1-1 By: Hartnett (Senate Sponsor - Leedom) H.B. No. 2656
1-2 (In the Senate - Received from the House May 10, 1995;
1-3 May 11, 1995, read first time and referred to Committee on Economic
1-4 Development; May 23, 1995, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 23, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to authorizing a lien for storing aircraft.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Sections 70.301, 70.303, 70.304, and 70.305,
1-11 Property Code, are amended to read as follows:
1-12 Sec. 70.301. Lien. (a) A person who stores, repairs, or
1-13 performs maintenance work on an aircraft has a lien on the aircraft
1-14 for:
1-15 (1) the amount due under a contract for the storage,
1-16 repairs, or maintenance work; or
1-17 (2) if no amount is specified by contract, the
1-18 reasonable and usual compensation for the storage, repairs, or
1-19 maintenance work.
1-20 (b) This subchapter applies to a contract for storage only
1-21 if it is:
1-22 (1) written; or
1-23 (2) oral and provides for a storage period of at least
1-24 30 days.
1-25 Sec. 70.303. Recording of Lien. A holder of a lien under
1-26 this subchapter may record the lien on the aircraft by filing with
1-27 the Federal Aviation Administration Aircraft Registry not later
1-28 than the 120th day after the date of the completion of the
1-29 contractual storage period or the performance of the last repair or
1-30 maintenance a verified document in the form and manner required by
1-31 applicable federal laws and regulations that states:
1-32 (1) the name, address, and telephone number of the
1-33 holder of the lien under this subchapter;
1-34 (2) the amount due for storage, repairs, or
1-35 maintenance;
1-36 (3) a complete description of the aircraft; and
1-37 (4) the name and address of the owner of the aircraft
1-38 and the number assigned the aircraft by the Federal Aviation
1-39 Administration, if known.
1-40 Sec. 70.304. Notice to Owner and Lienholders. (a) Not
1-41 later than the 30th day after the date of the completion of the
1-42 contractual storage period or the performance of the last repair or
1-43 maintenance, a holder of a lien under this subchapter who retains
1-44 possession of the aircraft shall notify the owner shown on the
1-45 certificate of registration and each holder of a lien on the
1-46 aircraft as shown by the records maintained for that purpose by the
1-47 Federal Aviation Administration Aircraft Registry. The notice must
1-48 state:
1-49 (1) the name, address, and telephone number of the
1-50 holder of the lien under this subchapter;
1-51 (2) the amount due for storage, repairs, or
1-52 maintenance;
1-53 (3) a complete description of the aircraft; and
1-54 (4) the legal right of the holder of the lien under
1-55 this subchapter to sell the aircraft at public auction and apply
1-56 the proceeds to the amount due.
1-57 (b) The notice must be delivered by certified or registered
1-58 mail, return receipt requested.
1-59 Sec. 70.305. Sale of Aircraft. If the holder of a lien
1-60 under this subchapter provides the notice required by Section
1-61 70.304 and the amount due remains unpaid after the 60th day after
1-62 the date of the completion of the contractual storage period or the
1-63 performance of the last repair or maintenance, the holder of the
1-64 lien may sell the aircraft at a public sale and apply the proceeds
1-65 to the amount due. The lienholder shall pay any excess proceeds to
1-66 the person entitled to them.
1-67 SECTION 2. The importance of this legislation and the
1-68 crowded condition of the calendars in both houses create an
2-1 emergency and an imperative public necessity that the
2-2 constitutional rule requiring bills to be read on three several
2-3 days in each house be suspended, and this rule is hereby suspended.
2-4 * * * * *