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HB01356I.DOC - Texas Legislature Online

By Ernest Woods,2014-12-20 17:08
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HB01356I.DOC - Texas Legislature OnlineHB0,doc

     By BosseH.B. No. 1356

    A BILL TO BE ENTITLED

    AN ACT

    relating to possessory liens on certain motor vehicles, motorboats, vessels, or outboard motors.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

     SECTION 1. Section 70.004, Property Code, is amended to read as follows:

     Sec. 70.004. POSSESSION OF MOTOR VEHICLE, MOTORBOAT, VESSEL, OR

    OUTBOARD MOTOR. (a) A holder of a lien under Section 70.003 on a motor vehicle, motorboat, vessel, or outboard motor who obtains possession of the motor vehicle, motorboat, vessel, or outboard motor under a state law or city ordinance shall give notice for a motor vehicle, motorboat, vessel, or outboard motor registered in this state to the last known registered owner and each

    lienholder of record not later than the fifth [10th] day after the day possession is obtained. If the

    motor vehicle, motorboat, vessel, or outboard motor is registered outside this state, the notice shall be given to the last known registered owner and each lienholder of record not later than the 14th day after the day possession is obtained.

     (b) Except as provided by Subsection (c), the [The] notice must be sent by certified mail with

    return receipt requested and must contain:

     (1) a request to remove the motor vehicle, motorboat, vessel, or outboard motor;

     (2) a request for payment;

     (3) the location of the motor vehicle, motorboat, vessel, or outboard motor; and

     (4) the amount of accrued charges.

     (c) The notice may be given by publishing the notice once in a newspaper of general circulation in the county in which the motor vehicle, motorboat, vessel, or outboard motor is stored if:

     (1) the holder of the lien is unsuccessful after attempting in writing to obtain information on the last known registered owner and each lienholder of record from the governmental entity with which the motor vehicle, motorboat, vessel, or outboard motor is registered;

     (2) the identity of the last known registered owner cannot be determined;

     (3) the registration does not contain an address for the last known registered owner; or

     (4) the holder of the lien cannot determine with reasonable certainty the identities and addresses of the lienholders of record.

     (d) The holder of the lien is not required to publish notice under Subsection (c) if a notice sent under Subsection (b) is returned as unclaimed, refused, or for any other reason.

     (e) [(c)] A person is entitled to fees for towing, impoundment [preservation], and notification

    and to reasonable storage fees for up to five [5] days before the day that the notice is mailed or

    published, as applicable. After the day that the notice is mailed or published, the person is entitled

    to reasonable storage and impoundment [preservation] fees until the motor vehicle, motorboat,

    vessel, or outboard motor is removed and accrued charges are paid.

     (f) [(d)] A person charging fees under Subsection (e) [(c)] commits an offense if the person

    charges a storage fee for a period of time not authorized by that subsection. An offense under this subsection is punishable by a fine of not less than $200 nor more than $1,000.

     SECTION 2. Section 70.006, Property Code, is amended to read as follows:

     Sec. 70.006. SALE OF MOTOR VEHICLE, MOTORBOAT, VESSEL, OR OUTBOARD

    MOTOR. (a) A holder of a lien under this subchapter on a motor vehicle subject to Chapter 501, Transportation Code, or on a motorboat, vessel, or outboard motor for which a certificate of title is required under Subchapter B, Chapter 31, Parks and Wildlife Code, as amended, who retains possession of the motor vehicle, motorboat, vessel, or outboard motor for 30 days after the day that the charges accrue shall give written notice to the owner and each holder of a lien recorded on the certificate of title. If the motor vehicle, motorboat, vessel, or outboard motor is registered outside

    this state, the holder of a lien under this subchapter who retains possession during that period shall give notice to the last known registered owner and each lienholder of record.

     (b) Except as provided by Subsection (c), the [The] notice must be sent by certified mail with

    return receipt requested and must include the amount of the charges and a request for payment.

     (c) The notice may be given by publishing the notice once in a newspaper of general circulation in the county in which the motor vehicle, motorboat, vessel, or outboard motor is stored if:

     (1) the holder of the lien is unsuccessful after attempting in writing to obtain information on the last known registered owner and each lienholder of record from the governmental entity with which the motor vehicle, motorboat, vessel, or outboard motor is registered;

     (2) the identity of the last known registered owner cannot be determined;

     (3) the registration does not contain an address for the last known registered owner; or

     (4) the holder of the lien cannot determine with reasonable certainty the identities and addresses of the lienholders of record.

     (d) The holder of the lien is not required to publish notice under Subsection (c) if a notice sent under Subsection (b) is returned as unclaimed, refused, or for any other reason.

     (e) [(b)] If the charges are not paid before the 31st day after the day that the notice is mailed or published, as applicable, the lienholder may sell the motor vehicle, motorboat, vessel, or outboard

    motor at a public sale and apply the proceeds to the charges. The lienholder shall pay excess proceeds to the person entitled to them.

     SECTION 3. (a) This Act takes effect September 1, 1999.

     (b) This Act applies only to a lien on a motor vehicle, motorboat, vessel, or outboard motor the possession of which is obtained on or after the effective date of this Act. A lien on a motor vehicle, motorboat, vessel, or outboard motor the possession of which was obtained before that date is governed by the law in effect at the time possession was obtained, and the former law is continued in effect for that purpose.

     SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

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