceding year multiplied by the percentage increase or decrease in
	59	+	the consumer price index during the preceding state fiscal
	60	+	biennium.
	61	+	(c) Not later than November 1 of each odd-numbered year, the
	62	+	commission shall:
	63	+	(1) adjust the fees in accordance with Subsection (b);
	64	+	and
	65	+	(2) publish the adjusted fees on the department's
	66	+	Internet website.
62	67		(d) If a fee is decreased under this section, the operator
63	68		of a vehicle storage facility or governmental vehicle storage
64	69		facility, as defined by Section 2303.155, shall begin charging the
65	70		adjusted fee on the effective date of the decrease. If a fee is
66	71		increased under this section, the operator may begin charging the
67	72		adjusted fee at any time on or after the effective date of the
68	73		increase.
69	74		SECTION 3. This Act takes effect immediately if it receives
70	75		a vote of two-thirds of all the members elected to each house, as
71	76		provided by Section 39, Article III, Texas Constitution. If this
72	77		Act does not receive the vote necessary for immediate effect, this
73	78		Act takes effect September 1, 2019.
74		-	______________________________ ______________________________
75		-	President of the Senate Speaker of the House
76		-	I certify that H.B. No. 1140 was passed by the House on April
77		-	25, 2019, by the following vote: Yeas 118, Nays 13, 1 present, not
78		-	voting; and that the House concurred in Senate amendments to H.B.
79		-	No. 1140 on May 24, 2019, by the following vote: Yeas 125, Nays 17,
80		-	2 present, not voting.
81		-	______________________________
82		-	Chief Clerk of the House
83		-	I certify that H.B. No. 1140 was passed by the Senate, with
84		-	amendments, on May 21, 2019, by the following vote: Yeas 30, Nays
85		-	1.
86		-	______________________________
87		-	Secretary of the Senate
88		-	APPROVED: __________________
89		-	Date
90		-	__________________
91		-	Governor
	79	+	* * * * *