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 However, storage owners are in a situation where outdated liens against a vehicle are never released and records are not updated.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.