1-1 By: Swinford (Senate Sponsor - Haywood) H.B. No. 2602
1-2 (In the Senate - Received from the House April 14, 1997;
1-3 April 16, 1997, read first time and referred to Committee on
1-4 Natural Resources; May 1, 1997, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 1, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the enforcement of certain liens.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 70.005, Property Code, is amended to read
1-11 as follows:
1-12 Sec. 70.005. SALE OF PROPERTY OTHER THAN MOTOR VEHICLE.
1-13 (a) Except as provided by Subsection (c), a [A] person holding a
1-14 lien under this subchapter on property other than a motor vehicle
1-15 subject to Chapter 501, Transportation Code [the Certificate of
1-16 Title Act, as amended (Article 6687-1, Vernon's Texas Civil
1-17 Statutes)], who retains possession of the property for 60 days
1-18 after the day that the charges accrue shall request the owner to
1-19 pay the unpaid charges due if the owner's residence is in this
1-20 state and known. If the charges are not paid before the 11th day
1-21 after the day of the request, the lienholder may, after 20 days'
1-22 notice, sell the property at a public sale, or if the lien is on a
1-23 garment, at a public or private sale.
1-24 (b) Except as provided by Subsection (c), if [If] the
1-25 residence of the owner of property subject to sale under this
1-26 section is not in this state or not known, the lienholder may sell
1-27 the property without notice at a public sale after the 60th day
1-28 after the day that the unpaid charges accrued.
1-29 (c) A person holding a lien under Section 70.003(a) on an
1-30 animal fed in confinement for slaughter may enforce that lien in
1-31 any manner authorized by Section 9.504, Business & Commerce Code.
1-32 (d) The lienholder shall apply the proceeds of a sale under
1-33 this section to the charges. If the lien is on a garment, the
1-34 lienholder shall apply the proceeds to the charges and the
1-35 reasonable costs of holding the sale. The lienholder shall pay
1-36 excess proceeds to the person entitled to them.
1-37 SECTION 2. This Act takes effect September 1, 1997.
1-38 SECTION 3. The importance of this legislation and the
1-39 crowded condition of the calendars in both houses create an
1-40 emergency and an imperative public necessity that the
1-41 constitutional rule requiring bills to be read on three several
1-42 days in each house be suspended, and this rule is hereby suspended.
1-43 * * * * *