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


Office of House Bill AnalysisH.B. 2243
By: Bosse
Transportation
3/29/2001
Introduced



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 the provisions for 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 nuisance motor 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 may 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
reasonable fees for the second notice the facility is required to send to
the registered owner and the primary lien holder.  If publication is
required for the second notice, the bill provides that the publication must
contain certain information along with a statement that failure of the
owner or lien holder to claim the vehicle before the date of the sell shall
waive all right, title and interest in the vehicle and consent to the sale
of the vehicle at a public sale. The bill prohibits a facility that holds
an abandoned nuisance vehicle from being required to send or publish a
second notice on the vehicle and requires the facility to be entitled to
disposal of the vehicle 30 days from 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 procedures for
abatement and removal of an abandoned motor vehicle have been met.  The
bill requires the facility to submit a $10 fee to TxDOT or authorizes the
facility to notify law enforcement who may sign a document issued by TxDOT
and accept the $10 fee in lieu of TxDOT (Sec. 13). 

The bill increases from not more than $25 to not more than $30 the amount a
facility operator may charge an owner for a notification, and authorizes a
facility to recoup certain publication costs from the vehicle owner or
agent.  The bill increases the rates a facility operator may charge for
each day or part of a day a vehicle is stored from $5 to $15 to $10 to $25,
and requires a facility operator to charge $30 per day for a vehicle over
the length of 25 feet.  The bill authorizes an operator to charge a one
time fee of $10 to release a vehicle from the hours of 9 p.m. until 7 a.m.,
if the release is within one hour of notice by the vehicle owner or agent.
The bill authorizes any fee that is required to be submitted to a police
agency or its authorized agent or government entity to be collected by the
operator of a facility or the owner's authorized agent (Sec. 14). 

The bill includes as an owner of a vehicle a lien holder who presents an
affidavit of repossession and has the right to repossess (Sec. 2). 

 EFFECTIVE DATE

91st day after adjournment.