reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter M - CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION › Section 84.500 - Courses of Instruction for Driver Education Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) The educational
				  objectives of driver training courses must include, but not be limited to,
				  promoting respect for and encouraging observance of traffic laws and traffic
				  safety responsibilities of driver education and citizens; instruction on law
				  enforcement procedures for traffic stops in accordance with provisions of the
				  Community Safety Education Act (Senate Bill 30, 85th Regular Legislature
				  (2017)); reducing traffic violations; reducing traffic-related injuries,
				  deaths, and economic losses; the proper use of child passenger safety seat
				  systems; and motivating development of traffic-related competencies through
				  education, including, but not limited to, Texas traffic laws, risk management,
				  driver attitudes, courtesy skills, and evasive driving techniques.
(b) This subsection contains requirements for
				  driver education courses. All course content and instructional material must
				  include current statistical data, references to law, driving procedures, and
				  traffic safety methodology. For each course, curriculum documents and materials
				  may be requested as part of the application for approval. For courses offered
				  in a language other than English, the course materials must be accompanied by a
				  written declaration affirming that the translation of the course materials is
				  true and correct in the proposed language presented. Such course materials are
				  subject to the approval of the department prior to its use by a driver
				  education provider.
(1) Minor and adult
				  driver education course.
(A) The driver
				  education classroom phase for students age 14 and over must consist of:
(i) a minimum of 32 hours of classroom
				  instruction. The in-car phase must consist of seven hours of behind-the-wheel
				  instruction and seven hours of in-car observation in the presence of a person
				  who holds a driver education instructor license; and
(ii) 30 hours of behind-the-wheel
				  instruction, including at least 10 hours of nighttime instruction, in the
				  presence of an adult who meets the requirements of Texas Transportation Code,
				  §
													521.222(d)(2).
				  The 30 hours of instruction must be endorsed by a parent or legal guardian if
				  the student is a minor. Simulation hours must not be substituted for these 30
				  hours of instruction. Driver education training endorsed by the parent is
				  limited to one hour per day.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter M - CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION › Section 84.501 - Driver Education Course Alternative Method of Instruction

Current through Reg. 49, No. 28; July 12, 2024
(a) Approval
				  process. The department may approve an alternative method whereby a driver
				  education provider is approved to teach all or part of the classroom portion of
				  a driver education course by an alternative method of instruction (AMI) that
				  does not require students to be physically present in a classroom that meets
				  the following requirements.
(1) Standards for
				  approval. The department may approve a driver education provider to teach all
				  or part of the classroom portion of a driver education course by an AMI that
				  does not require students to be present in a classroom only if:
(A) the AMI includes testing and security
				  measures that the department determines are at least as secure as the measures
				  available in the usual classroom setting;
(B) the course satisfies any other
				  requirement applicable to a course in which the classroom portion is taught to
				  students in the usual classroom setting;
(C) a student and instructor are in different
				  locations for a majority of the student's instructional period;
(D) the AMI instructional activities are
				  integral to the academic program; and
(E) extensive communication between a student
				  and instructor and among students is emphasized.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter M - CURRICULUM AND ALTERNATIVE METHODS OF INSTRUCTION › Section 84.504 - Driving Safety Course Alternative Delivery Method

Current through Reg. 49, No. 28; July 12, 2024
(a) Approval
				  process. The department may approve an application for an alternative delivery
				  method (ADM) submitted by a driving safety provider that delivers an approved
				  driving safety course and meets the following requirements.
(1) Standards for approval. The department
				  may approve an ADM employed by a driving safety provider for an approved
				  driving safety course and waive any rules to accomplish this approval if the
				  ADM delivers an approved course in a manner that is at least as secure as a
				  traditional classroom. ADMs that meet the requirements outlined in subsections
				  (b) - (h), shall receive ADM approval.
(2) Application. The driving safety provider
				  must submit a completed ADM application along with the appropriate fee. The
				  application for ADM approval must be treated the same as an application for the
				  approval of a new course and the ADM must deliver the driving safety provider's
				  approved curriculum as delineated in the course content guide required by
				  §84.502 (relating to Driving Safety Courses of Instruction), and the
				  COI-Driving Safety.
(3) Incomplete
				  applications. An application that is incomplete may be returned to the
				  applicant along with the application fee.
(4) Provider license required. A person or
				  entity offering a driving safety course to Texas students by an alternative
				  delivery method must hold a driving safety provider license. The driving safety
				  provider is responsible for the operation of the ADM.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter N - PROGRAM INSTRUCTION FOR PUBLIC SCHOOLS, EDUCATION SERVICE CENTERS, AND COLLEGES OR UNIVERSITIES COURSE REQUIREMENTS › Section 84.600 - Program of Organized Instruction

Current through Reg. 49, No. 28; July 12, 2024
(a) To be approved
				  under this subchapter, a driver education plan must include one or more of the
				  following course programs.
(1) Core program.
				  This program must consist of at least 32 hours of classroom instruction; seven
				  hours of behind-the-wheel instruction in the presence of a certified
				  instructor; seven hours of in-car observation in the presence of a certified
				  instructor; and 30 hours of behind-the-wheel instruction, including at least 10
				  hours of instruction that takes place at night, verified by a parent or
				  guardian in the presence of an adult who meets the requirements of Texas
				  Transportation Code, §
											521.222(d)(2).
(2) In-car only program. This program must
				  consist of at least seven hours of behind-the-wheel instruction in the presence
				  of a certified instructor; seven hours of in-car observation in the presence of
				  a certified instructor; and 30 hours of behind-the-wheel instruction, including
				  at least 10 hours of instruction that takes place at night, verified by a
				  parent or guardian in the presence of an adult who meets the requirements of
				  Texas Transportation Code, §
											521.222(d)(2).
(3) Classroom only program. This program must
				  consist of at least 32 hours of classroom instruction.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 84 - DRIVER EDUCATION AND SAFETY › Subchapter N - PROGRAM INSTRUCTION FOR PUBLIC SCHOOLS, EDUCATION SERVICE CENTERS, AND COLLEGES OR UNIVERSITIES COURSE REQUIREMENTS › Section 84.601 - Additional Procedures for Student Certification and Transfers

Current through Reg. 49, No. 28; July 12, 2024
(a) Unused DE-964s
				  must not be transferred to another school without written approval by the
				  department.
(b) The DE-964 document
				  is a government record as defined under Texas Penal Code, §
										37.01(2).
				  Any misrepresentation by the applicant or person issuing the form as to the
				  prerequisite set forth may result in suspension or revocation of instructor
				  credentials or program approval and/or criminal prosecution.
(c) The superintendent, college or university
				  chief school official, ESC director, or their designee may request to receive
				  serially numbered DE-964 certificates for exempt schools by submitting a
				  completed order on the form provided by the department stating the number of
				  certificates to be purchased and including payment of all appropriate fees. The
				  department will accept purchase requisitions from school districts.
(d) All DE-964 certificates and records of
				  certificates must be provided to the department or DPS upon request. The
				  superintendent, college or university chief school official, ESC director, or
				  their designee must maintain the school copies of the certificates. The chief
				  school official, ESC or DPS director, or their designee must return unissued
				  DE-964 certificates to the department within 30 days from the date the school
				  discontinues the driver education program, unless otherwise notified.
(e) The public school may accept any part of
				  the driver education instruction received by a student in another state;
				  however, the student must complete all the course requirements for a Texas
				  driver education program. Driver education instruction completed in another
				  state must be certified in writing by the chief official or course instructor
				  of the school where the instruction was given and include the hours and minutes
				  of instruction and a complete description of each lesson provided. The
				  certification document must be attached to the student's individual record at
				  the Texas school and be maintained with the record for seven years.
(f) Students who are licensed in another
				  state and have completed that state's driver education program should contact
				  the DPS for information on the licensing reciprocal agreement between that
				  state and Texas.
(g) All records of
				  instruction must be included as part of the student's final history when it is
				  necessary to compile multiple records to verify that a student successfully
				  completed a driver education course.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Abandoned nuisance
				vehicle--A motor vehicle that is at least 10 years old and is of a condition
				only to be demolished, wrecked, or dismantled.
(2) Act--The Vehicle Storage Facility Act,
				Texas Occupations Code, Chapter 2303.
(3) Affidavit of Right of Possession--A form
				prescribed by the department and provided by the licensee for use by an
				immediate family member certifying right of possession to a vehicle stored at a
				vehicle storage facility.
(4)
				Commission--The Texas Commission of Licensing and Regulation.
(5) Day--Twenty-four continuous
				hours.
(6) Department--The Texas
				Department of Licensing and Regulation.
(7) Executive director--The executive
				director of the department.
(8)
				Fence--An enclosure of wood, chain link, metal, concrete, or masonry, placed
				around an area used to store vehicles and designed to prevent intrusion and
				escape.
(9) Immediate family--A
				vehicle owner's parents, spouse, children, brothers, and sisters.
(10) Impoundment--The following actions when
				performed on a stored vehicle:
(A) using
				materials such as plastic or canvas tarpaulins to ensure the preservation of a
				stored vehicle if doors, windows, convertible tops, hatchbacks, sunroofs,
				trunks, or hoods are broken or inoperative;
(B) conducting a written inventory of any
				unsecured personal property contained in a stored vehicle;
(C) removing and storing all unsecured
				personal property that is contained in a stored vehicle and for which
				safekeeping is necessary; or
(D)
				obtaining motor vehicle registration information for a specific vehicle from
				the Texas Department of Transportation, Vehicle Titles and Registration
				Division, or an equivalent out-of-state agency.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.20 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) These rules do not apply to a vehicle
				parked or stored at a VSF with the consent of the vehicle's owner.
(b) These rules do not apply to VSFs operated
				by persons licensed under Texas Occupations Code, Chapter 2301.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.200 - License Required - Vehicle Storage Facility

Current through Reg. 49, No. 28; July 12, 2024
A person may not operate a VSF unless the person holds a VSF
				  license issued by the department. For purposes of this section, each VSF
				  physical location or lot is a separate facility and must obtain a VSF
				  license.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.201 - License Requirements - Vehicle Storage Facility License

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for a VSF license, an applicant must:
(1) submit a completed application on a
				department approved form;
(2) pay
				the fee required under §85.800;
(3) provide proof of insurance required under
				§85.400;
(4) successfully pass
				a criminal background check;
(5)
				provide the name, and address of each partner if the applicant is a
				partnership;
(6) provide the name,
				and address of each corporate officer, including the president, secretary, and
				treasurer, if the applicant is a corporation;
(7) provide the name, and address of each
				owner of the VSF and the percentage of ownership interest each holds in the
				facility;
(8) provide the name, and
				address of the operator or manager of the VSF if it is not operated or managed
				by one of the owners;
(9) provide
				the facility's physical address, mailing address, and telephone
				number;
(10) state the VSF's
				storage capacity; and
(11) include
				a statement indicating whether the facility has an all weather surface, signs
				posted in the proper locations, and lighting, as required by these rules;
				and
(12) adopt the model drug
				testing policy provided in these rules or file an alternate drug testing policy
				for approval under these rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.202 - License Approval - Vehicle Storage Facility

Current through Reg. 49, No. 28; July 12, 2024
The department may deny a VSF license application if the
				  applicant:
(1) knowingly supplied
				false or incomplete information on the application;
(2) in the three years preceding the date of
				application, the applicant, a partner, principal, or officer of the applicant,
				or the general manager of the applicant, was convicted of:
(A) a felony; or
(B) a misdemeanor punishable by confinement
				in jail or by a fine exceeding $500; or
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.203 - License Requirements - Vehicle Storage Facility License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) To renew VSF license, an applicant must:
(1) submit a completed application on a
				department-approved form;
(2) pay
				the applicable fee required under §85.800; and
(3) successfully pass a criminal background
				check.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.204 - License Requirements - Vehicle Storage Facility Employee License

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for a VSF employee
				license, an applicant must:
(1) submit a
				completed application on a department-approved form;
(2) pay the fee required under
				§85.800;
(3) successfully pass
				a criminal background check; and
(4) if the applicant for renewal has within
				the preceding 12-month period tested positive for drugs under §85.725, the
				applicant must submit a negative drug test to the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.206 - License Requirements - Vehicle Storage Facility Employee License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) To renew a VSF
				employee license an applicant must:
(1)
				submit a completed application on a department-approved form;
(2) pay the applicable fee required under
				§85.800;
(3) successfully pass
				a criminal background check; and
(4) if the applicant for renewal has within
				the preceding 12-month period tested positive for drugs under §85.725, the
				applicant must submit a negative drug test to the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.207 - License - Notice of Proposed Denial, Opportunity to Comply

Current through Reg. 49, No. 28; July 12, 2024
(a) If the department recommends denial of an
				application for a license under this chapter, the department shall send written
				notice of the decision to the applicant at the address shown on the application
				by certified mail, return receipt requested.
(b) The notice must state the reason for the
				department's decision.
(c) The
				notice may state that the decision is temporary pending compliance by the
				applicant. If the decision is temporary and the applicant complies with this
				chapter not later than the 14th day after the date the applicant receives the
				notice, the department may approve the application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.208 - Department Notifications to Licensee

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise provided for by statute or this chapter, the
				  department may send notice of department proposed actions and decisions through
				  email sent to the last email address designated by the
				  licensee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.209 - Licenses - License Terms

Current through Reg. 49, No. 28; July 12, 2024
A license issued by the department is valid only for the
				  person who applied for the license; applies only to the single VSF or person
				  named on the license; and is valid for 12 months from the date of
				  issuance.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.400 - Insurance Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				or VSF licensee is responsible for ensuring the electronic submission of a
				certificate of insurance when applying for an initial license, submitting a
				license renewal, changing a business name or affiliation, and upon request of
				the department.
(b) The certificate
				of insurance must be obtained from and submitted by an insurance company
				licensed to do business in Texas pursuant to the Texas Insurance
				Code.
(c) The facility name and
				address shown on the proof of insurance form must be the same as the name and
				address on the license. The VSF licensee is responsible for ensuring that the
				insurance information on file with the department reflects the correct name and
				address of the insured facility.
(d) The VSF licensee must obtain insurance
				for the insured facility that meets the following requirements:
(1) Insurance coverage shall be in an amount
				of not less than:
(A) $9,000 per claim if the
				VSF has space to store not more than 50 motor vehicles;
(B) $18,000 per claim if the facility has
				space to store 51 to 99 motor vehicles; and
(C) $25,000 per claim if the facility has
				space to store 100 or more motor vehicles.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.450 - Inspections General

Current through Reg. 49, No. 28; July 12, 2024
(a) Vehicle storage
				facilities shall be inspected in accordance with Texas Occupations Code,
				Chapter 51, and the inspection rules under 16 Texas Administrative Code,
				Chapter 60, Subchapter H.
(b) The
				department may make information available to licensees and managers regarding
				best practices for risk-reduction techniques.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.650 - Towing and Storage Advisory Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory board consists of the nine
				members appointed by the chairman of the commission with the approval of the
				commission. The nine members include:
(1) one
				representative of a towing company operating in a county with a population of
				less than one-million;
(2) one
				representative of a towing company operating in a county with a population of
				one-million or more;
(3) one
				representative of a vehicle storage facility located in a county with a
				population of less than one-million;
(4) one representative of a vehicle storage
				facility located in a county with a population of one-million or
				more;
(5) one peace officer from a
				county with a population of less than one-million;
(6) one peace officer from a county with a
				population of one-million or more;
(7) one parking facility
				representative;
(8) one
				representative of a member insurer, as defined by Section
				RSA
				462.004, Insurance Code, of the Texas
				Property and Casualty Insurance Guaranty Association who automobile insurance
				in this state; and
(9) one person
				who operates both a towing company and a vehicle storage facility.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.700 - Responsibilities of the Licensee - Proof of Exempt Status

Current through Reg. 49, No. 28; July 12, 2024
Vehicle storage facilities shall be responsible for providing
				  proof regarding whether or not a vehicle was stored with the vehicle owner's
				  consent.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.701 - Responsibilities of Licensee - Advertising

Current through Reg. 49, No. 28; July 12, 2024
A licensee may not engage in false, misleading, or deceptive
				  advertising.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.702 - Responsibilities of Licensee - Changes to VSF Operator and VSF Employee License

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed VSF operator shall notify the
				department of changes to any of following information:
(1) change in the business name no later than
				the effective date of the change;
(2) change of mailing or physical address no
				later than the effective date of the change;
(3) change in the facility's storage capacity
				no later than the effective date of the change; or
(4) change in the company's drug testing
				policy.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.703 - Responsibilities of Licensee - Notice to Vehicle Owner or Lienholder

Current through Reg. 49, No. 28; July 12, 2024
(a) If a vehicle is removed by the vehicle
				owner or authorized representative within 24 hours after the VSF receives the
				vehicle, notification as described in subsections (b) - (j) does not
				apply.
(b) The registered owners
				and lien holders of a vehicle accepted at a VSF shall be notified in the
				following manner.
(1) If a vehicle is
				registered in Texas, the VSF shall notify the vehicle's registered owner and
				primary lien holder by certified mail, return receipt requested, registered, or
				electronic certified mail, within five days, but no sooner than within 24 hours
				of receipt of the vehicle.
(2) If a
				vehicle is not registered in Texas, the VSF shall notify the vehicle's
				registered owner and all recorded lien holders within 14 days, but no sooner
				than within 24 hours of receipt of the vehicle.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.704 - Responsibilities of Licensee - Second Notice; Consent to Sale

Current through Reg. 49, No. 28; July 12, 2024
(a) If a vehicle is not claimed by a person
				permitted to claim the vehicle before the 10th day after the date notice is
				mailed or published under §85.703, the operator of the VSF shall consider
				the vehicle to be abandoned and, if required by the law enforcement agency with
				jurisdiction where the vehicle is located, must report the abandonment to the
				law enforcement agency. If the law enforcement agency notifies the VSF that the
				agency will send notices and dispose of the abandoned vehicle under Subchapter
				B, Chapter 683, Transportation Code, the VSF shall pay the fee required under
				Section
				RSA
				683.031, Transportation Code.
(b) If the vehicle is not claimed, the second
				notice shall be sent no earlier than the 15th day, and no later than the 21st
				day, after the date the first notice is mailed or published under §85.703.
				The operator of a VSF shall send a second notice to the registered owner and
				each recorded lienholder of the vehicle if the facility:
(1) was not required to make a report under
				Subsection (a); or
(2) has made a
				required report under Subsection (a) and the law enforcement agency:
(A) has notified the facility that the law
				enforcement agency will take custody of the vehicle;
(B) has not taken custody of the vehicle;
				or
(C) has not responded to the
				report.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.705 - Responsibilities of Licensee - Report to Law Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) A vehicle storage facility accepting a
				vehicle that is towed under this chapter shall, within two hours after
				receiving the vehicle, report to the local law enforcement agency with
				jurisdiction over the area from which the vehicle was towed:
(1) a general description of the
				vehicle;
(2) the state and number
				of the vehicle's license plate, if any;
(3) the vehicle identification number of the
				vehicle, if it can be ascertained;
(4) the location from which the vehicle was
				towed; and
(5) the name and
				location of the vehicle storage facility where the vehicle is being
				stored.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.706 - Responsibilities of Licensee - Documentation and Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Retention of written documentation.
				Vehicle storage facility licensees must maintain a copy of the original written
				documentation regarding their operations for a period of two years from the
				date of the release or disposal of the vehicle. Written documentation shall be
				in the form of:
(1) motor vehicle
				registration checks;
(2)
				notification letters;
(3) certified
				return receipts;
(4) tow tickets
				(if applicable);
(5) bills for
				service;
(6) auction sales
				receipts;
(7) inventory (if
				applicable);
(8) certificates of
				authority to demolish; and
(9) any
				authorized document used to release a vehicle, including but not limited to a
				title, affidavit of right of possession and control, or court order.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.707 - Responsibilities of Licensee - Notice of Complaint Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Each VSF shall notify the vehicle owner
				of the department's website and email address, mailing address, and telephone
				number, for purposes of directing complaints regarding the vehicle storage to
				the department.
(b) The licensee
				may use a legible sticker or rubber stamp to convey the required information
				required by subsection (a). The notice shall be included on:
(1) a sign prominently displayed to the
				public at the place of payment, with letters at least one inch in height, and a
				contrasting background; and
(2) the
				front page of any bill for service.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.708 - Responsibilities of Licensee - Rights of Owner or Authorized Representative

Current through Reg. 49, No. 28; July 12, 2024
(a) A VSF must allow a person claiming to be
				the owner of a vehicle stored or parked at the facility to have access to the
				vehicle's glove compartment, console, or other interior storage area if
				documents necessary to establish the person's identity or ownership of the
				vehicle are located in the glove compartment, console, or other interior
				storage area.
(b) When a person
				demonstrates ownership or right to possession of a motor vehicle stored at a
				VSF, the person or his/her authorized representative shall:
(1) be entitled to inspect a copy of the tow
				ticket for the motor vehicle and shall not be required to pay any fees or
				charges before doing so (reasonable opportunity to view the tow ticket
				displayed behind a glass enclosure satisfies this requirement);
(2) be given access to, and be allowed to
				remove, any personal belongings in the vehicle, unless otherwise indicated by a
				law enforcement officer (the VSF must require a receipt from the person to whom
				the personal belongings are released for any such property removed from the
				stored vehicle by the vehicle owner or authorized representative);
(3) have access, during normal business
				hours, to the vehicle for the purposes of insurance and/or repair estimates;
				and
(4) on request have access to
				the current nonconsent towing fees schedule relating to required posting at a
				VSF for the towing company that towed the vehicle to the VSF.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.709 - Responsibilities of Licensee - Unpermitted Tow Trucks Prohibited

Current through Reg. 49, No. 28; July 12, 2024
Unless authorized by another law or regulation, a VSF shall
				  not allow a tow truck that is not permitted under Texas Occupations Code,
				  Chapter 2308, to enter the storage area of the facility.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.710 - Release of Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(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
(B) the name, address and telephone number of
				the person or law enforcement agency that authorized the tow.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.711 - Responsibilities of Licensee - Forms of Payment for Release of Vehicle

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to other forms of payment
				accepted by the VSF, including a governmental VSF, a VSF must accept cash,
				debit cards and credit cards.
(b) A
				VSF in violation of subsection (a), in addition to administrative penalties,
				may not charge for the storage of a vehicle beyond the date payment by credit
				card is tendered.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.712 - Responsibilities of Licensee - Release of Vehicles; Payment by Lienholder or Insurance Company

Current through Reg. 49, No. 28; July 12, 2024
(a) A lienholder
				who repossesses a vehicle delivered to a VSF is liable to the operator of the
				facility for any money owed to the operator in relation to delivery of the
				vehicle to or storage of the vehicle in the facility regardless of whether an
				amount accrued before the lienholder repossessed the vehicle.
(b) An insurance company that pays a claim of
				total loss on a vehicle in a VSF is liable to the operator of the facility for
				any money owed to the operator in relation to delivery of the vehicle to or
				storage of the vehicle in the facility regardless of whether an amount accrued
				before the insurance company paid the claim.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.713 - Responsibilities of Licensee - Release of Vehicles From Law Enforcement Hold

Current through Reg. 49, No. 28; July 12, 2024
(a) The licensee may not refuse to release
				the vehicle to the vehicle's owner or insurance company due to nonpayment by
				the law enforcement agency that directed the towing and storage of the vehicle
				for evidentiary or examination purposes.
(b) Pursuant to 37 Texas Administrative Code
				§ 4.16, relating to commercial vehicle rules and enforcement procedures, a
				commercial motor vehicle stored at the direction of the Texas Department of
				Public Safety shall not be released until the amount of delinquent
				administrative penalty assessed against the vehicle owner has been
				paid.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.714 - Responsibilities of Licensee - Provide Insurance Information to Vehicle Owner

Current through Reg. 49, No. 28; July 12, 2024
Upon request by the vehicle owner or the vehicle owner's
				  authorized representative, the licensee shall provide the name, address, and
				  telephone number of the insurance company that is providing required liability
				  insurance coverage to the facility, in addition to the facility's insurance
				  policy or certificate number for purposes of filing a claim for loss or damage
				  of property. The insurance information shall be the same as that on file with
				  the department.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.715 - Responsibilities of Licensee - Publicly Listed Telephone Number

Current through Reg. 49, No. 28; July 12, 2024
All VSFs shall have a publicly listed telephone where the VSF
				  can be contacted. If the telephone number is changed from the number in the
				  most recent VSF application, the VSF shall give the department written notice
				  of the change prior to the date the new number is used. The notice shall
				  include the storage lot's name, its location, its license number, the old
				  telephone number, and the new telephone number.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.716 - Responsibilities of Licensee - Inspection of Stored Vehicles

Current through Reg. 49, No. 28; July 12, 2024
When the VSF accepts a vehicle towed without the vehicle
				  owner's consent, the VSF shall inspect the vehicle and note as an addition on
				  the tow ticket any differences from the information previously set out thereon,
				  but shall not write over or deface any prior writing on the tow ticket. If the
				  license plate number or vehicle identification number on the tow ticket is
				  incorrect, the VSF shall note on its records the correct number and notify
				  every previously advised person within 48 hours of noting the correct
				  information.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.717 - Responsibilities of Licensee - Removal of Parts; Dismantling or Demolishing Stored Vehicles

Current through Reg. 49, No. 28; July 12, 2024
Except as provided for by these rules, no parts shall be
				  removed from any vehicle, and no vehicle shall be dismantled or demolished
				  within the storage area of a licensed VSF. Vehicles may be dismantled or
				  demolished only if the VSF has a certificate of title, certificate of authority
				  to demolish, police auction sales receipt, or transfer document issued by the
				  State of Texas for the vehicle being dismantled or
				  demolished.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.718 - Responsibilities of Licensee - Use of Stored Vehicles Prohibited

Current through Reg. 49, No. 28; July 12, 2024
No stored vehicle may be used for personal or business use
				  without the written consent of the vehicle's owner.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.719 - Responsibilities of Licensee - Reasonable Storage Efforts; Impoundment of Stored Vehicles; Impoundment Fees

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Reasonable storage efforts. A VSF operator shall make reasonable efforts
				necessary for the storage of a vehicle, such as locking doors, rolling up
				windows, and closing doors, hatchbacks, sunroofs, trunks, hoods, or convertible
				tops. Such actions are included in the storage fee as set forth in this
				chapter.
(b) Impoundment of stored
				vehicles. If doors, windows, convertible tops, hatchbacks, sun roofs, trunks,
				or hoods are broken or inoperative, materials such as plastic or canvas
				tarpaulins must be used to ensure the impoundment of the stored
				vehicle.
(c) Impoundment Fees. A
				VSF operator is entitled to charge a fee for impoundment if, in addition to the
				requirements set out in subsection (b), the VSF operator, at a minimum:
(1) conducts a written inventory of any
				unsecured personal property contained in the vehicle;
(2) removes and stores all such property for
				which safekeeping is necessary, and specifies such removal and storage on the
				written inventory; or
(3) obtains
				motor vehicle registration information for the vehicle from the Texas
				Department of Transportation or analogous state agency.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.720 - Responsibilities of Licensee - Repair; Alteration of Stored Vehicles Prohibited

Current through Reg. 49, No. 28; July 12, 2024
A vehicle accepted for storage may not be repaired, altered,
				  or have parts removed or replaced without consent of the vehicle owner or
				  owner's authorized representative.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.721 - Responsibilities of Licensee - Vehicle Transfers

Current through Reg. 49, No. 28; July 12, 2024
When a motor vehicle has been delivered to a VSF, the vehicle
				  may not be moved from that facility within the first 31 days of storage without
				  the vehicle owner's authorization. If it becomes necessary to move the vehicle
				  during the first 31 days of storage because of VSF capacity problems, neither
				  the registered vehicle owner nor recorded lienholder(s) may be assessed an
				  additional charge. The VSF must send notice in accordance with these rules,
				  except that the notice must be sent no less than 72 hours prior to moving the
				  vehicle. If a vehicle is moved from a VSF, the licensee shall:
(1) charge only those fees otherwise
				permitted by §RSA
				85.722 after the vehicle is towed to another
				location without the vehicle owner's permission;
(2) retain records and inform the vehicle
				owner upon request of the location where the vehicle is at all times from the
				date on which the vehicle is transferred from the VSF until such time as the
				vehicle is recovered by the vehicle owner, or a new certificate of title, a
				certificate of authority to demolish, a police auction sales receipt, or a
				transfer document is issued by the State of Texas; and
(3) maintain a record of the ultimate
				disposition of the vehicle, including the date and name of the person to whom
				the vehicle is released or a description of the document under which the
				vehicle was sold or demolished.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.722 - Responsibilities of Licensee-Storage Fees and Other Charges

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				purposes of this section, "VSF" includes 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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.723 - Responsibilities of Licensee - Disposal of Certain Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. A VSF operator may not
				dispose of a vehicle unless the operator has complied with all provisions of
				the Act, including §§2303.151 - 2303.154 and §2303.157,
				concerning notification and disposal of abandoned vehicles.
(b) Documentation and records. A VSF operator
				shall keep complete and accurate records of any vehicle disposed of under these
				rules. These records shall include:
(1) a
				copy of all forms completed by the VSF and provided to the vehicle
				buyer;
(2) copies of all
				notifications issued to the registered owner and all recorded lienholders,
				regardless of whether the notifications were mailed or published; and
(3) a copy of all forms submitted to
				governmental authorities to dispose of and demolish an abandoned nuisance
				vehicle.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.724 - Responsibilities of Licensee - Disposition of Abandoned Nuisance Vehicle

Current through Reg. 49, No. 28; July 12, 2024
(a) A VSF 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 notice is mailed or
				published under §2303.151 or §2303.152 of the Act.
(b) The VSF must:
(1) notify the Texas Department of
				Transportation that notices under Chapter 683, Transportation Code, have been
				provided and shall pay a fee to the Texas Department of Transportation;
				or
(2) notify the appropriate law
				enforcement agency and pay a fee to that agency.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.726 - Responsibilities of Licensee - Honesty, Trustworthiness, and Integrity

Current through Reg. 49, No. 28; July 12, 2024
A person licensed under this chapter must conduct vehicle
				  storage facility operations with honesty, trustworthiness, and
				  integrity.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.800 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Application fees.
(1) Vehicle Storage Facility License
(A) Original Application--$250
(B) Renewal--$250
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 85 - VEHICLE STORAGE FACILITIES › Section 85.900 - Administrative Sanctions and Penalties

Current through Reg. 49, No. 28; July 12, 2024
A person that violates Texas Occupations Code, Chapter 2303,
				  a rule, or an order of the Executive Director or Commission relating to Texas
				  Occupations Code, Chapter 2303, will be subject to administrative sanctions
				  and/or administrative penalties under Texas Occupations Code, Chapters 51 and
				  2303 and applicable agency rules.