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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