HBA-DMH H.B. 2243 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2243
By: Bosse
Transportation
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

The Vehicle Storage Facility Act (Act) was enacted by the 69th Legislature
to provide for the regulation of storage facilities, vehicle storage
procedures, and fees.  Various modifications to provisions regarding notice
requirements, storage, disposal and notification fees, and the handling of
abandoned nuisance vehicles under the Act could facilitate the operations
of licensed vehicle storage facilities.  House Bill 2243 establishes
provisions for the disposal of abandoned nuisance vehicles by vehicle
storage facilities and modifies fee and notification requirements.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.  

ANALYSIS

House Bill 2243 amends the Vehicle Storage Facility Act to specify the
contents of a notice by publication that is required to be used by a
vehicle storage facility (facility) to notify a vehicle owner that the
facility is storing a vehicle. The bill authorizes the operator of a
facility to charge a reasonable fee for the second notice the facility is
required to send to the registered owner and the primary lienholder. If
publication is required for the second notice, the bill provides that the
published notice must contain certain information and a statement that
failure of the owner or lienholder to claim the vehicle before the date of
sale is a waiver of all right, title, and interest in the vehicle and is
consent to the sale of the vehicle at a public sale. The bill provides that
a facility that holds an abandoned nuisance vehicle is not required to send
or publish a second notice and is entitled to dispose of the vehicle on the
30th day after the date the first letter is mailed or notice is published.
The bill authorizes the facility to notify the Texas Department of
Transportation (TxDOT) that the notice requirements for abatement and
removal of an abandoned motor vehicle have been met. The bill requires the
facility to pay a $10 fee to TxDOT or authorizes the facility to notify and
pay the $10 fee to the appropriate law enforcement agency who may sign a
document issued by TxDOT. 

The bill increases from not more than $25 to not more than $32 the amount a
facility operator may charge an owner for a notification and authorizes a
facility to recover certain publication costs from the vehicle owner or
agent. The bill requires a facility operator to charge $30 per day for each
day or part of a day for storage of a vehicle that is longer than 25 feet.
The bill authorizes any fee that is required to be submitted to a law
enforcement agency, its authorized agent, or a governmental entity to be
collected by the operator of a facility. 
The bill authorizes the operator of a facility to dispose of an abandoned
nuisance vehicle for which second notice has been sent if the facility
submits an application to TxDOT for disposal of the vehicle before the 30th
day after the date the second notice is sent.   

The bill includes as an owner of a vehicle a lienholder who holds an
affidavit of repossession and has the right to repossess the vehicle.  
 EFFECTIVE DATE

September 1, 2001.