Texas 2023 - 88th Regular

Texas House Bill HB4447 Compare Versions

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1	1	88R2206 DRS-F
2	2	By: Cook H.B. No. 4447
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to impoundment, storage, and notification fees for
8	8	vehicles stored at vehicle storage facilities; authorizing fee
9	9	increases and decreases; requiring the adjustment of authorized
10	10	fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 2303.155(b) and (c), Occupations Code,
13	13	are amended to read as follows:
14	14	(b) The operator of a vehicle storage facility or
15	15	governmental vehicle storage facility may charge the owner of a
16	16	vehicle stored or parked at the facility:
17	17	(1) a notification fee set in a reasonable amount,
18	18	subject to Subsection (c), for providing notice under this
19	19	subchapter, including notice under Section 2303.154(c);
20	20	(2) an impoundment fee of $20, subject to Section
21	21	2303.1552, for any action that:
22	22	(A) is taken by or at the direction of the owner
23	23	or operator of the facility; and
24	24	(B) is necessary to preserve, protect, or service
25	25	a vehicle stored or parked at the facility;
26	26	(3) a daily storage fee, subject to Section 2303.1552,
27	27	of:
28	28	(A) $20 for each day or part of a day the vehicle
29	29	is stored at the facility if the vehicle is not longer than 25 feet;
30	30	or
31	31	(B) $35 for each day or part of a day the vehicle
32	32	is stored at the facility if the vehicle is longer than 25 feet; and
33	33	(4) any fee that is required to be submitted to a law
34	34	enforcement agency, the agency's authorized agent, or a
35	35	governmental entity.
36	36	(c) A notification fee under Subsection (b) may not, subject
37	37	to Section 2303.1552, exceed $50, except that if notice by
38	38	publication is required by this chapter and the cost of publication
39	39	exceeds 50 percent of the notification fee, the vehicle storage
40	40	facility may recover the additional amount of the cost of
41	41	publication from the vehicle owner or agent.
42	42	SECTION 2. Section 2303.1552(b), Occupations Code, is
43	43	amended to read as follows:
44	44	(b) Each odd-numbered year, the commission, not later than
45	45	November 1:
46	46	(1) by rule may adjust the impoundment fee under
47	47	Section 2303.155(b)(2), [and] the storage fees under Section
48	48	2303.155(b)(3), and the maximum amount of the notification fee
49	49	under Section 2303.155(c) by an amount equal to the amount of the
50	50	applicable impoundment or storage fee or maximum notification fee
51	51	in effect on December 31 of the preceding year multiplied by the
52	52	percentage increase or decrease, if any, in the consumer price
53	53	index during the [preceding] state fiscal biennium ending August 31
54	54	of the year in which the commission adopts a final rule under this
55	55	section; and
56	56	(2) if a fee or maximum amount is [the fees are]
57	57	adjusted under Subdivision (1), shall publish the adjusted fee or
58	58	maximum amount [fees] on the department's Internet website.
59	59	SECTION 3. Subchapter D, Chapter 2303, Occupations Code, is
60	60	amended by adding Sections 2303.1553 and 2303.1554 to read as
61	61	follows:
62	62	Sec. 2303.1553. ONE-TIME ADJUSTMENT TO CERTAIN FEES:
63	63	TEMPORARY PROVISION. (a) Not later than November 1, 2023, the
64	64	commission shall:
65	65	(1) adjust the impoundment fee under Section
66	66	2303.155(b)(2), the storage fees under Section 2303.155(b)(3), and
67	67	the maximum amount of the notification fee under Section
68	68	2303.155(c) by an amount equal to the amount of the applicable fee
69	69	or maximum amount in effect on December 31, 2005, multiplied by the
70	70	percentage increase or decrease, if any, in the consumer price
71	71	index, as defined by Section 2303.1552(a), that occurred during the
72	72	period beginning December 31, 2005, and ending December 31, 2019;
73	73	and
74	74	(2) if a fee or maximum amount is adjusted under
75	75	Subdivision (1), publish the adjusted fee or maximum amount on the
76	76	department's Internet website.
77	77	(b) This section expires September 1, 2025.
78	78	Sec. 2303.1554. ONE-TIME INCREASE TO NOTIFICATION FEE
79	79	MAXIMUM AMOUNT: TEMPORARY PROVISION. (a) Not later than November 1,
80	80	2023, the commission shall increase the maximum amount of the
81	81	notification fee under Section 2303.155(c) by an amount equal to
82	82	the sum of:
83	83	(1) the maximum amount of the notification fee in
84	84	effect on December 31, 2019, multiplied by the percentage increase
85	85	the commission applied to the impoundment fee under Section
86	86	2303.155(b)(2) and the storage fees under Section 2303.155(b)(3) in
87	87	the final rule adopted by the commission under Section 2303.1552(b)
88	88	on October 25, 2019, 44 Tex. Reg. 6365 (2019); and
89	89	(2) the maximum amount of the notification fee as
90	90	adjusted under Section 2303.1553(a)(1) multiplied by the
91	91	percentage increase the commission applied to the impoundment fee
92	92	under Section 2303.155(b)(2) and the storage fees under Section
93	93	2303.155(b)(3) in the final rule adopted by the commission under
94	94	Section 2303.1552(b) on October 29, 2021, 46 Tex. Reg. 7399 (2021).
95	95	(b) This section expires September 1, 2025.
96	96	SECTION 4. This Act takes effect September 1, 2023.