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.