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AN ACT
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relating to providing a patron of a pay-to-park or valet parking |
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service with certain information; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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amended by adding Chapter 106 to read as follows: |
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CHAPTER 106. PAY-TO-PARK AND VALET PARKING SERVICES |
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Sec. 106.001. DEFINITIONS. In this chapter: |
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(1) "Pay-to-park service" means a business that |
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provides a place to park the motor vehicles of patrons of a public |
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accommodation in a garage, lot, or other facility for a fee. |
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(2) "Public accommodation" means any: |
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(A) inn, hotel, or motel; |
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(B) restaurant, cafeteria, or other facility |
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principally engaged in selling food for consumption on the |
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premises; |
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(C) bar, nightclub, or other facility engaged in |
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selling alcoholic beverages for consumption on the premises; |
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(D) motion picture house, theater, concert hall, |
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stadium, or other place of exhibition or entertainment; or |
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(E) other facility used by or open to members of |
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the public. |
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(3) "Valet parking service" means a parking service |
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through which the motor vehicles of patrons of a public |
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accommodation are parked for a fee by a third party who is not an |
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employee of the public accommodation. |
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Sec. 106.002. APPLICABILITY OF CHAPTER. This chapter does |
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not apply to a pay-to-park or valet parking service: |
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(1) operated by the owner of: |
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(A) a restaurant, cafeteria, or other facility |
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principally engaged in selling food for consumption on the |
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premises; or |
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(B) an inn, hotel, or motel; and |
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(2) provided exclusively to patrons of the public |
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accommodation described by Subdivision (1). |
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Sec. 106.003. REQUIREMENT OF CONTACT INFORMATION. (a) The |
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receipt or claim ticket that an operator of a pay-to-park or valet |
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parking service provides to a patron must state the name, address, |
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and telephone number of the owner of the pay-to-park or valet |
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parking service. |
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(b) If a pay-to-park service does not provide a patron with |
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a receipt or claim ticket, the operator shall prominently display |
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the name, address, and telephone number of the owner of the |
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pay-to-park service on a sign on or immediately adjacent to the |
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payment receptacle or other device for making payment for the |
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service. |
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(c) For purposes of this section, "owner" does not include |
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the owner of the property on which the pay-to-park or valet parking |
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service is provided unless the service is also owned by the owner of |
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the property. |
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Sec. 106.004. CIVIL PENALTY. A pay-to-park or valet |
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parking service that violates this chapter is subject to a civil |
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penalty not to exceed $200 for each violation. |
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Sec. 106.005. SUIT FOR CIVIL PENALTY. The attorney general |
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or a county or district attorney may bring an action to recover a |
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civil penalty imposed under Section 106.004. |
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SECTION 2. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2468 was passed by the House on April |
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20, 2011, by the following vote: Yeas 143, Nays 2, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2468 was passed by the Senate on May |
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13, 2011, by the following vote: Yeas 31, Nays 0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |