| (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.
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| Source Note: The provisions of this §85.722 adopted to be effective April 15, 2008, 33 TexReg 2931; amended to be effective January 16, 2012, 37 TexReg 112; amended to be effective January 15, 2018, 43 TexReg 84; amended to be effective November 1, 2019, 44 TexReg 6365; amended to be effective November 1, 2021, 46 TexReg 7399; amended to be effective January 15, 2024, 49 TexReg 38 |
