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Chapter 85. Vehicle Storage Facilities
Proposal Filed: September 9, 2013 – Published in the Texas Register: September 20, 2013
Deadline for Public Comment: October 21, 2013
Underlined text is new language.
Strike-thru text ] is deleted language.
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), §§ 85.703, 85.704, and 85.710, and proposes a new rule §85.726 regarding the vehicle storage facilities program.
These rules are necessary to implement House Bill 338 (HB 338), 83rd Legislature, Regular Session (2013) and recommendations from the Towing, Storage, and Booting Advisory Board to clarify certain provisions.
The proposed amendment to §85.703 clarifies, without imposing additional expense, the type of mail that may be used to provide notices from the licensees to vehicle owners. This proposed amendment also requires licensees to provide the vehicle owner or representative with the Department’s internet address.
The proposed amendment to §85.704 corrects the cross reference to existing statutory requirements related to the content of signage that a storage facility must display.
The proposed amendment to §85.710 implements HB 338 which provides that towing hearings may be held in any justice court in the county in which a vehicle is towed. The proposed amendment also requires the storage facility provide the address for the justice courts or the link to Office of Court Administration of the Texas Judicial System.
Proposed new §85.726 provides a standard of conduct that licensees must conduct regulated activities with honesty, trustworthiness and integrity.
William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments and new rule are in effect there will be no direct cost to state or local government as a result of enforcing or administering the proposed rules.
Mr. Kuntz has determined that for each year of the first five-year period the proposed amendments and new rule are in effect, the public benefit from clarity in what is required by the law of a regulated vehicle storage facility and employees.
There will be no adverse economic effect on small or micro-businesses or to persons who are required to comply with the rules as proposed. Since the agency has determined that the proposed amendments and new rules will have no adverse economic effect on small or micro-businesses preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.
Comments on the proposal may be submitted by mail to Caroline Jackson, Legal Assistant Team Lead, General Counsel’s Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or by facsimile to 512/475-3032, or electronically to email@example.com. The deadline for comments is 30 days after publication in the Texas Register.
The proposed amendments and new rule are proposed under Texas Occupations Code, Chapters 51 and 2303, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51 and 2303. No other statutes, articles, or codes are affected by the proposal.
§85.703. Responsibilities of Licensee--Notice to Vehicle Owner or Lienholder.
(a) (No change.)
(b) Notification to owners of registered vehicles. Registered owners of towed vehicles shall be notified in the following manner.
(1) Vehicles registered in
Texas. After accepting for storage a vehicle registered in Texas, the VSF
shall notify the vehicle's current registered owner and primary lien holder by
certified mail, return receipt requested, registered, or electronic
certified mail [
, electronic certified, or registered mail ] within
five days, but in no event sooner than within 24 hours of receipt of the
(2) (No change.)
(c)-(g) (No change.)
(h) Form of notifications. All mailed notifications must be correctly addressed; mailed with sufficient postage; and sent by certified mail, return receipt requested, registered, or electronic certified mail.
(1) (No change.)
(2) All published notifications shall state:
(A) the full name, street address, internet address, telephone number, and VSF license number of the VSF;
(B)-(C) (No change.)
(3) (No change.)
(i) (No change.)
§85.704. Responsibilities of Licensee--Second Notice; Consent to Sale
(a)-(b) (No change.)
(c) Notice under this section must include:
(1) the information listed in §85.703(h)(1)(A)-(H) [
(2)-(3) (No change.)
(d)-(e ) (No change.
§85.710. Release of Vehicles.
(a) Release of vehicles. The VSF must comply with the following requirements when releasing vehicles.
(1) The VSF shall comply with all provisions of Texas Occupations Code, Chapter 2308, Subchapter J, relating to the rights of the owner of a stored vehicle, including providing the name, address, and telephone number of:
(A) each justice court in the county from which the vehicle was towed or, for booted vehicles, the county in which the parking facility is located, or the address of an Internet website maintained by the Office of Court Administration of the Texas Judicial System that contains the name, address, and telephone number of each justice court in that county; and
(A) the justice court that
has jurisdiction in the precinct in which the vehicle is towed; and]
(B) (No change.)
(2)-(7) (No change.)
(b)-(c) (No change.)
§85.726. Responsibilities of Licensee--Honesty, Trustworthiness, and Integrity.
A person licensed under this chapter must conduct vehicle storage facility operations with honesty, trustworthiness and integrity.
This agency certifies that the proposal has been reviewed by legal counsel and found to be a valid exercise of the agency’s legal authority.
Filed with the Office of the Secretary of State, on September 9, 2013.
William H. Kuntz, Jr.
Texas Department of Licensing and Regulation