16 Tex. Admin. Code § 85.722 - Responsibilities of Licensee-Storage Fees and Other Charges
(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.
(b) The fees outlined in this section have
precedence over any conflicting municipal ordinance or charter
provision.
(c) Notification fee.
(1) A VSF may not charge a vehicle owner or
authorized representative more than $50 for notification under these rules. If
a notification must be published, and the actual cost of publication exceeds
50% of the notification fee, the VSF may recover the additional amount of the
cost of publication. The publication fee is in addition to the notification
fee.
(2) If a vehicle is removed by
the vehicle owner or authorized representative within 24 hours after the date
the VSF receives the vehicle , notification is not required by these
rules.
(3) If a vehicle is removed
by the vehicle owner or authorized representative before notification is sent
or within 24 hours from the time VSF receives the vehicle , the VSF may not
charge a notification fee to the vehicle owner .
(d) Daily storage fee. A VSF may charge $20
for each day or part of a day for storage of a vehicle that is 25 feet or less
in length and may charge $35 for each day or part of a day for storage of a
vehicle that exceeds 25 feet in length, subject to a biennial adjustment as set
forth in Texas Occupations Code §
2303.1552(b)(1).
(1) Per the 2023 biennial adjustment, the
maximum amount that a VSF may charge for a daily storage fee is as follows:
(A) Vehicle that is 25 feet or less in
length: $22.85.
(B) Vehicle that
exceeds 25 feet in length: $39.99.
(2) A daily storage fee may be charged for
any part of the day, except that a daily storage fee may not be charged for
more than one day if the vehicle remains at the VSF less than 12 hours. In this
paragraph a day is considered to begin and end at midnight.
(3) A VSF that has accepted into storage a
vehicle registered in this state shall not charge for more than five days of
storage fees until a notice, as prescribed in §85.703 of these rules, is
mailed or published.
(4) A VSF that
has accepted into storage a vehicle not registered in Texas shall not charge
for more than five days of storage before the date the request for owner
information is sent to the appropriate governmental entity or to the private
entity authorized by that governmental entity to obtain title, registration,
and lienholder information using a single vehicle identification
inquiry.
(5) A VSF shall charge a
daily storage fee after notice, as prescribed in §85.703, is mailed or
published for each day or portion of a day the vehicle is in storage until the
vehicle is removed and all accrued charges are paid.
(e) Impoundment fee. A VSF may charge a
vehicle owner or authorized representative an impoundment fee of $20, subject
to a biennial adjustment as set forth in Texas Occupations Code §
2303.1552(b)(1).
Per the 2023 biennial adjustment, the maximum amount that a VSF may charge for
an impoundment fee is $22.85. If the VSF charges a fee for impoundment , the
written bill for services must specify the exact services performed for that
fee and the dates those services were performed.
(f) Governmental or law enforcement fees. A
VSF may collect from a vehicle owner or authorized representative any fee that
must be paid to a law enforcement agency, the agency's authorized agent, or a
governmental entity.
(g) Additional
fees. A VSF may not charge additional fees related to the storage of a vehicle
other than fees authorized by these rules or a nonconsent-towing fee authorized
by Texas Occupations Code, §
2308.2065.
Notes
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