HBA-NIK S.B. 155 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 155
By: Lindsay
Transportation
5/11/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, Texas law does not provide a limit on the amount charged for
parking in connection with a special event, or require a notice of the
parking charge to be posted.  People are being charged a substantial amount
for parking without notice before parking. S.B. 155 requires a parking
facility owner to post a conspicuous sign if the parking charge more than
doubles the normal rate for a special event. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. DEFINITIONS. Defines "parking facility," "parking facility
owner," "vehicle," and "special event." 

SECTION 2. LIMITATION OF PARKING CHARGE IN CONNECTION WITH SPECIAL EVENT.
Prohibits a parking facility owner from charging for parking a vehicle in
the parking facility in connection with a special event an amount that is
more than two times the amount computed using the rate that is normally
charged for parking a vehicle in the facility on that day of the week and
at that time  Provides that this section does not apply to institutions of
higher education or private or independent institutions of higher education
as defined in Section 61.003, Education Code. 

SECTION 3. OFFENSE. (a) Provides that a person commits an offense if the
person violates Section 2 of this Act. 

(b) Provides that an offense under this section is a Class C misdemeanor.

(c) Provides that it is a defense to prosecution under this section that
the parking facility owner posted a conspicuous sign at least two feet wide
and two feet high at the entrance to the parking facility stating: 

(1) the rate that is normally charged for parking a vehicle in the
facility; and 

(2) the rate that is charged for parking a vehicle in the facility in
connection with a special event. 

SECTION 4. EFFECTIVE DATE.  Effective date: September 1, 1999.

SECTION 5. EMERGENCY. Emergency clause.





 

EXPLANATION OF AMENDMENTS

Amendment # 1.

Amends Section 3(c)(1) and 3(c)(2), as follows:

(1) in print at least six inches in height, the rate that is normally
charged for parking a vehicle in the facility; and  

(2) in print at least six inches in height, the rate that is charged for
parking a vehicle in the facility in connection with a special event.