1 | 1 | | 89R1129 CS-F |
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2 | 2 | | By: Cook H.B. No. 2983 |
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3 | 3 | | |
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4 | 4 | | |
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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 impoundment, storage, and notification fees for |
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10 | 10 | | vehicles stored at vehicle storage facilities; authorizing fee |
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11 | 11 | | increases and decreases; requiring the adjustment of authorized |
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12 | 12 | | fees. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Sections 2303.155(b) and (c), Occupations Code, |
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15 | 15 | | are amended to read as follows: |
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16 | 16 | | (b) The operator of a vehicle storage facility or |
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17 | 17 | | governmental vehicle storage facility may charge the owner of a |
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18 | 18 | | vehicle stored or parked at the facility: |
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19 | 19 | | (1) a notification fee set in a reasonable amount, |
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20 | 20 | | subject to Subsection (c), for providing notice under this |
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21 | 21 | | subchapter, including notice under Section 2303.154(c); |
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22 | 22 | | (2) an impoundment fee of $20, subject to Section |
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23 | 23 | | 2303.1552, for any action that: |
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24 | 24 | | (A) is taken by or at the direction of the owner |
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25 | 25 | | or operator of the facility; and |
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26 | 26 | | (B) is necessary to preserve, protect, or service |
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27 | 27 | | a vehicle stored or parked at the facility; |
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28 | 28 | | (3) a daily storage fee, subject to Section 2303.1552, |
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29 | 29 | | of: |
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30 | 30 | | (A) $20 for each day or part of a day the vehicle |
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31 | 31 | | is stored at the facility if the vehicle is not longer than 25 feet; |
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32 | 32 | | or |
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33 | 33 | | (B) $35 for each day or part of a day the vehicle |
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34 | 34 | | is stored at the facility if the vehicle is longer than 25 feet; and |
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35 | 35 | | (4) any fee that is required to be submitted to a law |
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36 | 36 | | enforcement agency, the agency's authorized agent, or a |
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37 | 37 | | governmental entity. |
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38 | 38 | | (c) A notification fee under Subsection (b) may not, subject |
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39 | 39 | | to Section 2303.1552, exceed $50, except that if notice by |
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40 | 40 | | publication is required by this chapter and the cost of publication |
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41 | 41 | | exceeds 50 percent of the notification fee, the vehicle storage |
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42 | 42 | | facility may recover the additional amount of the cost of |
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43 | 43 | | publication from the vehicle owner or agent. |
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44 | 44 | | SECTION 2. Section 2303.1552(b), Occupations Code, is |
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45 | 45 | | amended to read as follows: |
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46 | 46 | | (b) Each odd-numbered year, the commission, not later than |
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47 | 47 | | November 1: |
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48 | 48 | | (1) by rule may adjust the impoundment fee under |
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49 | 49 | | Section 2303.155(b)(2), [and] the storage fees under Section |
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50 | 50 | | 2303.155(b)(3), and the maximum amount of the notification fee |
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51 | 51 | | under Section 2303.155(c) by an amount equal to the amount of the |
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52 | 52 | | applicable impoundment or storage fee or maximum notification fee |
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53 | 53 | | in effect on December 31 of the preceding year multiplied by the |
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54 | 54 | | percentage increase or decrease, if any, in the consumer price |
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55 | 55 | | index during the [preceding] state fiscal biennium ending August 31 |
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56 | 56 | | of the year in which the commission adopts a final rule under this |
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57 | 57 | | section; and |
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58 | 58 | | (2) if a fee or maximum amount is [the fees are] |
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59 | 59 | | adjusted under Subdivision (1), shall publish the adjusted fee or |
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60 | 60 | | maximum amount [fees] on the department's Internet website. |
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61 | 61 | | SECTION 3. Subchapter D, Chapter 2303, Occupations Code, is |
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62 | 62 | | amended by adding Sections 2303.1553 and 2303.1554 to read as |
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63 | 63 | | follows: |
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64 | 64 | | Sec. 2303.1553. ONE-TIME ADJUSTMENT TO CERTAIN FEES: |
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65 | 65 | | TEMPORARY PROVISION. (a) Not later than November 1, 2025, the |
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66 | 66 | | commission shall: |
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67 | 67 | | (1) adjust the impoundment fee under Section |
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68 | 68 | | 2303.155(b)(2), the storage fees under Section 2303.155(b)(3), and |
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69 | 69 | | the maximum amount of the notification fee under Section |
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70 | 70 | | 2303.155(c) by an amount equal to the amount of the applicable fee |
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71 | 71 | | or maximum amount in effect on December 31, 2005, multiplied by the |
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72 | 72 | | percentage increase or decrease, if any, in the consumer price |
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73 | 73 | | index, as defined by Section 2303.1552(a), that occurred during the |
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74 | 74 | | period beginning December 31, 2005, and ending December 31, 2019; |
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75 | 75 | | and |
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76 | 76 | | (2) if a fee or maximum amount is adjusted under |
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77 | 77 | | Subdivision (1), publish the adjusted fee or maximum amount on the |
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78 | 78 | | department's Internet website. |
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79 | 79 | | (b) This section expires September 1, 2027. |
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80 | 80 | | Sec. 2303.1554. ONE-TIME INCREASE TO NOTIFICATION FEE |
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81 | 81 | | MAXIMUM AMOUNT: TEMPORARY PROVISION. (a) Not later than November 1, |
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82 | 82 | | 2025, the commission shall increase the maximum amount of the |
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83 | 83 | | notification fee under Section 2303.155(c) by an amount equal to |
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84 | 84 | | the sum of: |
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85 | 85 | | (1) the maximum amount of the notification fee in |
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86 | 86 | | effect on December 31, 2019, multiplied by the percentage increase |
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87 | 87 | | the commission applied to the impoundment fee under Section |
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88 | 88 | | 2303.155(b)(2) and the storage fees under Section 2303.155(b)(3) in |
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89 | 89 | | the final rule adopted by the commission under Section 2303.1552(b) |
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90 | 90 | | on October 25, 2019, 44 Tex. Reg. 6365 (2019); |
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91 | 91 | | (2) the maximum amount of the notification fee as |
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92 | 92 | | adjusted under Section 2303.1553(a)(1) multiplied by the |
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93 | 93 | | percentage increase the commission applied to the impoundment fee |
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94 | 94 | | under Section 2303.155(b)(2) and the storage fees under Section |
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95 | 95 | | 2303.155(b)(3) in the final rule adopted by the commission under |
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96 | 96 | | Section 2303.1552(b) on October 29, 2021, 46 Tex. Reg. 7399 (2021); |
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97 | 97 | | and |
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98 | 98 | | (3) the maximum amount of the notification fee as |
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99 | 99 | | adjusted under Subdivision (2) multiplied by the percentage |
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100 | 100 | | increase the commission applied to the impoundment fee under |
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101 | 101 | | Section 2303.155(b)(2) and the storage fees under Section |
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102 | 102 | | 2303.155(b)(3) in the final rule adopted by the commission under |
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103 | 103 | | Section 2303.1552(b) on January 5, 2024, 49 Tex. Reg. 38 (2024). |
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104 | 104 | | (b) This section expires September 1, 2027. |
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105 | 105 | | SECTION 4. This Act takes effect September 1, 2025. |
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