BILL ANALYSIS


                                                     C.S.S.B. 549
                                                       By: Leedom
                                                    Jurisprudence
                                                          2-28-95
                                   Committee Report (Substituted)
BACKGROUND

The Texas Department of Transportation requires vehicle storage
facilities to obtain a release of lien for charges due.  This is
not a requirement for vehicle repair shops.  However, storage
owners are in a situation where outdated liens against a vehicle
are never released and records are not updated.

PURPOSE

As proposed, C.S.S.B. 549 provides that the possessory lienholder
is not required as a condition of sale to obtain a release of any
lien held by a person to whom notice was sent and sets forth
requirements for notification of the person responsible for a lien
if excess money may be claimed from the sale.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 70.006(a), Property Code, to provide that
a holder of a lien under this subchapter is not required as a
condition of sale to obtain the release of a lien held by a person
to whom the holder of the lien has given notice.

SECTION 2. Amends Section 70.007, Property Code, to require a
person holding excess proceeds from a sale, if the person entitled
to the excess proceeds is unknown or has moved, to send a notice to
the last known address of the person stating the sale date, the
proceeds from the sale, the amount of the proceeds applied to
charges, and that excess proceeds may be claimed from the county
treasurer of the specified county.  Makes conforming changes.

SECTION 3. Effective date: September 1, 1995.

SECTION 4. Emergency clause.