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A BILL TO BE ENTITLED
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AN ACT
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relating to required notice of and a lien resulting from damage to a |
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fence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 70, Property Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. LIEN RELATED TO DAMAGED FENCE |
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Sec. 70.501. LANDOWNER'S LIEN. A person who owns real |
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property in this state that is enclosed by a fence or other |
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structure obviously designed to exclude intruders or to contain |
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livestock or other animals has a lien against the motor vehicle of a |
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person who damages the landowner's fence with the motor vehicle if |
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the person who damages the landowner's fence: |
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(1) owns the motor vehicle; or |
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(2) has the consent of the owner of the motor vehicle |
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to drive the vehicle at the time the person damages the landowner's |
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fence. |
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Sec. 70.502. AMOUNT OF LIEN. The amount of a landowner's |
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lien under this subchapter is equal to the lesser of: |
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(1) the fair market value of the motor vehicle on the |
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date the landowner's fence is damaged; or |
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(2) the actual cost incurred by the landowner to |
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repair the fence and, if any livestock or other animals escaped as a |
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direct result of the damage to the fence, to recapture the escaped |
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livestock or other animals. |
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Sec. 70.503. PROPERTY TO WHICH LIEN ATTACHES. A |
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landowner's lien under this chapter attaches only to a motor |
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vehicle that causes damage to a fence as described by Section |
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70.501. |
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Sec. 70.504. PERFECTING LIEN. A landowner may perfect a |
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lien under this subchapter in the manner provided by Subchapter F, |
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Chapter 501, Transportation Code. |
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Sec. 70.505. EXPIRATION AND DISCHARGE OF LIEN. A lien under |
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this subchapter does not expire and is discharged only when the |
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landowner receives payment of the lien. |
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SECTION 2. Chapter 370, Local Government Code, is amended |
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by adding Section 370.004 to read as follows: |
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Sec. 370.004. NOTICE OF DAMAGED FENCE. A peace officer |
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employed by a political subdivision of this state who investigates |
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or responds to an incident in which a motor vehicle damages a fence |
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shall, if the peace officer reasonably believes that the fence is |
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intended to contain livestock or other animals: |
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(1) immediately determine the owner of the land on |
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which the damaged fence is located; and |
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(2) notify the owner of the type and extent of the |
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damage. |
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SECTION 3. Section 501.117, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) The system developed under this section must provide for |
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the perfection, assignment, discharge, and cancellation of a lien |
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created under Subchapter F, Chapter 70, Property Code. |
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SECTION 4. Subchapter F, Chapter 70, Property Code, as |
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added by this Act, applies only to damage to a fence or other |
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enclosure that is caused on or after the effective date of this Act. |
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Damage to a fence or other enclosure that is caused before the |
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effective date of this Act is governed by the law in effect at the |
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time the fence or other enclosure was damaged, and that law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |