1-1 AN ACT
1-2 relating to the enforcement of certain liens.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 70.005, Property Code, is amended to read
1-5 as follows:
1-6 Sec. 70.005. SALE OF PROPERTY OTHER THAN MOTOR VEHICLE.
1-7 (a) Except as provided by Subsection (c), a [A] person holding a
1-8 lien under this subchapter on property other than a motor vehicle
1-9 subject to Chapter 501, Transportation Code [the Certificate of
1-10 Title Act, as amended (Article 6687-1, Vernon's Texas Civil
1-11 Statutes)], who retains possession of the property for 60 days
1-12 after the day that the charges accrue shall request the owner to
1-13 pay the unpaid charges due if the owner's residence is in this
1-14 state and known. If the charges are not paid before the 11th day
1-15 after the day of the request, the lienholder may, after 20 days'
1-16 notice, sell the property at a public sale, or if the lien is on a
1-17 garment, at a public or private sale.
1-18 (b) Except as provided by Subsection (c), if [If] the
1-19 residence of the owner of property subject to sale under this
1-20 section is not in this state or not known, the lienholder may sell
1-21 the property without notice at a public sale after the 60th day
1-22 after the day that the unpaid charges accrued.
1-23 (c) A person holding a lien under Section 70.003(a) on an
1-24 animal fed in confinement for slaughter may enforce that lien in
2-1 any manner authorized by Section 9.504, Business & Commerce Code.
2-2 (d) The lienholder shall apply the proceeds of a sale under
2-3 this section to the charges. If the lien is on a garment, the
2-4 lienholder shall apply the proceeds to the charges and the
2-5 reasonable costs of holding the sale. The lienholder shall pay
2-6 excess proceeds to the person entitled to them.
2-7 SECTION 2. This Act takes effect September 1, 1997.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2602 was passed by the House on April
11, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2602 was passed by the Senate on May
12, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor