Texas House Bill HB3109

Texas 2023 - 88th Regular

• Filed: 3/1/23

Caption

Relating to provision of notice by a vehicle storage facility through a Texas Department of Motor Vehicles electronic system; authorizing a fee.

Impact

If enacted, HB 3109 will significantly alter the way vehicle storage facilities communicate with vehicle owners and lienholders. By incorporating electronic notice systems, the bill reduces the reliance on traditional mailing, which can often be slow and inefficient. The proposed changes may improve the timeliness of notification, thereby potentially reducing the number of abandoned vehicles, as owners will have easier access to claims regarding their vehicles. However, it also positions the DMV to profit from charging fees associated with this electronic service.

Summary

House Bill 3109 aims to amend the Occupations Code of Texas to allow vehicle storage facilities to provide notices through an electronic system managed by the Texas Department of Motor Vehicles (DMV). This bill permits operators of these facilities to use an electronic notification method, which could streamline the process of notifying vehicle owners or lienholders about storage fees and other charges. Furthermore, it introduces the possibility for the DMV to charge a fee for this electronic service, thereby enhancing operational efficiency for storage facilities while also creating a new revenue stream for the state agency.

Sentiment

The general sentiment surrounding HB 3109 is mixed, reflecting both support for modernizing state regulations and concerns over potential financial implications for vehicle owners. Proponents of the bill argue that digitizing communications will enhance efficiency, reduce operational delays, and ultimately benefit vehicle owners by ensuring they receive timely notices. Conversely, critics may express concern about the additional fees imposed by the DMV, suggesting that this could place an undue financial burden on vehicle owners during an already stressful situation of retrieving their vehicles from storage.

Contention

Notable points of contention in discussions about HB 3109 include the balance between operational efficiency and cost to consumers. While supporters advocate for the modernization of communication practices in vehicle storage management, opponents may argue that charging for electronic notices effectively imposes a new tax on vehicle owners. Additionally, there are concerns regarding how effective the new procedures will actually be in practice, and whether the expected benefits justify the potential downsides associated with further governmental involvement in vehicle storage processes.

Texas Constitutional Statutes Affected

Occupations Code

• Chapter 2303. Vehicle Storage Facilities
  • Section: 151
  • Section: 153
  • Section: 154
  • Section: 155
  • Section: 157

Transportation Code

• Chapter 683. Abandoned Motor Vehicles
  • Section: 031