1-1     By:  Carona                                            S.B. No. 652
 1-2           (In the Senate - Filed February 23, 1999; February 24, 1999,
 1-3     read first time and referred to Committee on Economic Development;
 1-4     March 25, 1999, reported favorably by the following vote:  Yeas 4,
 1-5     Nays 0; March 25, 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.
1-19           (b)  The operator of a vehicle [the] storage facility who
1-20     receives a vehicle that is registered outside this state or the
1-21     United States shall send a written notice to the vehicle's last
1-22     registered owner and all recorded lienholders not later than the
1-23     14th day but not before 24 hours after the date the operator
1-24     receives the vehicle.
1-25           (c)  It is a defense to an action initiated by the department
1-26     for a violation of this section that the facility has attempted in
1-27     writing to obtain information from the governmental entity in which
1-28     the vehicle is registered but was unsuccessful [may charge the
1-29     owner of the vehicle a reasonable fee for sending the notice
1-30     required by this subsection].
1-31           (d) [(b)]  The notice must be sent by certified mail, return
1-32     receipt requested, and must contain:
1-33                 (1)  the date the vehicle was accepted for storage;
1-34                 (2)  the first day for which a storage fee is assessed;
1-35                 (3)  the daily storage rate;
1-36                 (4)  the type and amount of all other charges to be
1-37     paid when the vehicle is claimed;
1-38                 (5)  the full name, street address, and telephone
1-39     number of the facility;
1-40                 (6)  the hours during which the owner may claim the
1-41     vehicle; and
1-42                 (7)  the facility license number preceded by "Texas
1-43     Department of Transportation Vehicle Storage Facility License
1-44     Number."
1-45           (e)  Notice by publication in a newspaper of general
1-46     circulation in the area from where the vehicle was towed may be
1-47     used if:
1-48                 (1)  the identity of the last registered owner cannot
1-49     be determined;
1-50                 (2)  the registration does not contain an address for
1-51     the last registered owner; or
1-52                 (3)  it is impossible to determine with reasonable
1-53     certainty the identity and address of each lienholder.
1-54           (f)  Notice by publication under Subsection (e) of this
1-55     section is not required if a notice given under Subsection (a)  or
1-56     (b) of this section is returned because:
1-57                 (1)  it was unclaimed or refused; or
1-58                 (2)  the addressee moved without leaving a forwarding
1-59     address.
1-60           (g)  Notice by publication must contain all of the
1-61     information required by this section.  The publication may contain
1-62     a list of more than one vehicle, watercraft, or outboard motor.
1-63           (h)  Notice under Subsection (a) or (b) of this section is
1-64     considered to have been given on the date indicated on the postmark
 2-1     and [(c) A notice] is considered to be timely filed if the postmark
 2-2     shows that it was mailed within the [five-day] period provided by
 2-3     Subsection (a) or (b) of this section, as applicable, or if
 2-4     publication was made as authorized by Subsection (e) of this
 2-5     section.
 2-6           (i)  The operator of the storage facility may charge the
 2-7     owner of the vehicle a reasonable fee for giving the notice
 2-8     required by this section.
 2-9           (j) [(d)]  If a vehicle for which notice was given [sent]
2-10     under [Subsection (a) of] this section has not, before the 31st
2-11     [61st] day after the date notice was mailed or published, been
2-12     claimed by a person permitted to claim the vehicle or been taken
2-13     into custody by a law enforcement agency under Chapter 683,
2-14     Transportation Code, the operator of the vehicle storage facility
2-15     shall send a second notice to the registered owner and primary
2-16     lienholder.  The second notice must contain:
2-17                 (1)  the information required under Subsection (d)
2-18     [(b)] of this section;
2-19                 (2)  a statement of the right of the facility to
2-20     dispose of the vehicle under Section 14B of this article; and
2-21                 (3)  a statement that the failure of the owner or
2-22     lienholder to claim the vehicle before the 30th day after the date
2-23     the second notice was mailed is:
2-24                       (A)  a waiver by that person of all right, title,
2-25     and interest in the vehicle; and
2-26                       (B)  a consent to the sale of the vehicle at a
2-27     public sale.
2-28           SECTION 2.  Subsection (a), Section 14B, Vehicle Storage
2-29     Facility Act (Article 6687-9a, Revised Statutes), is amended to
2-30     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.  Subsection (d), Section 14, Vehicle Storage
2-41     Facility Act (Article 6687-9a, Revised Statutes), is amended to
2-42     read as follows:
2-43           (d)  The operator of a vehicle storage facility may charge a
2-44     fee under Subsection (c):
2-45                 (1)  for not more than five days before the date notice
2-46     described by Section 13 of this article is mailed or published; and
2-47                 (2)  after the date notice is mailed or published, for
2-48     each day the vehicle is in storage until the vehicle is removed and
2-49     all accrued charges are paid.
2-50           SECTION 4.  (a)  This Act takes effect September 1, 1999.
2-51     The change in law made by this Act applies only to a vehicle
2-52     received by a vehicle storage facility on or after the effective
2-53     date of this Act.
2-54           (b)  A vehicle received before the effective date of this Act
2-55     is covered by the law in effect when the vehicle was received, and
2-56     the former law is continued in effect for that purpose.
2-57           SECTION 5.  The importance of this legislation and the
2-58     crowded condition of the calendars in both houses create an
2-59     emergency and an imperative public necessity that the
2-60     constitutional rule requiring bills to be read on three several
2-61     days in each house be suspended, and this rule is hereby suspended.
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