SRC-AXB H.B. 1356 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1356
76R5054  MLS-FBy: Bosse (Carona)
Jurisprudence
4/15/1999
Engrossed


DIGEST 

Currently, the Property Code does not address the notification process for
vehicles with liens that are not registered in Texas.  Additionally,
problems arise when a lienholder is unable to obtain necessary contact
information to officially notify certain entities of the possession of
property.  H.B. 1356 streamlines and expands notification procedures for
the lienholder to notify the last known registered owner of certain
property. 

PURPOSE

As proposed, H.B. 1356 streamlines and expands the required notification
procedures for certain lienholders in the process of obtaining possession
of property. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 70.004, Property Code, to require a holder of a
lien under Section 70.003, Property Code, for certain property to give
notice for a motor vehicle, motorboat, vessel, or outboard motor registered
in Texas to certain entities by the fifth day after possession of the
property is obtained.  Requires notice to be given by the 14th day after
possession is obtained, if the property is registered outside of Texas.
Sets forth procedures for giving notice, and sets forth provisions for
returned notice.  Entitles a person to impoundment, rather than
preservation fees.  Makes conforming and nonsubstantive changes. 

SECTION 2.  Amends Section 70.006, Property Code, to require the lienholder
who retains possession of a motor vehicle, boat or outboard motor
registered outside this state to give notice to the last known registered
owner and each lienholder.  Sets forth procedures for giving notice, and
creates  a provision for returned notification.  Makes conforming changes. 

SECTION 3.Effective date:  September 1, 1999.
  Makes application of this Act prospective.

SECTION 4.  Emergency clause.