CHAPTER 686. VALET PARKING SERVICES - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE H. PARKING, TOWING, AND STORAGE OF VEHICLES

CHAPTER 686. VALET PARKING SERVICES

Sec. 686.001. DEFINITIONS. In this chapter:

(1) "Financial responsibility" means the ability to respond in

damages for liability for an accident that:

(A) occurs after the effective date of the document evidencing

the establishment of the financial responsibility; and

(B) arises out of the operation of a motor vehicle by an

employee of a valet parking service.

(2) "Public accommodation" means any:

(A) inn, hotel, or motel;

(B) restaurant, cafeteria, or other facility principally engaged

in selling food for consumption on the premises;

(C) bar, nightclub, or other facility engaged in selling

alcoholic beverages for consumption on the premises;

(D) motion picture house, theater, concert hall, stadium, or

other place of exhibition or entertainment; or

(E) other facility used by or open to members of the public.

(3) "Valet parking service" means a parking service through

which the motor vehicles of patrons of a public accommodation are

parked for a fee by a third party who is not an employee of the

public accommodation.

Added by Acts 2003, 78th Leg., ch. 816, Sec. 23.002, eff. March

1, 2004.

Sec. 686.002. REQUIREMENT OF FINANCIAL RESPONSIBILITY FOR VALET

PARKING SERVICES. A person may not operate a valet parking

service unless financial responsibility for each employee who

operates a motor vehicle for the service is established through:

(1) a motor vehicle liability or comprehensive general liability

and garage insurance policy in an amount established by Section

686.004;

(2) a surety bond filed under Section 601.121; or

(3) a deposit in the amount of $450,000 under Section 601.122,

notwithstanding any other amount prescribed by that section.

Added by Acts 2003, 78th Leg., ch. 816, Sec. 23.002, eff. March

1, 2004.

Sec. 686.003. EVIDENCE OF FINANCIAL RESPONSIBILITY. (a) The

owner or operator of a valet parking service shall provide

evidence of financial responsibility in the same manner as

required under Section 601.053.

(b) In addition to complying with Subsection (a), an owner or

operator of a valet parking service shall exhibit, for public

inspection, evidence of financial responsibility at a public

accommodation whose patrons use the service.

Added by Acts 2003, 78th Leg., ch. 816, Sec. 23.002, March 1,

2004.

Sec. 686.004. MINIMUM COVERAGE AMOUNTS. (a) The minimum

amounts of motor vehicle liability insurance coverage required to

establish financial responsibility under this chapter are:

(1) $100,000 for bodily injury to or death of one person in one

accident;

(2) $300,000 for bodily injury to or death of two or more

persons in one accident, subject to the amount provided by

Subdivision (1) for bodily injury to or death of one of the

persons; and

(3) $50,000 for damage to or destruction of property of others

in one accident.

(b) The comprehensive general liability insurance must be on a

broad form and provide limits of liability for bodily injury and

property damage of not less than $300,000 combined single limit

or the equivalent.

(c) The garage insurance must provide limits of liability for

bodily injury and property damage of not less than $300,000

combined single limit, or the equivalent, and must provide the

following coverages:

(1) comprehensive and collision coverage for physical damage;

(2) coverage for vehicle storage; and

(3) coverage for a vehicle driven by or at the direction of the

valet parking service.

Added by Acts 2003, 78th Leg., ch. 816, Sec. 23.002, eff. March

1, 2004.

Sec. 686.005. COMMON LAW DEFENSES. In an action against an

owner or operator of a valet parking service that has not

established financial responsibility as required by this chapter

to recover damages for personal injuries, death, or property

damage sustained in a motor vehicle accident arising out of the

operation of a valet parking service, it is not a defense that

the party who brings the action:

(1) was guilty of contributory negligence; or

(2) assumed the risk of injury, death, or property damage.

Added by Acts 2003, 78th Leg., ch. 816, Sec. 23.002, eff. March

1, 2004.

Sec. 686.006. OPERATION OF MOTOR VEHICLE IN VIOLATION OF

FINANCIAL RESPONSIBILITY REQUIREMENT; OFFENSE. (a) A person

commits an offense if the person, while in the course and scope

of the person's employment with a valet parking service, operates

a motor vehicle of a patron of the service without the financial

responsibility required by this chapter.

(b) Except as provided by Subsections (c) and (d), an offense

under this section is a misdemeanor punishable by a fine of not

less than $175 or more than $350.

(c) If a person has been previously convicted of an offense

under this section, an offense under this section is a

misdemeanor punishable by a fine of not less than $350 or more

than $1,000.

(d) If the court determines that a person who has not been

previously convicted of an offense under this section is

economically unable to pay the fine, the court may reduce the

fine to not less than $175.

Added by Acts 2003, 78th Leg., ch. 816, Sec. 23.002, eff. March

1, 2004.

Sec. 686.007. DEFENSE: FINANCIAL RESPONSIBILITY IN EFFECT AT

TIME OF ALLEGED OFFENSE. It is a defense to prosecution under

Section 686.002 that the person charged produces one of the

documents listed in Section 601.053 that was valid at the time

the offense is alleged to have occurred.

Added by Acts 2003, 78th Leg., ch. 816, Sec. 23.002, eff. March

1, 2004.