88R2206 DRS-F     By: Cook H.B. No. 4447       A BILL TO BE ENTITLED   AN ACT   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), [and] 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 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 [preceding] state fiscal biennium ending August 31   of the year in which the commission adopts a final rule under this   section; and                (2)  if a fee or maximum amount is [the fees are]   adjusted under Subdivision (1), shall publish the adjusted fee or   maximum amount [fees] on the department's Internet website.          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.