74R11027 PAM-F
By Hartnett H.B. No. 2656
Substitute the following for H.B. No. 2656:
By Brady C.S.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.