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A BILL TO BE ENTITLED
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AN ACT
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relating to the storage of a vehicle by a vehicle storage facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 2303, Occupations Code, |
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Section 2303.154 is amended to read as follows: |
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Sec. 2303.154. SECOND NOTICE; CONSENT TO SALE. (a) If a |
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vehicle is not claimed by a person permitted to claim the vehicle or |
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is not taken into custody by a law enforcement agency under Chapter |
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683, Transportation Code, before the 21st day after the date notice |
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is mailed or published under Section 2303.151 or 2303.152, the |
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operator of the vehicle storage facility shall send a second notice |
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to the registered owner and the primary lienholder of the vehicle. |
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(a-1) If a vehicle is not claimed by a person permitted to |
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claim the vehicle before the 10th day after the date notice is |
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mailed or published under Section 2303.151 or 2303.152, the |
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operator of the vehicle storage facility shall consider the vehicle |
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to be abandoned and send notice of abandonment to a law enforcement |
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agency under Chapter 683, Transportation Code. |
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(b) Notice under this section must include: |
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(1) the information listed in Section 2303.153(a); |
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(2) a statement of the right of the facility to dispose |
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of the vehicle under Section 2303.157; and |
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(3) a statement that the failure of the owner or |
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lienholder to claim the vehicle before the 30th day after the date |
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the notice is provided is: |
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(A) a waiver by that person of all right, title, |
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or interest in the vehicle; and |
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(B) a consent to the sale of the vehicle at a |
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public sale. |
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(c) Notwithstanding Subsection (b), if publication is |
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required for notice under this section, the notice must include: |
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(1) the information listed in Section 2303.153(b); and |
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(2) a statement that the failure of the owner or |
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lienholder to claim the vehicle before the date of sale is: |
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(A) a waiver of all right, title, and interest in |
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the vehicle; and |
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(B) a consent to the sale of the vehicle at a |
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public sale. |
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SECTION 2. The changes in law made by this Act to Chapter |
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2303, Occupations Code, apply only to a vehicle accepted for |
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storage at a vehicle storage facility on or after the effective date |
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of this Act. A vehicle accepted for storage before the effective |
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date of this Act is covered by the law in effect on the date the |
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vehicle is accepted, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |