Bill Text: TX HB4447 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to impoundment, storage, and notification fees for vehicles stored at vehicle storage facilities; authorizing fee increases and decreases; requiring the adjustment of authorized fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-09 - Referred to Business & Commerce [HB4447 Detail]
Download: Texas-2023-HB4447-Engrossed.html
88R2206 DRS-F | ||
By: Cook | H.B. No. 4447 |
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relating to impoundment, storage, and notification fees for | ||
vehicles stored at vehicle storage facilities; authorizing fee | ||
increases and decreases; requiring the adjustment of authorized | ||
fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 2303.155(b) and (c), Occupations Code, | ||
are amended to read as follows: | ||
(b) The operator of a vehicle storage facility or | ||
governmental vehicle storage facility may charge the owner of a | ||
vehicle stored or parked at the facility: | ||
(1) a notification fee set in a reasonable amount, | ||
subject to Subsection (c), for providing notice under this | ||
subchapter, including notice under Section 2303.154(c); | ||
(2) an impoundment fee of $20, subject to Section | ||
2303.1552, for any action that: | ||
(A) is taken by or at the direction of the owner | ||
or operator of the facility; and | ||
(B) is necessary to preserve, protect, or service | ||
a vehicle stored or parked at the facility; | ||
(3) a daily storage fee, subject to Section 2303.1552, | ||
of: | ||
(A) $20 for each day or part of a day the vehicle | ||
is stored at the facility if the vehicle is not longer than 25 feet; | ||
or | ||
(B) $35 for each day or part of a day the vehicle | ||
is stored at the facility if the vehicle is longer than 25 feet; and | ||
(4) any fee that is required to be submitted to a law | ||
enforcement agency, the agency's authorized agent, or a | ||
governmental entity. | ||
(c) A notification fee under Subsection (b) may not, subject | ||
to Section 2303.1552, exceed $50, except that if notice by | ||
publication is required by this chapter and the cost of publication | ||
exceeds 50 percent of the notification fee, the vehicle storage | ||
facility may recover the additional amount of the cost of | ||
publication from the vehicle owner or agent. | ||
SECTION 2. Section 2303.1552(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) Each odd-numbered year, the commission, not later than | ||
November 1: | ||
(1) by rule may adjust the impoundment fee under | ||
Section 2303.155(b)(2), [ |
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2303.155(b)(3), and the maximum amount of the notification fee | ||
under Section 2303.155(c) by an amount equal to the amount of the | ||
applicable impoundment or storage fee or maximum notification fee | ||
in effect on December 31 of the preceding year multiplied by the | ||
percentage increase or decrease, if any, in the consumer price | ||
index during the [ |
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of the year in which the commission adopts a final rule under this | ||
section; and | ||
(2) if a fee or maximum amount is [ |
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adjusted under Subdivision (1), shall publish the adjusted fee or | ||
maximum amount [ |
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SECTION 3. Subchapter D, Chapter 2303, Occupations Code, is | ||
amended by adding Sections 2303.1553 and 2303.1554 to read as | ||
follows: | ||
Sec. 2303.1553. ONE-TIME ADJUSTMENT TO CERTAIN FEES: | ||
TEMPORARY PROVISION. (a) Not later than November 1, 2023, the | ||
commission shall: | ||
(1) adjust the impoundment fee under Section | ||
2303.155(b)(2), the storage fees under Section 2303.155(b)(3), and | ||
the maximum amount of the notification fee under Section | ||
2303.155(c) by an amount equal to the amount of the applicable fee | ||
or maximum amount in effect on December 31, 2005, multiplied by the | ||
percentage increase or decrease, if any, in the consumer price | ||
index, as defined by Section 2303.1552(a), that occurred during the | ||
period beginning December 31, 2005, and ending December 31, 2019; | ||
and | ||
(2) if a fee or maximum amount is adjusted under | ||
Subdivision (1), publish the adjusted fee or maximum amount on the | ||
department's Internet website. | ||
(b) This section expires September 1, 2025. | ||
Sec. 2303.1554. ONE-TIME INCREASE TO NOTIFICATION FEE | ||
MAXIMUM AMOUNT: TEMPORARY PROVISION. (a) Not later than November 1, | ||
2023, the commission shall increase the maximum amount of the | ||
notification fee under Section 2303.155(c) by an amount equal to | ||
the sum of: | ||
(1) the maximum amount of the notification fee in | ||
effect on December 31, 2019, multiplied by the percentage increase | ||
the commission applied to the impoundment fee under Section | ||
2303.155(b)(2) and the storage fees under Section 2303.155(b)(3) in | ||
the final rule adopted by the commission under Section 2303.1552(b) | ||
on October 25, 2019, 44 Tex. Reg. 6365 (2019); and | ||
(2) the maximum amount of the notification fee as | ||
adjusted under Section 2303.1553(a)(1) multiplied by the | ||
percentage increase the commission applied to the impoundment fee | ||
under Section 2303.155(b)(2) and the storage fees under Section | ||
2303.155(b)(3) in the final rule adopted by the commission under | ||
Section 2303.1552(b) on October 29, 2021, 46 Tex. Reg. 7399 (2021). | ||
(b) This section expires September 1, 2025. | ||
SECTION 4. This Act takes effect September 1, 2023. |