By: Flores H.B. No. 3511
A BILL TO BE ENTITLED
AN ACT
relating to the possession, storage and sale of motor vehicles,
motorboats, vessels, or outboard motors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 70.004, Chapter 70, Property Code, is
amended to read as follows:
Sec. 70.004. Possession of Motor Vehicle, Motorboat,
Vessel, or Outboard Motor. (a) A holder of a lien under Section
70.003 on a motor vehicle, motorboat, vessel, or outboard motor who
obtains possession of the motor vehicle, motorboat, vessel, or
outboard motor under a state law or city ordinance shall give notice
for a motor vehicle, motorboat, vessel, or outboard motor
registered in this state to the last known registered owner and each
lienholder of record not later than the fifth14th day after the day
possession is obtained. If the motor vehicle, motorboat, vessel,
or outboard motor is registered outside this state, the notice
shall be given to the last known registered owner and each
lienholder of record not later than the 14th30th day after the day
possession is obtained.
(b) Except as provided by Subsection (c), the notice must be
sent by certified mail with return receipt requested and must
contain:
(1) a request to remove the motor vehicle, motorboat,
vessel, or outboard motor;
(2) a request for payment;
(3) the location of the motor vehicle, motorboat, vessel, or
outboard motor; and
(4) the amount of accrued charges.
(c) The notice may be given by publishing the notice once in
a newspaper of general circulation in the county in which the motor
vehicle, motorboat, vessel, or outboard motor is stored if:
(1) the motor vehicle, motorboat, vessel, or outboard motor
is registered in another state;
(2) the holder of the lien submits a written request by
certified mail, return receipt requested, to the governmental
entity with which the motor vehicle, motorboat, vessel, or outboard
motor is registered requesting information relating to the identity
of the last known registered owner and any lienholder of record;
(3) the holder of the lien:
(A) is advised in writing by the governmental entity with
which the motor vehicle, motorboat, vessel, or outboard motor is
registered that the entity is unwilling or unable to provide
information on the last known registered owner or any lienholder of
record; or
(B) does not receive a response from the governmental entity
with which the motor vehicle, motorboat, vessel, or outboard motor
is registered on or before the 21st day after the date the holder of
the lien submits a request under Subdivision (2);
(4) the identity of the last known registered owner cannot
be determined;
(5) the registration does not contain an address for the
last known registered owner; and
(6) the holder of the lien cannot determine the identities
and addresses of the lienholders of record.
(d) The holder of the lien is not required to publish notice
under Subsection (c) if a correctly addressed notice is sent with
sufficient postage under Subsection (b) and is returned as
unclaimed or refused or with a notation that the addressee is
unknown or has moved without leaving a forwarding address.
(e) A person is entitled to fees for towing, impoundment,
preservation, and notification and to reasonable storage fees for
up to five14 days before the day that the notice is mailed or
published, as applicable. After the day that the notice is mailed
or published, the person is entitled to reasonable storage,
impoundment, and preservation fees until the motor vehicle,
motorboat, vessel, or outboard motor is removed and accrued charges
are paid.
(f) A person charging fees under Subsection (e) commits an
offense if the person charges a storage fee for a period of time not
authorized by that subsection. An offense under this subsection is
punishable by a fine of not less than $200 nor more than $1,000.
SECTION 2. This Act takes effect September 1, 2003.