80R5378 JMM-F
 
  By: Goolsby H.B. No. 1150
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the procedural requirements for disposal of certain
vehicles by a vehicle storage facility.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Sections 2303.154(a) and (b), Occupations Code,
are amended to read as follows:
       (a)  If a vehicle is not claimed by a person permitted to
claim the vehicle or is not taken into custody by a law enforcement
agency under Chapter 683, Transportation Code, before the 21st
[41st] day after the date notice is mailed or published under
Section 2303.151 or 2303.152, the operator of the vehicle storage
facility shall send a second notice to the registered owner and the
primary lienholder of the vehicle.
       (b)  Notice under this section must include:
             (1)  the information listed in Section 2303.153(a);
             (2)  a statement of the right of the facility to dispose
of the vehicle under Section 2303.157; and
             (3)  a statement that the failure of the owner or
lienholder to claim the vehicle before the 21st [30th] day after the
date the notice is provided is:
                   (A)  a waiver by that person of all right, title,
or interest in the vehicle; and
                   (B)  a consent to the sale of the vehicle at a
public sale.
       SECTION 2.  Section 2303.157(a), Occupations Code, is
amended to read as follows:
       (a)  The operator of a vehicle storage facility may dispose
of a vehicle for which notice is given under Section 2303.154 if,
before the 21st [30th] day after the date notice is mailed, the
vehicle is not:
             (1)  claimed by a person entitled to claim the vehicle;
or
             (2)  taken into custody by a law enforcement agency
under Chapter 683, Transportation Code.
       SECTION 3.  The change in law made by this Act applies only
to a vehicle towed to a vehicle storage facility on or after the
effective date of this Act. A vehicle towed to a vehicle storage
facility before the effective date of this Act is governed by the
law in effect on the date the vehicle was towed to the facility, and
the former law is continued in effect for that purpose.
       SECTION 4.  This Act takes effect September 1, 2007.