By: Leedom S.B. No. 549
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the storage and sale of certain vehicles.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (a), Section 70.006, Property Code, is
1-4 amended to read as follows:
1-5 (a) A holder of a lien under this subchapter on a motor
1-6 vehicle subject to the Certificate of Title Act, as amended
1-7 (Article 6687-1, Vernon's Texas Civil Statutes), or on a motorboat,
1-8 vessel, or outboard motor for which a certificate of title is
1-9 required under Subchapter B, Chapter 31, Parks and Wildlife Code,
1-10 as amended, who retains possession of the vehicle, motorboat,
1-11 vessel, or outboard motor for 30 days after the day that the
1-12 charges accrue shall give written notice to the owner and each
1-13 holder of a lien recorded on the certificate of title. The notice
1-14 must be sent by certified mail with return receipt requested and
1-15 must include the amount of the charges and a request for payment.
1-16 The holder of a lien under this subchapter is not required as a
1-17 condition of sale under Subsection (b) to obtain a release of a
1-18 lien held by a person to whom the holder of the lien under this
1-19 subchapter has given notice as provided by this section.
1-20 SECTION 2. Section 70.007, Property Code, is amended to read
1-21 as follows:
1-22 Sec. 70.007. Unclaimed Excess. (a) If a person entitled to
1-23 excess proceeds under this subchapter is not known or has moved
2-1 from this state or the county in which the lien accrued, the person
2-2 holding the excess shall:
2-3 (1) pay it to the county treasurer of the county in
2-4 which the lien accrued; and
2-5 (2) send a notice to the last known address of the
2-6 person stating:
2-7 (A) the date of the sale;
2-8 (B) the amount of proceeds from the sale;
2-9 (C) the amount of the proceeds applied to
2-10 charges under Section 70.006(b); and
2-11 (D) that excess proceeds have been paid to and
2-12 may be claimed from the county treasurer of the county specified in
2-13 the notice.
2-14 (b) The treasurer shall issue the person a receipt for the
2-15 payment.
2-16 (c) <(b)> If the person entitled to the excess does not
2-17 claim it before two years after the day it is paid to the
2-18 treasurer, the excess becomes a part of the county's general fund.
2-19 SECTION 3. This Act takes effect September 1, 1995.
2-20 SECTION 4. The importance of this legislation and the
2-21 crowded condition of the calendars in both houses create an
2-22 emergency and an imperative public necessity that the
2-23 constitutional rule requiring bills to be read on three several
2-24 days in each house be suspended, and this rule is hereby suspended.