1-1 By: Blackwood (Senate Sponsor - Sibley) H.B. No. 711
1-2 (In the Senate - Received from the House May 17, 1993;
1-3 May 18, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 25, 1993, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the storage and sale of certain vehicles.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 70.006(a), Property Code, is amended to
1-24 read as follows:
1-25 (a) A holder of a lien under this subchapter on a motor
1-26 vehicle subject to the Certificate of Title Act, as amended
1-27 (Article 6687-1, Vernon's Texas Civil Statutes), or on a motorboat,
1-28 vessel, or outboard motor for which a certificate of title is
1-29 required under Subchapter B, Chapter 31, Parks and Wildlife Code,
1-30 as amended, who retains possession of the vehicle, motorboat,
1-31 vessel, or outboard motor for 30 days after the day that the
1-32 charges accrue shall give written notice to the owner and each
1-33 holder of a lien recorded on the certificate of title. The notice
1-34 must be sent by certified mail with return receipt requested and
1-35 must include the amount of the charges and a request for payment.
1-36 The holder of a lien under this subchapter is not required as a
1-37 condition of sale under Subsection (b) to obtain a release of a
1-38 lien held by a person to whom the holder of the lien under this
1-39 subchapter has given notice as provided by this section.
1-40 SECTION 2. Section 70.007, Property Code, is amended to read
1-41 as follows:
1-42 Sec. 70.007. UNCLAIMED EXCESS. (a) If a person entitled to
1-43 excess proceeds under this subchapter is not known or has moved
1-44 from this state or the county in which the lien accrued, the person
1-45 holding the excess shall:
1-46 (1) pay it to the county treasurer of the county in
1-47 which the lien accrued; and
1-48 (2) send a notice to the last known address of the
1-49 person stating:
1-50 (A) the date of the sale;
1-51 (B) the amount of proceeds from the sale;
1-52 (C) the amount of the proceeds applied to
1-53 charges under Section 70.006(b); and
1-54 (D) that excess proceeds have been paid to and
1-55 may be claimed from the county treasurer of the county specified in
1-56 the notice.
1-57 (b) The treasurer shall issue the person a receipt for the
1-58 payment.
1-59 (c) <(b)> If the person entitled to the excess does not
1-60 claim it before two years after the day it is paid to the
1-61 treasurer, the excess becomes a part of the county's general fund.
1-62 SECTION 3. This Act takes effect September 1, 1993.
1-63 SECTION 4. The importance of this legislation and the
1-64 crowded condition of the calendars in both houses create an
1-65 emergency and an imperative public necessity that the
1-66 constitutional rule requiring bills to be read on three several
1-67 days in each house be suspended, and this rule is hereby suspended.
1-68 * * * * *
2-1 Austin,
2-2 Texas
2-3 May 25, 1993
2-4 Hon. Bob Bullock
2-5 President of the Senate
2-6 Sir:
2-7 We, your Committee on Natural Resources to which was referred H.B.
2-8 No. 711, have had the same under consideration, and I am instructed
2-9 to report it back to the Senate with the recommendation that it do
2-10 pass and be printed.
2-11 Sims,
2-12 Chairman
2-13 * * * * *
2-14 WITNESSES
2-15 FOR AGAINST ON
2-16 ___________________________________________________________________
2-17 Name: Stephanie Stromberg x
2-18 Representing: Tx Towing & Storage Assoc.
2-19 City: Austin
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