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All VSFs shall have an all-weather surface such as concrete, asphalt, black-top, stone, macadam, limestone, iron ore, gravel, shell, or caliche, that enables the safe and effective movement of stored vehicles upon all portions of the lot, both under their own power and under tow, at all times, regardless of prevailing weather conditions. The surface shall also be free of overgrown vegetation.

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All VSFs shall maintain illumination levels adequate for nighttime release of vehicles. The term "adequate" shall mean sufficient to allow inspection of a vehicle for damage at the time of release. These rules are available as a printable PDF document. Authority Definitions Exemptions License Required--Vehicle Storage Facility License Approval--Vehicle Storage Facility Department Notifications to Licensee Licenses--License Terms Insurance Requirements Inspections--General Periodic Inspections Corrective Actions Following Inspection Towing and Storage Advisory Board Responsibilities of the Licensee--Proof of Exempt Status Responsibilities of Licensee--Advertising Responsibilities of Licensee--Report to Law Enforcement Responsibilities of Licensee--Documentation and Records Responsibilities of Licensee--Notice of Complaint Procedure Release of Vehicles Responsibilities of Licensee--Inspection of Stored Vehicles Responsibilities of Licensee--Vehicle Transfers Responsibilities of Licensee--Disposal of Certain Vehicles Responsibilities of Licensee--Drug Testing Policy Responsibilities of Licensee--Honesty, Trustworthiness, and Integrity Fees Administrative Sanctions and Penalties Technical Requirements--Facility Fencing Requirements Technical Requirements--Storage Lot Surface Technical Requirements Storage Lot Lighting Technical Requirements--Storage Lot Signs Technical Requirements--Company Records.

Definitions New section adopted effective April 15, , 33 TexReg The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

Exemptions New section adopted effective April 15, , 33 TexReg a These rules do not apply to a vehicle parked or stored at a VSF with the consent of the vehicle's owner. License Approval Vehicle Storage Facility. A late renewal means the licensee will have an unlicensed period from the expiration date of the expired license to the issuance date of the renewed license. During the unlicensed period, a person may not perform any functions of a VSF that requires a license under this chapter.

During the unlicensed period, a person may not perform any duties of a VSF employee that requires a license under this chapter. License--Notice of Proposed Denial, Opportunity to Comply New section adopted effective May 3, , 35 TexReg 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. 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.

Department Notifications to Licensee New section adopted effective May 3, , 35 TexReg 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. Licenses--License Terms New section adopted effective May 3, , 35 TexReg 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.

Insurance Requirements New section adopted effective April 15, , 33 TexReg 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. 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. Notice must be in a form acceptable to the department. These inspections will be performed to determine compliance with the requirements of the Act and these rules.

In addition, the department may make information available to VSF owners and managers on best practices for risk-reduction techniques. The department may conduct inspections under the Act and these rules with or without advance notice. Corrective Actions Following Inspection New section adopted effective April 15, , 33 TexReg a When corrective actions to achieve compliance are required: 1 the department shall provide the VSF a list of required corrective actions; 2 within 10 days after receiving the list of required corrective actions, the VSF shall complete all corrective actions and provide written verification of the corrective actions to the department; and 3 the department may grant an extension, consistent with established procedures, if satisfactory evidence is presented showing that the time period specified is inadequate to perform the necessary corrections.

Towing, and Storage Advisory Board New section adopted effective April 15, , 33 TexReg ; amended effective May 3, , 35 TexReg ; amended effective January 16, , 37 TexReg l; amended effective January 15, 43 TexReg 86 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 The presiding officer of the advisory board may vote on any matter before the advisory board.

They are, subject to the General Appropriations Act, reimbursed for actual and necessary expenses incurred in performing the duties of the advisory board. Responsibilities of the Licensee--Proof of Exempt Status New section adopted effective April 15, , 33 TexReg Vehicle storage facilities shall be responsible for providing proof regarding whether or not a vehicle was stored with the vehicle owner's consent. Responsibilities of Licensee--Advertising New section adopted effective April 15, , 33 TexReg A licensee may not engage in false, misleading, or deceptive advertising. Responsibilities of Licensee--Notice to Vehicle Owner or Lienholder New section adopted effective April 15, , 33 TexReg ; amended effective May 3, , 35 TexReg ; amended effective January 16, , 37 TexReg ; amended effective March 15, , 39 TexReg ; amended effective January 15, 43 TexReg 87 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.

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