AN ACT 1-1 relating to the disposal of certain abandoned vehicles by a vehicle 1-2 storage facility. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 13, Vehicle Storage Facility Act (Article 1-5 6687-9a, Revised Statutes), is amended by adding Subsection (d) to 1-6 read as follows: 1-7 (d) If a vehicle for which notice was sent under Subsection 1-8 (a) of this section has not, before the 61st day after the date 1-9 notice was mailed, been claimed by a person permitted to claim the 1-10 vehicle or been taken into custody by a law enforcement agency 1-11 under Chapter 683, Transportation Code, the operator of the 1-12 vehicle storage facility shall send a second notice to the 1-13 registered owner and primary lienholder. The second notice must 1-14 contain: 1-15 (1) the information required under Subsection (b) of 1-16 this section; 1-17 (2) a statement of the right of the facility to 1-18 dispose of the vehicle under Section 14B of this article; and 1-19 (3) a statement that the failure of the owner or 1-20 lienholder to claim the vehicle before the 30th day after the date 1-21 the second notice was mailed is: 1-22 (A) a waiver by that person of all right, title, 1-23 and interest in the vehicle; and 2-1 (B) a consent to the sale of the vehicle at a 2-2 public sale. 2-3 SECTION 2. The Vehicle Storage Facility Act (Article 2-4 6687-9a, Revised Statutes) is amended by adding Section 14B to read 2-5 as follows: 2-6 Sec. 14B. DISPOSAL OF CERTAIN ABANDONED VEHICLES. (a) The 2-7 operator of a vehicle storage facility may dispose of a vehicle for 2-8 which notice was sent under Section 13(d) of this article as 2-9 provided by this section if, before the 30th day after the date the 2-10 notice was mailed, the vehicle has not been: 2-11 (1) claimed by a person entitled to claim the vehicle; 2-12 or 2-13 (2) taken into custody by a law enforcement agency 2-14 under Chapter 683, Transportation Code. 2-15 (b) An operator entitled to dispose of a vehicle under this 2-16 section may sell the vehicle at a public sale without being 2-17 required to obtain a release or discharge of any lien on the 2-18 vehicle. The proceeds from the sale of the vehicle shall be 2-19 applied to the charges incurred for the vehicle under Section 14 of 2-20 this article. The operator shall pay excess proceeds, if any, to 2-21 the person entitled to them. 2-22 SECTION 3. This Act takes effect September 1, 1997, and 2-23 applies to a vehicle stored or parked at a vehicle storage facility 2-24 on or after that date. 2-25 SECTION 4. The importance of this legislation and the 3-1 crowded condition of the calendars in both houses create an 3-2 emergency and an imperative public necessity that the 3-3 constitutional rule requiring bills to be read on three several 3-4 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 855 passed the Senate on April 10, 1997, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 855 passed the House on April 17, 1997, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor