SCWA Meeting….Public Nuisance and Sales Tax
More than 100 car wash owners recent met in Dallas to focus on the new public nuisance law and other legislative issues affecting the car wash industry.
The meeting sponsored by the Southwest Car Wash Association was highlighted by comments from several speakers including Dallas City Attorney Tom Perkins and Dallas Police Chief David Perkins. Following the comments from both city officials, there was and aggressive exchange of questions and answers from the SCWA members.
The main discussion centered on the recent changes to the public nuisance law (H.B. 1690). Many car wash owners in the Dallas area have been concerned about the actions of the City of Dallas in implementing the public nuisance law.
HB 1690 is the SCWA supported legislation that redefines public nuisance so legitimate businesses making an effort to curb crime in their neighborhood are not subject to unfair penalties. The City of Dallas has been unfairly enforcing current provisions of the public nuisance statute under Section 125 that have been harmful to business including car washes.
HB 1690 was introduced and promoted by Representative Terry Keel.
SCWA testified in both the House Civil Practices Committee and the Senate State Affairs Committee strongly supporting the passage of HB 1690. The Senate changed some of the wording in the bill and it was sent to Conference Committee. The Conference Committee report came down to the wire to meet the deadline for consideration on the floor of the House before final adjournment. After several urgent meetings with legislators and SCWA an agreement was reached. The Conference Committee report was
approved by both the House and Senate and was signed by Governor Perry.
HB 1690 is important to car wash owners in the Dallas area and other cities of Texas to prevent cities from being over zealous and unfair in enforcement of public nuisance laws or ordinances. After testimony received in the Legislature, Dallas was recognized as the most grievous example of wrongful implementation of the nuisance laws. Several legislators expressed outrage over the policies and procedures of the City of Dallas toward small business and especially car wash owner and SCWA member Dale Davenport.
Representative Terry Keel provided the keynote address for the meeting highlighting the reasons the Legislature gave such overwhelming support to HB 1690. Representative Terri Hodge also spoke to the group about the public nuisance law and her concerns about how Dallas has been enforcing the law against honest business owners and car wash operators.
Dallas Representative Dan Branch addressed the meeting discussing the school reform and tax legislation. Representative Branch was also a supporter of the SCWA efforts concerning HB 1690. Branch acknowledged SCWA’s success in having the car wash operators removed from the sales tax provisions. After on full Legislative Session and two Special Sessions this year, the House and Senate still can not agree on a bill and so the State is now waiting on the court decision before legislative decisions are made.
Representative Jodie Laubenberg attended the meeting to discuss the recent changes to protect property owners in the eminent domain provisions. SCWA was an active supporter of the efforts of Laubenberg and Representative Frank Corte to pass legislation to protect the rights of property owners
Representative Terry Keel was recognized by SCWA for his efforts this past Session with the SCWA Legislative Excellence Award.
One Dallas car wash owner summed up the meeting, “this was an incredible afternoon with information and insights that will be very important to my business”.
