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