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A BILL TO BE ENTITLED
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AN ACT
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relating to certain notice requirements regarding possessory liens |
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on certain motor vehicles, motorboats, vessels, or outboard motors; |
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providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 70.006, Property Code, is amended by |
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adding Subsections (b-1), (b-2), (b-3), and (g) to read as follows: |
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(b-1) A holder of a possessory lien under Section 70.001 who |
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is required to give notice to a lienholder of record under this |
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section must include in the notice: |
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(1) the physical address of the real property at which |
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the repairs to the motor vehicle, motorboat, vessel, or outboard |
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motor were made; |
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(2) the legal name of the person that holds the |
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possessory lien for which the notice is required; |
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(3) the social security number, taxpayer |
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identification number, or employer identification number, as |
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applicable, of the person that holds the possessory lien for which |
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the notice is required; and |
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(4) a signed copy of the work order authorizing the |
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repairs on the motor vehicle, motorboat, vessel, or outboard motor. |
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(b-2) If the holder of a possessory lien required to give |
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notice in accordance with Subsection (b-1) does not comply with |
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that subsection, a lien recorded on the certificate of title of the |
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motor vehicle, motorboat, vessel, or outboard motor is superior to |
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the possessory lienholder's lien. |
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(b-3) A person commits an offense if the person knowingly |
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provides false or misleading information in a notice required by |
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this section. An offense under this subsection is a Class B |
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misdemeanor. |
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(g) After providing notice in accordance with this section, |
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a holder of a possessory lien under Section 70.001 shall make |
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commercially reasonable efforts to allow an owner and each |
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lienholder of record to inspect or arrange an inspection of the |
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motor vehicle, motorboat, vessel, or outboard motor by a qualified |
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professional to verify that the repairs were made. |
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SECTION 2. The changes in law made by this Act apply only to |
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a possessory lien on a motor vehicle, motorboat, vessel, or |
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outboard motor the possession of which is obtained on or after the |
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effective date of this Act. A possessory lien on a motor vehicle, |
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motorboat, vessel, or outboard motor the possession of which was |
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obtained before that date is governed by the law in effect at the |
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time possession was obtained, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |