TITLE: Relating to the licensing and regulation of motor vehicle towing, booting, and storage.

SUMMARY: Relating to the licensing and regulation of motor vehicle towing, booting, and storage.

FULL TEXT:
AN ACT relating to the licensing and regulation of motor vehicle towing, booting, and storage. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 2303.159, Occupations Code, is amended by adding Subsection (a-1) to read as follows: (a-1) A vehicle storage facility accepting payment of a fee by credit card may collect an additional processing fee not to exceed two percent of the amount of the fee being paid. SECTION 2. Section 2303.304, Occupations Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows: (a) The commission shall send a warning letter to a person if: (1) the commission reasonably believes that the person has violated this chapter, a rule adopted under this chapter, or a rule or order of the executive director or commission; and (2) the person has not in the 12 months preceding the date of the violation received a warning letter concerning a violation similar in nature to the violation under Subdivision (1). (a-1) The commission may impose an administrative penalty on a person under Subchapter F, Chapter 51, regardless of whether the person holds a registration, permit, or license under this chapter, if:(1) the commission has sent a warning letter to the person under Subsection (a); and (2) the person again violates [: [(1)] this chapter,[or] a rule adopted under this chapter,[;] or [(2)] a rule or order of the executive director or commission in a manner that is similar in nature to the subject of the warning sent under Subsection (a).(a-2) For purposes of this section, violations are similar in nature if the violations consist of the same or a similar course of conduct, action, or practice, regardless of the number of times the conduct, act, or practice determined to be a violation occurred. SECTION 3. Section 2308.257(e), Occupations Code, as added by Chapter 845 (S.B. 2153), Acts of the 81st Legislature, Regular Session, 2009, is amended to read as follows: (e) A booting company shall accept payment by an electronic check, debit card, or credit card for any fee or charge associated with the removal of a boot. A booting company may not collect a fee for any charge associated with the removal of a boot from a person who offers to pay the charge with an electronic check, debit card, or credit card form of payment that the booting company is not equipped to accept. A booting company accepting payment by credit card for any fee or charge associated with the removal of a boot may collect an additional processing fee not to exceed two percent of the amount of the fee or charge being paid. SECTION 4. Subchapter I, Chapter 2308, Occupations Code, is amended by adding Section 2308.408 to read as follows: Sec. 2308.408. PAYMENT OF FEES BY CREDIT CARD; ADDITIONAL FEE AUTHORIZED. A towing company accepting payment by credit card for any fee or charge associated with the removal and storage of a vehicle may collect an additional processing fee not to exceed two percent of the amount of the fee or charge being paid. SECTION 5. Section 2308.451, Occupations Code, is amended by adding Subsection (e) to read as follows: (e) If in a hearing held under this chapter the court finds that the request for the hearing was frivolous, the court shall award the towing company, booting company, vehicle storage facility, or parking facility owner who prevails reasonable attorney's fees and court costs. SECTION 6. Section 2308.501, Occupations Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows: (a) The commission shall send a warning letter to a person if: (1) the commission reasonably believes that the person has violated this chapter, a rule adopted under this chapter, or a rule or order of the executive director or commission; and (2) the person has not in the 12 months preceding the date of the violation received a warning letter concerning a violation similar in nature to the violation under Subdivision (1). (a-1) The commission may impose an administrative penalty on a person under Subchapter F, Chapter 51, regardless of whether the person holds a registration, permit, or license under this chapter, if:(1) the commission has sent a warning letter to the person under Subsection (a); and (2) the person again violates [: [(1)] this chapter,[or] a rule adopted under this chapter,[;] or [(2)] a rule or order of the executive director or commission in a manner that is similar in nature to the subject of the warning sent under Subsection (a).(a-2) For purposes of this section, violations are similar in nature if the violations consist of the same or a similar course of conduct, action, or practice, regardless of the number of times the conduct, act, or practice determined to be a violation occurred. SECTION 7. The changes in law made by this Act apply only to the assessment or imposition of an administrative penalty under Sections 2303.304 and 2308.501, Occupations Code, for a violation that occurs on or after the effective date of this Act. The assessment or imposition of an administrative penalty under Sections 2303.304 and 2308.501, Occupations Code, for a violation that occurs before the effective date of this Act is governed by the law in effect on the date the violation occurred, and that law is continued in effect for that purpose. SECTION 8. This Act takes effect September 1, 2011.