By Patterson                                     S.B. No. 855

      75R5228 JMM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the disposal of certain abandoned vehicles by a vehicle

 1-3     storage facility.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 13, Vehicle Storage Facility Act (Article

 1-6     6687-9a, Revised Statutes), is amended by adding Subsection (d) to

 1-7     read as follows:

 1-8           (d)  If a vehicle for which notice was sent under Subsection

 1-9     (a)  of this section has not, before the 61st day after the date

1-10     notice was mailed, been claimed by a person permitted to claim the

1-11     vehicle or been taken into custody by a law enforcement agency

1-12     under Chapter 683, Transportation Code,  the operator of the

1-13     vehicle storage facility shall send a second notice to the

1-14     registered owner and primary lienholder.  The second notice must

1-15     contain the information required under Subsection (b) of this

1-16     section and a statement of the right of the facility to dispose of

1-17     the vehicle under Section 14B of this Act.

1-18           SECTION 2.  The Vehicle Storage Facility Act (Article

1-19     6687-9a, Revised Statutes) is amended by adding Section 14B to read

1-20     as follows:

1-21           Sec. 14B.  DISPOSAL OF CERTAIN ABANDONED VEHICLES.  (a) The

1-22     operator of a vehicle storage facility may dispose of a vehicle for

1-23     which notice was sent under Section 13(d) of this Act as provided

1-24     by this section if, before the 30th day after the date the notice

 2-1     was mailed, the vehicle has not been:

 2-2                 (1)  claimed by a person entitled to claim the vehicle;

 2-3     or

 2-4                 (2)  taken into custody by a law enforcement agency

 2-5     under Chapter 683, Transportation Code.

 2-6           (b)  An operator entitled to dispose of a vehicle under this

 2-7     section may sell the vehicle at a public sale without being

 2-8     required to obtain a release or discharge of any lien on the

 2-9     vehicle.  The proceeds from the sale of the vehicle shall be

2-10     applied to the charges incurred for the vehicle under Section 14 of

2-11     this Act.  The operator shall pay excess proceeds, if any, to the

2-12     person entitled to them.

2-13           SECTION 3.  This Act takes effect September 1, 1997, and

2-14     applies to a vehicle stored or parked at a vehicle storage facility

2-15     on or after that date.

2-16           SECTION 4.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended.