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 a collision 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.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 98, eff. September 1, 2023.

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 collision;
(2)  $300,000 for bodily injury to or death of two or more persons in one collision, 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 collision.
(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.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 99, eff. September 1, 2023.

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 collision 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.
Amended by: 
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 100, eff. September 1, 2023.

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.