By: Moncrief S.B. No. 1374
2001S0754/1
A BILL TO BE ENTITLED
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. Subsection (a), Section 70.301, Property Code, is
1-6 amended to 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 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;
1-25 (2) the amount due for storage, fuel, repairs, or
2-1 maintenance;
2-2 (3) a complete description of the aircraft; and
2-3 (4) the name and address of the owner of the aircraft
2-4 and the number assigned the aircraft by the Federal Aviation
2-5 Administration, if known.
2-6 SECTION 3. Subsection (a), Section 70.304, Property Code, is
2-7 amended to read as follows:
2-8 (a) Not later than the 30th day after the date of the
2-9 completion of the contractual storage period or the performance of
2-10 the last fueling, repair, or maintenance, a holder of a lien under
2-11 this subchapter who retains possession of the aircraft shall notify
2-12 the owner shown on the certificate of registration and each holder
2-13 of a lien on the aircraft as shown by the records maintained for
2-14 that purpose by the Federal Aviation Administration Aircraft
2-15 Registry. The notice must state:
2-16 (1) the name, address, and telephone number of the
2-17 holder of the lien under this subchapter;
2-18 (2) the amount due for storage, fuel, repairs, or
2-19 maintenance;
2-20 (3) a complete description of the aircraft; and
2-21 (4) the legal right of the holder of the lien under
2-22 this subchapter to sell the aircraft at public auction and apply
2-23 the proceeds to the amount due.
2-24 SECTION 4. Section 70.305, Property Code, is amended to read
2-25 as follows:
2-26 Sec. 70.305. SALE OF AIRCRAFT. If the holder of a lien
3-1 under this subchapter provides the notice required by Section
3-2 70.304 and the amount due remains unpaid after the 60th day after
3-3 the date of the completion of the contractual storage period or the
3-4 performance of the last fueling, repair, or maintenance, the holder
3-5 of the lien may sell the aircraft at a public sale and apply the
3-6 proceeds to the amount due. The lienholder shall pay any excess
3-7 proceeds to 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.