By Reyna                                               H.B. No. 111
       74R1232 DWS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the storage and sale of certain vehicles.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 70.006(a), Property Code, is amended to
    1-5  read as follows:
    1-6        (a)  A holder of a lien under this subchapter on a motor
    1-7  vehicle subject to the Certificate of Title Act, as amended
    1-8  (Article 6687-1, Vernon's Texas Civil Statutes), or on a motorboat,
    1-9  vessel, or outboard motor for which a certificate of title is
   1-10  required under Subchapter B, Chapter 31, Parks and Wildlife Code,
   1-11  as amended, who retains possession of the vehicle, motorboat,
   1-12  vessel, or outboard motor for 30 days after the day that the
   1-13  charges accrue shall give written notice to the owner and each
   1-14  holder of a lien recorded on the certificate of title.  The notice
   1-15  must be sent by certified mail with return receipt requested and
   1-16  must include the amount of the charges and a request for payment.
   1-17  The holder of a lien under this subchapter is not required as a
   1-18  condition of sale under Subsection (b) to obtain a release of a
   1-19  lien held by a person to whom the holder of the lien under this
   1-20  subchapter has given notice as provided by this section.
   1-21        SECTION 2.  Section 70.007, Property Code, is amended to read
   1-22  as follows:
   1-23        Sec. 70.007.  UNCLAIMED EXCESS.  (a)  If a person entitled to
   1-24  excess proceeds under this subchapter is not known or has moved
    2-1  from this state or the county in which the lien accrued, the person
    2-2  holding the excess shall:
    2-3              (1)  pay it to the county treasurer of the county in
    2-4  which the lien accrued; and
    2-5              (2)  send a notice to the last known address of the
    2-6  person stating:
    2-7                    (A)  the date of the sale;
    2-8                    (B)  the amount of proceeds from the sale;
    2-9                    (C)  the amount of the proceeds applied to
   2-10  charges under Section 70.006(b); and
   2-11                    (D)  that excess proceeds have been paid to and
   2-12  may be claimed from the county treasurer of the county specified in
   2-13  the notice.
   2-14        (b)  The treasurer shall issue the person a receipt for the
   2-15  payment.
   2-16        (c) <(b)>  If the person entitled to the excess does not
   2-17  claim it before two years after the day it is paid to the
   2-18  treasurer, the excess becomes a part of the county's general fund.
   2-19        SECTION 3.  This Act takes effect September 1, 1995.
   2-20        SECTION 4.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended.