1-1 By: Burnam, Brimer (Senate Sponsor - Moncrief) H.B. No. 3081 1-2 (In the Senate - Received from the House May 11, 2001; 1-3 May 11, 2001, read first time and referred to Committee on Business 1-4 and Commerce; May 11, 2001, reported favorably by the following 1-5 vote: Yeas 4, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to imposing liens on aircraft for nonpayment of fuel 1-9 charges. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subsection (a), Section 70.301, Property Code, is 1-12 amended to read as follows: 1-13 (a) A person who stores, fuels, repairs, or performs 1-14 maintenance work on an aircraft has a lien on the aircraft for: 1-15 (1) the amount due under a contract for the storage, 1-16 fuel, repairs, or maintenance work; or 1-17 (2) if no amount is specified by contract, the 1-18 reasonable and usual compensation for the storage, fuel, repairs, 1-19 or maintenance work. 1-20 SECTION 2. Section 70.303, Property Code, is amended to read 1-21 as follows: 1-22 Sec. 70.303. Recording of Lien. A holder of a lien under 1-23 this subchapter may record the lien on the aircraft by filing with 1-24 the Federal Aviation Administration Aircraft Registry not later 1-25 than the 120th day after the date of the completion of the 1-26 contractual storage period or the performance of the last repair or 1-27 maintenance a verified document in the form and manner required by 1-28 applicable federal laws and regulations that states: 1-29 (1) the name, address, and telephone number of the 1-30 holder of the lien under this subchapter; 1-31 (2) the amount due for storage, fuel, repairs, or 1-32 maintenance; 1-33 (3) a complete description of the aircraft; and 1-34 (4) the name and address of the owner of the aircraft 1-35 and the number assigned the aircraft by the Federal Aviation 1-36 Administration, if known. 1-37 SECTION 3. Subsection (a), Section 70.304, Property Code, is 1-38 amended to read as follows: 1-39 (a) Not later than the 30th day after the date of the 1-40 completion of the contractual storage period or the performance of 1-41 the last fueling, repair, or maintenance, a holder of a lien under 1-42 this subchapter who retains possession of the aircraft shall notify 1-43 the owner shown on the certificate of registration and each holder 1-44 of a lien on the aircraft as shown by the records maintained for 1-45 that purpose by the Federal Aviation Administration Aircraft 1-46 Registry. The notice must state: 1-47 (1) the name, address, and telephone number of the 1-48 holder of the lien under this subchapter; 1-49 (2) the amount due for storage, fuel, repairs, or 1-50 maintenance; 1-51 (3) a complete description of the aircraft; and 1-52 (4) the legal right of the holder of the lien under 1-53 this subchapter to sell the aircraft at public auction and apply 1-54 the proceeds to the amount due. 1-55 SECTION 4. Section 70.305, Property Code, is amended to read 1-56 as follows: 1-57 Sec. 70.305. SALE OF AIRCRAFT. If the holder of a lien under 1-58 this subchapter provides the notice required by Section 70.304 and 1-59 the amount due remains unpaid after the 60th day after the date of 1-60 the completion of the contractual storage period or the performance 1-61 of the last fueling, repair, or maintenance, the holder of the lien 1-62 may sell the aircraft at a public sale and apply the proceeds to 1-63 the amount due. The lienholder shall pay any excess proceeds to 1-64 the person entitled to them. 2-1 SECTION 5. This Act takes effect September 1, 2001, and 2-2 applies only to the fueling of an aircraft performed on or after 2-3 that date. 2-4 * * * * *