By Hartnett                                           H.B. No. 2656
       74R7470 PAM-D
                                 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 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        Sec. 70.303.  Recording of Lien.  A holder of a lien under
   1-15  this subchapter may record the lien on the aircraft by filing with
   1-16  the Federal Aviation Administration Aircraft Registry not later
   1-17  than the 120th day after the date of the completion of the
   1-18  contractual storage period or the <of> performance of the last
   1-19  repair or maintenance a verified document in the form and manner
   1-20  required by applicable federal laws and regulations that states:
   1-21              (1)  the name, address, and telephone number of the
   1-22  holder of the lien under this subchapter;
   1-23              (2)  the amount due for storage, repairs, or
   1-24  maintenance;
    2-1              (3)  a complete description of the aircraft; and
    2-2              (4)  the name and address of the owner of the aircraft
    2-3  and the number assigned the aircraft by the Federal Aviation
    2-4  Administration, if known.
    2-5        Sec. 70.304.  Notice to Owner and Lienholders.  (a)  Not
    2-6  later than the 30th day after the date of the completion of the
    2-7  contractual storage period or the <of> performance of the last
    2-8  repair or maintenance, a holder of a lien under this subchapter who
    2-9  retains possession of the aircraft shall notify the owner shown on
   2-10  the certificate of registration and each holder of a lien on the
   2-11  aircraft as shown by the records maintained for that purpose by the
   2-12  Federal Aviation Administration Aircraft Registry.  The notice must
   2-13  state:
   2-14              (1)  the name, address, and telephone number of the
   2-15  holder of the lien under this subchapter;
   2-16              (2)  the amount due for storage, repairs, or
   2-17  maintenance;
   2-18              (3)  a complete description of the aircraft; and
   2-19              (4)  the legal right of the holder of the lien under
   2-20  this subchapter to sell the aircraft at public auction and apply
   2-21  the proceeds to the amount due.
   2-22        (b)  The notice must be delivered by certified or registered
   2-23  mail, return receipt requested.
   2-24        Sec. 70.305.  Sale of Aircraft.  If the holder of a lien
   2-25  under this subchapter provides the notice required by Section
   2-26  70.304 and the amount due remains unpaid after the 60th day after
   2-27  the date of the completion of the contractual storage period or the
    3-1  <of> performance of the last repair or maintenance, the holder of
    3-2  the lien may sell the aircraft at a public sale and apply the
    3-3  proceeds to the amount due.  The lienholder shall pay any excess
    3-4  proceeds to the person entitled to them.
    3-5        SECTION 2.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended.