Bill Text: TX HB2468 | 2011-2012 | 82nd Legislature | Enrolled

Texas House Bill 2468 (Prior Session Legislation)

Bill Title: Relating to providing a patron of a pay-to-park or valet parking service with certain information; providing a civil penalty.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2011-05-28 - Effective on 9/1/11 [HB2468 Detail]

Download: Texas-2011-HB2468-Enrolled.html



	H.B. No. 2468




	AN ACT
	relating to providing a patron of a pay-to-park or valet parking
	service with certain information; providing a civil penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
	amended by adding Chapter 106 to read as follows:
	CHAPTER 106. PAY-TO-PARK AND VALET PARKING SERVICES
	Sec. 106.001. DEFINITIONS. In this chapter:
	(1) "Pay-to-park service" means a business that
	provides a place to park the motor vehicles of patrons of a public
	accommodation in a garage, lot, or other facility for a fee.
	(2) "Public accommodation" means any:
	(A) inn, hotel, or motel;
	(B) restaurant, cafeteria, or other facility
	principally engaged in selling food for consumption on the
	premises;
	(C) bar, nightclub, or other facility engaged in
	selling alcoholic beverages for consumption on the premises;
	(D) motion picture house, theater, concert hall,
	stadium, or other place of exhibition or entertainment; or
	(E) other facility used by or open to members of
	the public.
	(3) "Valet parking service" means a parking service
	through which the motor vehicles of patrons of a public
	accommodation are parked for a fee by a third party who is not an
	employee of the public accommodation.
	Sec. 106.002. APPLICABILITY OF CHAPTER. This chapter does
	not apply to a pay-to-park or valet parking service:
	(1) operated by the owner of:
	(A) a restaurant, cafeteria, or other facility
	principally engaged in selling food for consumption on the
	premises; or
	(B) an inn, hotel, or motel; and
	(2) provided exclusively to patrons of the public
	accommodation described by Subdivision (1).
	Sec. 106.003. REQUIREMENT OF CONTACT INFORMATION. (a) The
	receipt or claim ticket that an operator of a pay-to-park or valet
	parking service provides to a patron must state the name, address,
	and telephone number of the owner of the pay-to-park or valet
	parking service.
	(b) If a pay-to-park service does not provide a patron with
	a receipt or claim ticket, the operator shall prominently display
	the name, address, and telephone number of the owner of the
	pay-to-park service on a sign on or immediately adjacent to the
	payment receptacle or other device for making payment for the
	service.
	(c) For purposes of this section, "owner" does not include
	the owner of the property on which the pay-to-park or valet parking
	service is provided unless the service is also owned by the owner of
	the property.
	Sec. 106.004. CIVIL PENALTY. A pay-to-park or valet
	parking service that violates this chapter is subject to a civil
	penalty not to exceed $200 for each violation.
	Sec. 106.005. SUIT FOR CIVIL PENALTY. The attorney general
	or a county or district attorney may bring an action to recover a
	civil penalty imposed under Section 106.004.
	SECTION 2. This Act takes effect September 1, 2011.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 2468 was passed by the House on April
	20, 2011, by the following vote: Yeas 143, Nays 2, 2 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 2468 was passed by the Senate on May
	13, 2011, by the following vote: Yeas 31, Nays 0
	.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor