HBA-DMH C.S.H.B. 2243 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2243 By: Bosse Transportation 4/18/2001 Committee Report (Substituted) 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. C.S.H.B. 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 C.S.H.B. 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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2243 differs from the original by removing the provision that increased the rate a vehicle storage facility (facility) operator may charge for each day or part of a day that a vehicle is stored. The substitute removes the provision that authorized 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 was within one hour of notice by the vehicle owner or agent. The substitute restores current law in the definition of "vehicle storage facility." The substitute differs from the original by prohibiting a facility operator from charging more than $32, rather than $30, for notification of an owner. The substitute changes the effective date from the 91st day after adjournment to September 1, 2001.