§ 2303.155 — CHARGES RELATED TO STORAGE.

Texas § 2303.155

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 2303.155. CHARGES RELATED TO STORAGE. (a) For the purposes of this section, "governmental vehicle storage facility" means a garage, parking lot, or other facility that is:
(1) owned by a governmental entity; and
(2) used to store or park at least 10 vehicles each year.
(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 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 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.
(d) For purposes of imposing a daily storage fee, a day is considered to begin at midnight and to end at the next following midnight. A daily storage fee may be charged regardless of whether the vehicle is stored for 24 hours of the day, except that a daily storage fee may not be charged for more than one day if the vehicle remains at the facility for less than 12 hours.
(e) The operator of a vehicle storage facility or governmental vehicle storage facility may charge a daily storage fee under Subsection (b):
(1) for not more than five days before the date notice is mailed or published under this subchapter, if the vehicle is registered in this state;
(2) for not more than five days before the date the request for owner information is sent to the appropriate governmental entity as required by this subchapter, if the vehicle is registered in another state; and
(3) for each day the vehicle is in storage after the date the notice is mailed or published until the vehicle is removed and all accrued charges are paid.
(f) The operator of a vehicle storage facility or governmental vehicle storage facility may not charge an additional fee related to the storage of a vehicle other than a fee authorized by this section or a towing fee authorized by Chapter 2308 .
(g) This section controls over any conflicting municipal ordinance or charter provision.

Legislative History

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 5, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 1034, Sec. 2, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.627(e), eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 737 (H.B. 2630 ), Sec. 11, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1197 (H.B. 480 ), Sec. 2, eff. September 1, 2005. Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094 ), Sec. 1.08, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1046 (H.B. 2094 ), Sec. 3.04, eff. September 1, 2007. Acts 2019, 86th Leg., R.S., Ch. 996 (H.B. 1140 ), Sec. 1, eff. June 14, 2019.