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Senate Bill 543 |
Senate Author: Carona |
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Effective: 9-1-09 |
House Sponsor: Harless |
Senate Bill 543 amends the Property Code to exclude charges for repairs from the amount of a lien a garageman has on a motor vehicle, motorboat, vessel, or outboard motor left in the garageman's care. The bill clarifies that a holder of a worker's possessory lien who retains possession of a motor vehicle, motorboat, vessel, or outboard motor is required to give written notice to the owner and each holder of a lien recorded on the certificate of title not later than the 30th day after the date on which the charges accrue. The bill requires the holder of such a lien on a motor vehicle, other than a person licensed as a franchise dealer, to file a copy of the notice and pay a fee to the county tax assessor-collector in the county in which the repairs were made and specifies the information to be included in the notice. The bill requires the county tax assessor-collector, not later than 10 days after receiving notice, to provide a copy of the notice to the owner and each lienholder in the same manner as the lienholder is required to provide notice. The bill establishes that noncompliance with the notice requirements makes a lien recorded on a certificate of title superior to the possessory lienholder's lien and makes it a Class B misdemeanor to knowingly provide false or misleading information in such a notice. The bill requires the possessory lienholder, after providing the required notice, to provide reasonable opportunity for an inspection of the vehicle repairs.