1-1     By:  Bosse (Senate Sponsor - Carona)                  H.B. No. 1376
 1-2           (In the Senate - Received from the House April 16, 1999;
 1-3     April 19, 1999, read first time and referred to Committee on
 1-4     Economic Development; May 5, 1999, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 5, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the notice provided to an owner of a vehicle towed to a
 1-9     vehicle storage facility.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 13, Vehicle Storage Facility Act (Article
1-12     6687-9a, Revised Statutes), is amended to read as follows:
1-13           Sec. 13.  NOTIFICATION OF OWNER.  (a)  The operator of a
1-14     vehicle storage facility who receives a vehicle that is registered
1-15     in this state and has been towed to the facility for storage shall,
1-16     not later than the fifth day but not before 24 hours after the date
1-17     the operator receives the vehicle, send a written notice to the
1-18     registered owner and the primary lienholder of the vehicle.  [The
1-19     operator of the storage facility may charge the owner of the
1-20     vehicle a reasonable fee for sending the notice required by this
1-21     subsection.]
1-22           (b)  The operator of a vehicle storage facility who receives
1-23     a vehicle that is registered outside this state or the United
1-24     States shall send a written notice to the vehicle's last registered
1-25     owner and all recorded lienholders not later than the 14th day but
1-26     not before 24 hours after the date the operator receives the
1-27     vehicle.
1-28           (c)  It is a defense to an action initiated by the department
1-29     for a violation of this section that the facility has attempted in
1-30     writing to obtain information from the governmental entity in which
1-31     the vehicle is registered but was unsuccessful.
1-32           (d) [(b)]  The notice must be sent by certified mail, return
1-33     receipt requested, and must contain:
1-34                 (1)  the date the vehicle was accepted for storage;
1-35                 (2)  the first day for which a storage fee is assessed;
1-36                 (3)  the daily storage rate;
1-37                 (4)  the type and amount of all other charges to be
1-38     paid when the vehicle is claimed;
1-39                 (5)  the full name, street address, and telephone
1-40     number of the facility;
1-41                 (6)  the hours during which the owner may claim the
1-42     vehicle; and
1-43                 (7)  the facility license number preceded by "Texas
1-44     Department of Transportation Vehicle Storage Facility License
1-45     Number."
1-46           (e)  Notice by publication in a newspaper of general
1-47     circulation in the area from where the vehicle was towed may be
1-48     used if:
1-49                 (1)  the identity of the last registered owner cannot
1-50     be determined;
1-51                 (2)  the registration does not contain an address for
1-52     the last registered owner; or
1-53                 (3)  it is impossible to determine with reasonable
1-54     certainty the identity and address of each lienholder.
1-55           (f)  Notice by publication under Subsection (e) of this
1-56     section is not required if a notice given under Subsection (a)  or
1-57     (b) of this section is returned because:
1-58                 (1)  it was unclaimed or refused; or
1-59                 (2)  the addressee moved without leaving a forwarding
1-60     address.
1-61           (g)  Notice by publication must contain all of the
1-62     information required by this section.  The publication may contain
1-63     a list of more than one vehicle, watercraft, or outboard motor.
1-64           (h)  Notice under Subsection (a)  or (b) of this section is
 2-1     considered to have been given on the date indicated on the postmark
 2-2     and [(c)  A notice] is considered to be timely filed if the
 2-3     postmark shows that it was mailed within the [five-day] period
 2-4     provided by Subsection (a) or (b) of this section, as applicable,
 2-5     or if publication was made as authorized by Subsection (e) of this
 2-6     section.
 2-7           (i)  The operator of the storage facility may charge the
 2-8     owner of the vehicle a reasonable fee for giving the notice
 2-9     required by this section.
2-10           (j) [(d)]  If a vehicle for which notice was given [sent]
2-11     under [Subsection (a) of] this section has not, before the 31st
2-12     [61st] day after the date notice was mailed or published, been
2-13     claimed by a person permitted to claim the vehicle or been taken
2-14     into custody by a law enforcement agency under Chapter 683,
2-15     Transportation Code, the operator of the vehicle storage facility
2-16     shall send a second notice to the registered owner and primary
2-17     lienholder.  The second notice must contain:
2-18                 (1)  the information required under Subsection (d)
2-19     [(b)] of this section;
2-20                 (2)  a statement of the right of the facility to
2-21     dispose of the vehicle under Section 14B of this article; and
2-22                 (3)  a statement that the failure of the owner or
2-23     lienholder to claim the vehicle before the 30th day after the date
2-24     the second notice was mailed is:
2-25                       (A)  a waiver by that person of all right, title,
2-26     and interest in the vehicle; and
2-27                       (B)  a consent to the sale of the vehicle at a
2-28     public sale.
2-29           SECTION 2.  Section 14B(a), Vehicle Storage Facility Act
2-30     (Article 6687-9a, Revised Statutes), is amended to read as follows:
2-31           (a)  The operator of a vehicle storage facility may dispose
2-32     of a vehicle for which notice was given [sent] under Section 13(j)
2-33     [13(d)] of this article as provided by this section if, before the
2-34     30th day after the date the notice was mailed, the vehicle has not
2-35     been:
2-36                 (1)  claimed by a person entitled to claim the vehicle;
2-37     or
2-38                 (2)  taken into custody by a law enforcement agency
2-39     under Chapter 683, Transportation Code.
2-40           SECTION 3.  Section 14(d), Vehicle Storage Facility Act
2-41     (Article 6687-9a, Revised Statutes), is amended to read as follows:
2-42           (d)  The operator of a vehicle storage facility may charge a
2-43     fee under Subsection (c):
2-44                 (1)  for not more than five days before the date notice
2-45     described by Section 13 of this article is mailed or published; and
2-46                 (2)  after the date notice is mailed or published, for
2-47     each day the vehicle is in storage until the vehicle is removed and
2-48     all accrued charges are paid.
2-49           SECTION 4.  (a)  This Act takes effect September 1, 1999.
2-50     The change in law made by this Act applies only to a vehicle
2-51     received by a vehicle storage facility on or after the effective
2-52     date of this Act.
2-53           (b)  A vehicle received before the effective date of this Act
2-54     is covered by the law in effect when the vehicle was received, and
2-55     the former law is continued in effect for that purpose.
2-56           SECTION 5.  The importance of this legislation and the
2-57     crowded condition of the calendars in both houses create an
2-58     emergency and an imperative public necessity that the
2-59     constitutional rule requiring bills to be read on three several
2-60     days in each house be suspended, and this rule is hereby suspended.
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