74R11027 PAM-F By Hartnett H.B. No. 2656 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to authorizing a lien for storing aircraft. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Sections 70.301, 70.303, 70.304, and 70.305, 1-5 Property Code, are amended to read as follows: 1-6 Sec. 70.301. Lien. (a) A person who stores, repairs, or 1-7 performs maintenance work on an aircraft has a lien on the aircraft 1-8 for: 1-9 (1) the amount due under a contract for the storage, 1-10 repairs, or maintenance work; or 1-11 (2) if no amount is specified by contract, the 1-12 reasonable and usual compensation for the storage, repairs, or 1-13 maintenance work. 1-14 (b) This subchapter applies to a contract for storage only 1-15 if it is: 1-16 (1) written; or 1-17 (2) oral and provides for a storage period of at least 1-18 30 days. 1-19 Sec. 70.303. Recording of Lien. A holder of a lien under 1-20 this subchapter may record the lien on the aircraft by filing with 1-21 the Federal Aviation Administration Aircraft Registry not later 1-22 than the 120th day after the date of the completion of the 1-23 contractual storage period or the performance of the last repair or 1-24 maintenance a verified document in the form and manner required by 2-1 applicable federal laws and regulations that states: 2-2 (1) the name, address, and telephone number of the 2-3 holder of the lien under this subchapter; 2-4 (2) the amount due for storage, repairs, or 2-5 maintenance; 2-6 (3) a complete description of the aircraft; and 2-7 (4) the name and address of the owner of the aircraft 2-8 and the number assigned the aircraft by the Federal Aviation 2-9 Administration, if known. 2-10 Sec. 70.304. Notice to Owner and Lienholders. (a) Not 2-11 later than the 30th day after the date of the completion of the 2-12 contractual storage period or the performance of the last repair or 2-13 maintenance, a holder of a lien under this subchapter who retains 2-14 possession of the aircraft shall notify the owner shown on the 2-15 certificate of registration and each holder of a lien on the 2-16 aircraft as shown by the records maintained for that purpose by the 2-17 Federal Aviation Administration Aircraft Registry. The notice must 2-18 state: 2-19 (1) the name, address, and telephone number of the 2-20 holder of the lien under this subchapter; 2-21 (2) the amount due for storage, repairs, or 2-22 maintenance; 2-23 (3) a complete description of the aircraft; and 2-24 (4) the legal right of the holder of the lien under 2-25 this subchapter to sell the aircraft at public auction and apply 2-26 the proceeds to the amount due. 2-27 (b) The notice must be delivered by certified or registered 3-1 mail, return receipt requested. 3-2 Sec. 70.305. Sale of Aircraft. If the holder of a lien 3-3 under this subchapter provides the notice required by Section 3-4 70.304 and the amount due remains unpaid after the 60th day after 3-5 the date of the completion of the contractual storage period or the 3-6 performance of the last repair or maintenance, the holder of the 3-7 lien may sell the aircraft at a public sale and apply the proceeds 3-8 to the amount due. The lienholder shall pay any excess proceeds to 3-9 the person entitled to them. 3-10 SECTION 2. The importance of this legislation and the 3-11 crowded condition of the calendars in both houses create an 3-12 emergency and an imperative public necessity that the 3-13 constitutional rule requiring bills to be read on three several 3-14 days in each house be suspended, and this rule is hereby suspended.