88R2206 DRS-F
By: Cook H.B. No. 4447
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 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 longer than 25 feet; 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 odd-numbered year, the commission, not later than
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 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 November 1, 2023, 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, 2025.
Sec. 2303.1554. ONE-TIME INCREASE TO NOTIFICATION FEE
MAXIMUM AMOUNT: TEMPORARY PROVISION. (a) Not later than November 1,
2023, 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); and
(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).
(b) This section expires September 1, 2025.
SECTION 4. This Act takes effect September 1, 2023.