By:  King of Zavala, Raymond, et al.                              H.B. No. 2289



A BILL TO BE ENTITLED

AN ACT

relating to required notice of and a lien resulting from damage to a 
fence. 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 70, Property Code, is amended by adding 
Subchapter F to read as follows:
	SUBCHAPTER F.  LIEN RELATED TO DAMAGED FENCE
	Sec. 70.501.  LANDOWNER'S LIEN.  A person who owns real 
property in this state that is enclosed by a fence or other 
structure obviously designed to exclude intruders or to contain 
livestock or other animals may obtain from a court in this state a 
judgment entitling the person to a lien against the motor vehicle of 
a person who damages the landowner's fence with the motor vehicle if 
the person who damages the landowner's fence:
		(1)  owns the motor vehicle; or                                        
		(2)  has the consent of the owner of the motor vehicle 
to drive the vehicle at the time the person damages the landowner's 
fence.
	Sec. 70.502.  AMOUNT OF LIEN.  The amount of a landowner's 
lien under this subchapter is equal to the lesser of:
		(1)  the fair market value of the motor vehicle on the 
date the landowner's fence is damaged; or
		(2)  the actual cost incurred by the landowner to 
repair the fence and, if any livestock or other animals escaped as a 
direct result of the damage to the fence, to recapture the escaped 
livestock or other animals.
	Sec. 70.503.  PROPERTY TO WHICH LIEN ATTACHES.  A 
landowner's lien under this chapter attaches only to a motor 
vehicle that causes damage to a fence as described by Section 
70.501.
	Sec. 70.504.  PERFECTING LIEN.  A landowner may perfect a 
lien  under this subchapter in the manner provided by Subchapter F, 
Chapter 501, Transportation Code.
	Sec. 70.505.  EXPIRATION AND DISCHARGE OF LIEN.  A lien under 
this subchapter does not expire and is discharged only when the 
landowner receives payment of the lien.
	SECTION 2.  Chapter 370, Local Government Code, is amended 
by adding Section 370.004 to read as follows:
	Sec. 370.004.  NOTICE OF DAMAGED FENCE.  (a)  A peace officer 
employed by a political subdivision of this state who investigates 
or responds to an incident in which a motor vehicle damages a fence 
shall, if the peace officer reasonably believes that the fence is 
intended to contain livestock or other animals:
		(1)  immediately determine the owner of the land on 
which the damaged fence is located; and
		(2)  notify the owner of the type and extent of the 
damage, if the owner has registered with the political subdivision 
in accordance with Subsection (c).
	(b)  A peace officer is not liable to an owner of land or any 
other person for damage resulting from the peace officer's failure 
to notify the owner under Subsection (a).
	(c)  A landowner must provide an agency or department of a 
political subdivision that employs peace officers with the 
following information if the landowner would like a peace officer 
of that agency or department to notify the landowner of damage under 
Subsection (a):
		(1)  the landowner's name, address, and telephone 
number; and        
		(2)  the location and a description of the landowner's 
property.     
	SECTION 3.  Subchapter F, Chapter 70, Property Code, as 
added by this Act, applies only to damage to a fence or other 
enclosure that is caused on or after the effective date of this Act.  
Damage to a fence or other enclosure that is caused before the 
effective date of this Act is governed by the law in effect at the 
time the fence or other enclosure was damaged, and that law is 
continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.