By Bosse H.B. No. 1356
76R5054 MLS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to possessory liens on certain motor vehicles, motorboats,
1-3 vessels, or outboard motors.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 70.004, Property Code, is amended to read
1-6 as follows:
1-7 Sec. 70.004. POSSESSION OF MOTOR VEHICLE, MOTORBOAT, VESSEL,
1-8 OR OUTBOARD MOTOR. (a) A holder of a lien under Section 70.003 on
1-9 a motor vehicle, motorboat, vessel, or outboard motor who obtains
1-10 possession of the motor vehicle, motorboat, vessel, or outboard
1-11 motor under a state law or city ordinance shall give notice for a
1-12 motor vehicle, motorboat, vessel, or outboard motor registered in
1-13 this state to the last known registered owner and each lienholder
1-14 of record not later than the fifth [10th] day after the day
1-15 possession is obtained. If the motor vehicle, motorboat, vessel,
1-16 or outboard motor is registered outside this state, the notice
1-17 shall be given to the last known registered owner and each
1-18 lienholder of record not later than the 14th day after the day
1-19 possession is obtained.
1-20 (b) Except as provided by Subsection (c), the [The] notice
1-21 must be sent by certified mail with return receipt requested and
1-22 must contain:
1-23 (1) a request to remove the motor vehicle, motorboat,
1-24 vessel, or outboard motor;
2-1 (2) a request for payment;
2-2 (3) the location of the motor vehicle, motorboat,
2-3 vessel, or outboard motor; and
2-4 (4) the amount of accrued charges.
2-5 (c) The notice may be given by publishing the notice once in
2-6 a newspaper of general circulation in the county in which the motor
2-7 vehicle, motorboat, vessel, or outboard motor is stored if:
2-8 (1) the holder of the lien is unsuccessful after
2-9 attempting in writing to obtain information on the last known
2-10 registered owner and each lienholder of record from the
2-11 governmental entity with which the motor vehicle, motorboat,
2-12 vessel, or outboard motor is registered;
2-13 (2) the identity of the last known registered owner
2-14 cannot be determined;
2-15 (3) the registration does not contain an address for
2-16 the last known registered owner; or
2-17 (4) the holder of the lien cannot determine with
2-18 reasonable certainty the identities and addresses of the
2-19 lienholders of record.
2-20 (d) The holder of the lien is not required to publish notice
2-21 under Subsection (c) if a notice sent under Subsection (b) is
2-22 returned as unclaimed, refused, or for any other reason.
2-23 (e) [(c)] A person is entitled to fees for towing,
2-24 impoundment [preservation], and notification and to reasonable
2-25 storage fees for up to five [5] days before the day that the notice
2-26 is mailed or published, as applicable. After the day that the
2-27 notice is mailed or published, the person is entitled to reasonable
3-1 storage and impoundment [preservation] fees until the motor
3-2 vehicle, motorboat, vessel, or outboard motor is removed and
3-3 accrued charges are paid.
3-4 (f) [(d)] A person charging fees under Subsection (e) [(c)]
3-5 commits an offense if the person charges a storage fee for a period
3-6 of time not authorized by that subsection. An offense under this
3-7 subsection is punishable by a fine of not less than $200 nor more
3-8 than $1,000.
3-9 SECTION 2. Section 70.006, Property Code, is amended to read
3-10 as follows:
3-11 Sec. 70.006. SALE OF MOTOR VEHICLE, MOTORBOAT, VESSEL, OR
3-12 OUTBOARD MOTOR. (a) A holder of a lien under this subchapter on a
3-13 motor vehicle subject to Chapter 501, Transportation Code, or on a
3-14 motorboat, vessel, or outboard motor for which a certificate of
3-15 title is required under Subchapter B, Chapter 31, Parks and
3-16 Wildlife Code, as amended, who retains possession of the motor
3-17 vehicle, motorboat, vessel, or outboard motor for 30 days after the
3-18 day that the charges accrue shall give written notice to the owner
3-19 and each holder of a lien recorded on the certificate of title. If
3-20 the motor vehicle, motorboat, vessel, or outboard motor is
3-21 registered outside this state, the holder of a lien under this
3-22 subchapter who retains possession during that period shall give
3-23 notice to the last known registered owner and each lienholder of
3-24 record.
3-25 (b) Except as provided by Subsection (c), the [The] notice
3-26 must be sent by certified mail with return receipt requested and
3-27 must include the amount of the charges and a request for payment.
4-1 (c) The notice may be given by publishing the notice once in
4-2 a newspaper of general circulation in the county in which the motor
4-3 vehicle, motorboat, vessel, or outboard motor is stored if:
4-4 (1) the holder of the lien is unsuccessful after
4-5 attempting in writing to obtain information on the last known
4-6 registered owner and each lienholder of record from the
4-7 governmental entity with which the motor vehicle, motorboat,
4-8 vessel, or outboard motor is registered;
4-9 (2) the identity of the last known registered owner
4-10 cannot be determined;
4-11 (3) the registration does not contain an address for
4-12 the last known registered owner; or
4-13 (4) the holder of the lien cannot determine with
4-14 reasonable certainty the identities and addresses of the
4-15 lienholders of record.
4-16 (d) The holder of the lien is not required to publish notice
4-17 under Subsection (c) if a notice sent under Subsection (b) is
4-18 returned as unclaimed, refused, or for any other reason.
4-19 (e) [(b)] If the charges are not paid before the 31st day
4-20 after the day that the notice is mailed or published, as
4-21 applicable, the lienholder may sell the motor vehicle, motorboat,
4-22 vessel, or outboard motor at a public sale and apply the proceeds
4-23 to the charges. The lienholder shall pay excess proceeds to the
4-24 person entitled to them.
4-25 SECTION 3. (a) This Act takes effect September 1, 1999.
4-26 (b) This Act applies only to a lien on a motor vehicle,
4-27 motorboat, vessel, or outboard motor the possession of which is
5-1 obtained on or after the effective date of this Act. A lien on a
5-2 motor vehicle, motorboat, vessel, or outboard motor the possession
5-3 of which was obtained before that date is governed by the law in
5-4 effect at the time possession was obtained, and the former law is
5-5 continued in effect for that purpose.
5-6 SECTION 4. The importance of this legislation and the
5-7 crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.