1-1 AN ACT
1-2 relating to imposing liens on aircraft for nonpayment of fuel
1-3 charges.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 70.301(a), Property Code, is amended to
1-6 read as follows:
1-7 (a) A person who stores, fuels, repairs, or performs
1-8 maintenance work on an aircraft has a lien on the aircraft for:
1-9 (1) the amount due under a contract for the storage,
1-10 fuel, repairs, or maintenance work; or
1-11 (2) if no amount is specified by contract, the
1-12 reasonable and usual compensation for the storage, fuel, repairs,
1-13 or maintenance work.
1-14 SECTION 2. Section 70.303, Property Code, is amended to read
1-15 as follows:
1-16 Sec. 70.303. Recording of Lien. A holder of a lien under
1-17 this subchapter may record the lien on the aircraft by filing with
1-18 the Federal Aviation Administration Aircraft Registry not later
1-19 than the 180th [120th] day after the date of the completion of the
1-20 contractual storage period or the performance of the last repair or
1-21 maintenance a verified document in the form and manner required by
1-22 applicable federal laws and regulations that states:
1-23 (1) the name, address, and telephone number of the
1-24 holder of the lien under this subchapter;
2-1 (2) the amount due for storage, fuel, repairs, or
2-2 maintenance;
2-3 (3) a complete description of the aircraft; and
2-4 (4) the name and address of the owner of the aircraft
2-5 and the number assigned the aircraft by the Federal Aviation
2-6 Administration, if known.
2-7 SECTION 3. Section 70.304(a), Property Code, is amended to
2-8 read as follows:
2-9 (a) Not later than the 30th day after the date of the
2-10 completion of the contractual storage period or the performance of
2-11 the last fueling, repair, or maintenance, a holder of a lien under
2-12 this subchapter who retains possession of the aircraft shall notify
2-13 the owner shown on the certificate of registration and each holder
2-14 of a lien on the aircraft as shown by the records maintained for
2-15 that purpose by the Federal Aviation Administration Aircraft
2-16 Registry. The notice must state:
2-17 (1) the name, address, and telephone number of the
2-18 holder of the lien under this subchapter;
2-19 (2) the amount due for storage, fuel, repairs, or
2-20 maintenance;
2-21 (3) a complete description of the aircraft; and
2-22 (4) the legal right of the holder of the lien under
2-23 this subchapter to sell the aircraft at public auction and apply
2-24 the proceeds to the amount due.
2-25 SECTION 4. Section 70.305, Property Code, is amended to read
2-26 as follows:
2-27 Sec. 70.305. SALE OF AIRCRAFT. If the holder of a lien under
3-1 this subchapter provides the notice required by Section 70.304 and
3-2 the amount due remains unpaid after the 60th day after the date of
3-3 the completion of the contractual storage period or the performance
3-4 of the last fueling, repair, or maintenance, the holder of the lien
3-5 may sell the aircraft at a public sale and apply the proceeds to
3-6 the amount due. The lienholder shall pay any excess proceeds to
3-7 the person entitled to them.
3-8 SECTION 5. This Act takes effect September 1, 2001, and
3-9 applies only to the fueling of an aircraft performed on or after
3-10 that date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3081 was passed by the House on
May 11, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3081 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3081 was passed by the Senate, with
amendments, on May 23, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor