79R440 AJA-D

By:  Wentworth                                                    S.B. No. 149



A BILL TO BE ENTITLED

AN ACT

relating to recording of aircraft repair and maintenance liens.               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 70.303, Property Code, is amended to 
read as follows:    
	Sec. 70.303.  RECORDING OF LIEN.  (a) A holder of a lien 
under this subchapter may record the lien on the aircraft by filing 
with the Federal Aviation Administration Aircraft Registry or the 
secretary of state not later than the 180th day after the date of 
the completion of the contractual storage period or the performance 
of the last repair or maintenance a verified document in the form 
and manner required by applicable federal or state laws and 
regulations that states:
		(1)  the name, address, and telephone number of the 
holder of the lien under this subchapter;
		(2)  the amount due for storage, fuel, repairs, or 
maintenance;             
		(3)  a complete description of the aircraft;  and                             
		(4)  the name and address of the owner of the aircraft 
and the number assigned the aircraft by the Federal Aviation 
Administration, if known.
	(b)  The secretary of state shall maintain a record of 
information filed with the secretary of state under this section 
and index the records in the name of the owner of the aircraft.
	SECTION 2.  Section 70.304(a), Property Code, is amended to 
read as follows: 
	(a)  Not later than the 30th day after the date of the 
completion of the contractual storage period or the performance of 
the last fueling, repair, or maintenance, a holder of a lien under 
this subchapter who retains possession of the aircraft shall notify 
the owner shown on the certificate of registration and each holder 
of a lien on the aircraft as shown by the records maintained for 
that purpose by the Federal Aviation Administration Aircraft 
Registry or the secretary of state.  The notice must state:
		(1)  the name, address, and telephone number of the 
holder of the lien under this subchapter;
		(2)  the amount due for storage, fuel, repairs, or 
maintenance;             
		(3)  a complete description of the aircraft;  and                             
		(4)  the legal right of the holder of the lien under 
this subchapter to sell the aircraft at public auction and apply the 
proceeds to the amount due.
	SECTION 3.  The change in law made by this Act applies only 
to an aircraft repair and maintenance lien that arises under 
Subchapter D, Chapter 70, Property Code, on or after the effective 
date of this Act.  A lien that arises before the effective date of 
this Act is governed by the law in effect immediately before that 
date, and that law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.