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.