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                                  * * * * *