1-1 AN ACT
1-2 relating to the notice provided to an owner of a vehicle towed to a
1-3 vehicle 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 to read as follows:
1-7 Sec. 13. NOTIFICATION OF OWNER. (a) The operator of a
1-8 vehicle storage facility who receives a vehicle that is registered
1-9 in this state and has been towed to the facility for storage shall,
1-10 not later than the fifth day but not before 24 hours after the date
1-11 the operator receives the vehicle, send a written notice to the
1-12 registered owner and the primary lienholder of the vehicle. [The
1-13 operator of the storage facility may charge the owner of the
1-14 vehicle a reasonable fee for sending the notice required by this
1-15 subsection.]
1-16 (b) The operator of a vehicle storage facility who receives
1-17 a vehicle that is registered outside this state or the United
1-18 States shall send a written notice to the vehicle's last registered
1-19 owner and all recorded lienholders not later than the 14th day but
1-20 not before 24 hours after the date the operator receives the
1-21 vehicle.
1-22 (c) It is a defense to an action initiated by the department
1-23 for a violation of this section that the facility has attempted in
1-24 writing to obtain information from the governmental entity in which
2-1 the vehicle is registered but was unsuccessful.
2-2 (d) [(b)] The notice must be correctly addressed, with
2-3 sufficient postage, sent by certified mail, return receipt
2-4 requested, and must contain:
2-5 (1) the date the vehicle was accepted for storage;
2-6 (2) the first day for which a storage fee is assessed;
2-7 (3) the daily storage rate;
2-8 (4) the type and amount of all other charges to be
2-9 paid when the vehicle is claimed;
2-10 (5) the full name, street address, and telephone
2-11 number of the facility;
2-12 (6) the hours during which the owner may claim the
2-13 vehicle; and
2-14 (7) the facility license number preceded by "Texas
2-15 Department of Transportation Vehicle Storage Facility License
2-16 Number."
2-17 (e) Notice by publication in a newspaper of general
2-18 circulation in the county in which the vehicle is stored may be
2-19 used if:
2-20 (1) the vehicle is registered in another state;
2-21 (2) the operator of the storage facility submits a
2-22 written request that is correctly addressed, with sufficient
2-23 postage, and is sent by certified mail, return receipt requested,
2-24 to the governmental entity in which the vehicle is registered
2-25 requesting information relating to the identity of the last known
2-26 registered owner and any lienholder of record;
2-27 (3) the identity of the last known registered owner
3-1 cannot be determined;
3-2 (4) the registration does not contain an address for
3-3 the last known registered owner; and
3-4 (5) the operator of the storage facility cannot
3-5 reasonably determine the identity and address of each lienholder.
3-6 (f) Notice by publication under Subsection (e) of this
3-7 section is not required if all correctly addressed notices sent
3-8 with sufficient postage under Subsection (a) or (b) of this section
3-9 are returned because:
3-10 (1) the notices were unclaimed or refused; or
3-11 (2) the addressees moved without leaving a forwarding
3-12 address.
3-13 (g) Notice by publication must contain all of the
3-14 information required by this section. The publication may contain
3-15 a list of more than one vehicle, watercraft, or outboard motor.
3-16 (h) Notice under Subsection (a) or (b) of this section is
3-17 considered to have been given on the date indicated on the postmark
3-18 and [(c) A notice] is considered to be timely filed if the
3-19 postmark shows that it was mailed within the [five-day] period
3-20 provided by Subsection (a) or (b) of this section, as applicable,
3-21 or if publication was made as authorized by Subsection (e) of this
3-22 section.
3-23 (i) The operator of the storage facility may charge the
3-24 owner of the vehicle a reasonable fee for giving the notice
3-25 required by this section.
3-26 (j) [(d)] If a vehicle for which notice was given [sent]
3-27 under [Subsection (a) of] this section has not, before the 41st
4-1 [61st] day after the date notice was mailed or published, been
4-2 claimed by a person permitted to claim the vehicle or been taken
4-3 into custody by a law enforcement agency under Chapter 683,
4-4 Transportation Code, the operator of the vehicle storage facility
4-5 shall send a second notice to the registered owner and primary
4-6 lienholder. The second notice must contain:
4-7 (1) the information required under Subsection (d)
4-8 [(b)] of this section;
4-9 (2) a statement of the right of the facility to
4-10 dispose of the vehicle under Section 14B of this article; and
4-11 (3) a statement that the failure of the owner or
4-12 lienholder to claim the vehicle before the 30th day after the date
4-13 the second notice was mailed is:
4-14 (A) a waiver by that person of all right, title,
4-15 and interest in the vehicle; and
4-16 (B) a consent to the sale of the vehicle at a
4-17 public sale.
4-18 SECTION 2. Section 14B(a), Vehicle Storage Facility Act
4-19 (Article 6687-9a, Revised Statutes), is amended to read as follows:
4-20 (a) The operator of a vehicle storage facility may dispose
4-21 of a vehicle for which notice was given [sent] under Section 13(j)
4-22 [13(d)] of this article as provided by this section if, before the
4-23 30th day after the date the notice was mailed, the vehicle has not
4-24 been:
4-25 (1) claimed by a person entitled to claim the vehicle;
4-26 or
4-27 (2) taken into custody by a law enforcement agency
5-1 under Chapter 683, Transportation Code.
5-2 SECTION 3. Section 14(d), Vehicle Storage Facility Act
5-3 (Article 6687-9a, Revised Statutes), is amended to read as follows:
5-4 (d) The operator of a vehicle storage facility may charge a
5-5 fee under Subsection (c):
5-6 (1) for not more than five days before the date notice
5-7 described by Section 13 of this article is mailed or published; and
5-8 (2) after the date notice is mailed or published, for
5-9 each day the vehicle is in storage until the vehicle is removed and
5-10 all accrued charges are paid.
5-11 SECTION 4. (a) This Act takes effect September 1, 1999.
5-12 The change in law made by this Act applies only to a vehicle
5-13 received by a vehicle storage facility on or after the effective
5-14 date of this Act.
5-15 (b) A vehicle received before the effective date of this Act
5-16 is covered by the law in effect when the vehicle was received, and
5-17 the former law is continued in effect for that purpose.
5-18 SECTION 5. The importance of this legislation and the
5-19 crowded condition of the calendars in both houses create an
5-20 emergency and an imperative public necessity that the
5-21 constitutional rule requiring bills to be read on three several
5-22 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1376 was passed by the House on April
15, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1376 on May 12, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1376 on May 30, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1376 was passed by the Senate, with
amendments, on May 10, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 1376 on May 30, 1999,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor