1-1 By: Leedom S.B. No. 549
1-2 (In the Senate - Filed February 14, 1995; February 15, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 February 28, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0;
1-6 February 28, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 549 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the storage and sale of certain vehicles.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (a), Section 70.006, Property Code, is
1-13 amended to read as follows:
1-14 (a) A holder of a lien under this subchapter on a motor
1-15 vehicle subject to the Certificate of Title Act, as amended
1-16 (Article 6687-1, Vernon's Texas Civil Statutes), or on a motorboat,
1-17 vessel, or outboard motor for which a certificate of title is
1-18 required under Subchapter B, Chapter 31, Parks and Wildlife Code,
1-19 as amended, who retains possession of the vehicle, motorboat,
1-20 vessel, or outboard motor for 30 days after the day that the
1-21 charges accrue shall give written notice to the owner and each
1-22 holder of a lien recorded on the certificate of title. The notice
1-23 must be sent by certified mail with return receipt requested and
1-24 must include the amount of the charges and a request for payment.
1-25 The holder of a lien under this subchapter is not required as a
1-26 condition of sale under Subsection (b) to obtain a release of a
1-27 lien held by a person to whom the holder of the lien under this
1-28 subchapter has given notice as provided by this section.
1-29 SECTION 2. Section 70.007, Property Code, is amended to read
1-30 as follows:
1-31 Sec. 70.007. Unclaimed Excess. (a) If a person entitled to
1-32 excess proceeds under this subchapter is not known or has moved
1-33 from this state or the county in which the lien accrued, the person
1-34 holding the excess shall:
1-35 (1) pay it to the county treasurer of the county in
1-36 which the lien accrued; and
1-37 (2) send a notice to the last known address of the
1-38 person stating:
1-39 (A) the date of the sale;
1-40 (B) the amount of proceeds from the sale;
1-41 (C) the amount of the proceeds applied to
1-42 charges under Section 70.006(b); and
1-43 (D) that excess proceeds have been paid to and
1-44 may be claimed from the county treasurer of the county specified in
1-45 the notice.
1-46 (b) The treasurer shall issue the person a receipt for the
1-47 payment.
1-48 (c) <(b)> If the person entitled to the excess does not
1-49 claim it before two years after the day it is paid to the
1-50 treasurer, the excess becomes a part of the county's general fund.
1-51 SECTION 3. This Act takes effect September 1, 1995.
1-52 SECTION 4. The importance of this legislation and the
1-53 crowded condition of the calendars in both houses create an
1-54 emergency and an imperative public necessity that the
1-55 constitutional rule requiring bills to be read on three several
1-56 days in each house be suspended, and this rule is hereby suspended.
1-57 * * * * *