Texas 2025 - 89th Regular

Texas House Bill HB2983 Compare Versions

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11 89R1129 CS-F
22 By: Cook H.B. No. 2983
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to impoundment, storage, and notification fees for
1010 vehicles stored at vehicle storage facilities; authorizing fee
1111 increases and decreases; requiring the adjustment of authorized
1212 fees.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Sections 2303.155(b) and (c), Occupations Code,
1515 are amended to read as follows:
1616 (b) The operator of a vehicle storage facility or
1717 governmental vehicle storage facility may charge the owner of a
1818 vehicle stored or parked at the facility:
1919 (1) a notification fee set in a reasonable amount,
2020 subject to Subsection (c), for providing notice under this
2121 subchapter, including notice under Section 2303.154(c);
2222 (2) an impoundment fee of $20, subject to Section
2323 2303.1552, for any action that:
2424 (A) is taken by or at the direction of the owner
2525 or operator of the facility; and
2626 (B) is necessary to preserve, protect, or service
2727 a vehicle stored or parked at the facility;
2828 (3) a daily storage fee, subject to Section 2303.1552,
2929 of:
3030 (A) $20 for each day or part of a day the vehicle
3131 is stored at the facility if the vehicle is not longer than 25 feet;
3232 or
3333 (B) $35 for each day or part of a day the vehicle
3434 is stored at the facility if the vehicle is longer than 25 feet; and
3535 (4) any fee that is required to be submitted to a law
3636 enforcement agency, the agency's authorized agent, or a
3737 governmental entity.
3838 (c) A notification fee under Subsection (b) may not, subject
3939 to Section 2303.1552, exceed $50, except that if notice by
4040 publication is required by this chapter and the cost of publication
4141 exceeds 50 percent of the notification fee, the vehicle storage
4242 facility may recover the additional amount of the cost of
4343 publication from the vehicle owner or agent.
4444 SECTION 2. Section 2303.1552(b), Occupations Code, is
4545 amended to read as follows:
4646 (b) Each odd-numbered year, the commission, not later than
4747 November 1:
4848 (1) by rule may adjust the impoundment fee under
4949 Section 2303.155(b)(2), [and] the storage fees under Section
5050 2303.155(b)(3), and the maximum amount of the notification fee
5151 under Section 2303.155(c) by an amount equal to the amount of the
5252 applicable impoundment or storage fee or maximum notification fee
5353 in effect on December 31 of the preceding year multiplied by the
5454 percentage increase or decrease, if any, in the consumer price
5555 index during the [preceding] state fiscal biennium ending August 31
5656 of the year in which the commission adopts a final rule under this
5757 section; and
5858 (2) if a fee or maximum amount is [the fees are]
5959 adjusted under Subdivision (1), shall publish the adjusted fee or
6060 maximum amount [fees] on the department's Internet website.
6161 SECTION 3. Subchapter D, Chapter 2303, Occupations Code, is
6262 amended by adding Sections 2303.1553 and 2303.1554 to read as
6363 follows:
6464 Sec. 2303.1553. ONE-TIME ADJUSTMENT TO CERTAIN FEES:
6565 TEMPORARY PROVISION. (a) Not later than November 1, 2025, the
6666 commission shall:
6767 (1) adjust the impoundment fee under Section
6868 2303.155(b)(2), the storage fees under Section 2303.155(b)(3), and
6969 the maximum amount of the notification fee under Section
7070 2303.155(c) by an amount equal to the amount of the applicable fee
7171 or maximum amount in effect on December 31, 2005, multiplied by the
7272 percentage increase or decrease, if any, in the consumer price
7373 index, as defined by Section 2303.1552(a), that occurred during the
7474 period beginning December 31, 2005, and ending December 31, 2019;
7575 and
7676 (2) if a fee or maximum amount is adjusted under
7777 Subdivision (1), publish the adjusted fee or maximum amount on the
7878 department's Internet website.
7979 (b) This section expires September 1, 2027.
8080 Sec. 2303.1554. ONE-TIME INCREASE TO NOTIFICATION FEE
8181 MAXIMUM AMOUNT: TEMPORARY PROVISION. (a) Not later than November 1,
8282 2025, the commission shall increase the maximum amount of the
8383 notification fee under Section 2303.155(c) by an amount equal to
8484 the sum of:
8585 (1) the maximum amount of the notification fee in
8686 effect on December 31, 2019, multiplied by the percentage increase
8787 the commission applied to the impoundment fee under Section
8888 2303.155(b)(2) and the storage fees under Section 2303.155(b)(3) in
8989 the final rule adopted by the commission under Section 2303.1552(b)
9090 on October 25, 2019, 44 Tex. Reg. 6365 (2019);
9191 (2) the maximum amount of the notification fee as
9292 adjusted under Section 2303.1553(a)(1) multiplied by the
9393 percentage increase the commission applied to the impoundment fee
9494 under Section 2303.155(b)(2) and the storage fees under Section
9595 2303.155(b)(3) in the final rule adopted by the commission under
9696 Section 2303.1552(b) on October 29, 2021, 46 Tex. Reg. 7399 (2021);
9797 and
9898 (3) the maximum amount of the notification fee as
9999 adjusted under Subdivision (2) multiplied by the percentage
100100 increase the commission applied to the impoundment fee under
101101 Section 2303.155(b)(2) and the storage fees under Section
102102 2303.155(b)(3) in the final rule adopted by the commission under
103103 Section 2303.1552(b) on January 5, 2024, 49 Tex. Reg. 38 (2024).
104104 (b) This section expires September 1, 2027.
105105 SECTION 4. This Act takes effect September 1, 2025.