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  81R15403 UM-F
 
  By: Harless H.B. No. 1631
 
  Substitute the following for H.B. No. 1631:
 
  By:  Geren C.S.H.B. No. 1631
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain notice requirements regarding possessory liens
  on certain motor vehicles; providing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 70.006, Property Code, is amended by
  adding Subsections (b-1), (b-2), (b-3), and (g) to read as follows:
         (b-1)  A holder of a possessory lien on a motor vehicle under
  Section 70.001, other than a person licensed as a franchised dealer
  under Chapter 2301, Occupations Code, who is required to give
  notice to a lienholder of record under this section must include in
  the notice:
               (1)  the physical address of the real property at which
  the repairs to the motor vehicle were made;
               (2)  the legal name of the person that holds the
  possessory lien for which the notice is required;
               (3)  the taxpayer identification number or employer
  identification number, as applicable, of the person that holds the
  possessory lien for which the notice is required; and
               (4)  a signed copy of the work order authorizing the
  repairs on the motor vehicle.
         (b-2)  If the holder of a possessory lien required to give
  notice in accordance with Subsection (b-1) does not comply with
  that subsection, a lien recorded on the certificate of title of the
  motor vehicle is superior to the possessory lienholder's lien.
         (b-3)  A person commits an offense if the person knowingly
  provides false or misleading information in a notice required by
  this section.  An offense under this subsection is a Class B
  misdemeanor.
         (g)  After providing notice in accordance with this section,
  a holder of a possessory lien on a motor vehicle under Section
  70.001, other than a person licensed as a franchised dealer under
  Chapter 2301, Occupations Code, shall make commercially reasonable
  efforts to allow an owner and each lienholder of record to inspect
  or arrange an inspection of the motor vehicle by a qualified
  professional to verify that the repairs were made.
         SECTION 2.  The changes in law made by this Act apply only to
  a possessory lien on a motor vehicle the possession of which is
  obtained on or after the effective date of this Act.  A possessory
  lien on a motor vehicle the possession of which was obtained before
  that date is governed by the law in effect at the time possession
  was obtained, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2009.