Texas 2025 - 89th Regular

Texas Senate Bill SB2668 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R10903 AND-F
2	2	By: Hinojosa of Hidalgo S.B. No. 2668
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to regulation of vehicle storage facilities and the
10	10	approval and regulation by the Texas Department of Motor Vehicles
11	11	of Internet websites for the public sale of certain abandoned
12	12	vehicles by vehicle storage facility operators.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 2303.151, Occupations Code, is amended
15	15	by adding Subsection (h) to read as follows:
16	16	(h) Proof of delivery of notice provided under this section
17	17	must be evidenced by:
18	18	(1) a United States Postal Service electronic
19	19	certified mail receipt, United States Postal Service dated domestic
20	20	return receipt, or United States Postal Service firm mailing book
21	21	for accountable mail; and
22	22	(2) if applicable, any unopened certified letter
23	23	returned as:
24	24	(A) undeliverable;
25	25	(B) unclaimed;
26	26	(C) refused; or
27	27	(D) without a forwarding address.
28	28	SECTION 2. Section 2303.154(a), Occupations Code, is
29	29	amended to read as follows:
30	30	(a) If a vehicle is not claimed by a person permitted to
31	31	claim the vehicle before the 10th day after the date notice is
32	32	mailed or published under Section 2303.151 or 2303.152, the
33	33	operator of the vehicle storage facility shall consider the vehicle
34	34	to be abandoned and[, if required by the law enforcement agency with
35	35	jurisdiction where the vehicle is located,] report the abandonment
36	36	to the appropriate law enforcement agency with jurisdiction. If
37	37	the law enforcement agency notifies the vehicle storage facility
38	38	that the agency will send notices and dispose of the abandoned
39	39	vehicle under Subchapter B, Chapter 683, Transportation Code, the
40	40	vehicle storage facility shall pay the fee required under Section
41	41	683.031, Transportation Code.
42	42	SECTION 3. Section 2303.157(b), Occupations Code, is
43	43	amended to read as follows:
44	44	(b) An operator entitled to dispose of a vehicle under this
45	45	section shall [may] sell the vehicle at a public sale through an
46	46	Internet website approved by the Texas Department of Motor Vehicles
47	47	under Section 2303.1575. The operator is not required to obtain
48	48	[without obtaining] a release or discharge of any lien on the
49	49	vehicle, regardless of whether notice was provided by mail or by
50	50	publication under this chapter. The proceeds from the sale of the
51	51	vehicle shall be applied to the charges incurred for the vehicle
52	52	under Section 2303.155. The operator shall pay any excess proceeds
53	53	to the person entitled to those proceeds.
54	54	SECTION 4. Subchapter D, Chapter 2303, Occupations Code, is
55	55	amended by adding Section 2303.1575 to read as follows:
56	56	Sec. 2303.1575. INTERNET WEBSITE FOR PUBLIC SALE OF
57	57	ABANDONED VEHICLE; REQUIREMENTS FOR SALE. (a) The Texas
58	58	Department of Motor Vehicles shall approve one or more persons to
59	59	operate an Internet website to conduct the public sale of abandoned
60	60	vehicles under Section 2303.157.
61	61	(b) The board of the Texas Department of Motor Vehicles
62	62	shall adopt rules to implement this section, including rules:
63	63	(1) prescribing the manner and form of an application
64	64	for approval under Subsection (a);
65	65	(2) establishing eligibility requirements for
66	66	approval under Subsection (a);
67	67	(3) regulating the operation of an Internet website
68	68	approved under Subsection (a); and
69	69	(4) authorizing the revocation of a person's approval
70	70	under Subsection (a) as necessary to enforce a violation of this
71	71	section or a rule adopted under this section.
72	72	(c) A vehicle storage facility operator entitled to dispose
73	73	of a vehicle under Section 2303.157 shall submit the vehicle for
74	74	sale to an Internet website approved by the Texas Department of
75	75	Motor Vehicles under Subsection (a) in accordance with this section
76	76	and rules adopted under Subsection (b). The vehicle storage
77	77	facility operator shall provide to the Internet website photographs
78	78	with a full view of the vehicle's front, rear, driver's side, and
79	79	passenger's side.
80	80	(d) A vehicle storage facility operator may not submit a
81	81	vehicle for sale under Subsection (c) that is a salvage motor
82	82	vehicle because of damage caused exclusively by flooding unless the
83	83	facility has disclosed the damage to the Internet website and the
84	84	Texas Department of Motor Vehicles and the vehicle title bears any
85	85	notation required by Section 501.09112(d), Transportation Code. A
86	86	vehicle storage facility operator who submits a vehicle for sale
87	87	under Subsection (c) in violation of this subsection is liable to
88	88	the purchaser of the vehicle for three times the cost to repair the
89	89	undisclosed damage and any attorney's fees.
90	90	(e) A finding that a vehicle storage facility operator has
91	91	violated Subsection (d) more than once is grounds for the
92	92	commission to revoke the operator's license as provided by Section
93	93	51.353.
94	94	SECTION 5. Section 152.002(b), Tax Code, is amended to read
95	95	as follows:
96	96	(b) "Total consideration" does not include:
97	97	(1) a cash discount;
98	98	(2) a full cash or credit refund to a customer of the
99	99	sales price of a motor vehicle returned to the seller;
100	100	(3) the amount charged for labor or service rendered
101	101	in installing, applying, remodeling, or repairing the motor vehicle
102	102	sold;
103	103	(4) a financing, carrying, or service charge or
104	104	interest on credit extended on a motor vehicle sold under a
105	105	conditional sale or other deferred payment contract;
106	106	(5) the value of a motor vehicle taken by a seller as
107	107	all or a part of the consideration for sale of another motor
108	108	vehicle, including any cash payment to the buyer under Section
109	109	348.404 or 353.402, Finance Code;
110	110	(6) a charge for transportation of the motor vehicle
111	111	after a sale;
112	112	(7) motor vehicle inventory tax; [or]
113	113	(8) an amount made available to the customer under
114	114	Subchapter G, Chapter 382, Health and Safety Code; or
115	115	(9) storage fees for a motor vehicle sold under
116	116	Section 2303.157, Occupations Code, or Subchapter B, Chapter 683,
117	117	Transportation Code.
118	118	SECTION 6. The following provisions of the Occupations Code
119	119	are repealed:
120	120	(1) Section 2303.151(g); and
121	121	(2) Section 2303.154(f).
122	122	SECTION 7. As soon as practicable after the effective date
123	123	of this Act, the board of the Texas Department of Motor Vehicles
124	124	shall adopt the rules required under Section 2303.1575, Occupations
125	125	Code, as added by this Act.
126	126	SECTION 8. The changes in law made by this Act to Chapter
127	127	2303, Occupations Code, apply only to a vehicle received in storage
128	128	on or after the effective date of this Act. A vehicle received in
129	129	storage before the effective date of this Act is governed by the law
130	130	in effect on the date the vehicle was received in storage, and the
131	131	former law is continued in effect for that purpose.
132	132	SECTION 9. The change in law made by this Act to Section
133	133	152.002(b), Tax Code, does not affect tax liability accruing before
134	134	the effective date of this Act. That liability continues in effect
135	135	as if this Act had not been enacted, and the former law is continued
136	136	in effect for the collection of taxes due and for civil and criminal
137	137	enforcement of the liability for those taxes.
138	138	SECTION 10. This Act takes effect September 1, 2025.