This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

  81R4358 UM-F
 
  By: Harless H.B. No. 1631
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain notice requirements regarding possessory liens
  on certain motor vehicles, motorboats, vessels, or outboard motors;
  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 under Section 70.001 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,  motorboat, vessel, or outboard
  motor were made;
               (2)  the legal name of the person that holds the
  possessory lien for which the notice is required;
               (3)  the social security number, 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, motorboat, vessel, or outboard motor.
         (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, motorboat, vessel, or outboard motor 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 under Section 70.001 shall make
  commercially reasonable efforts to allow an owner and each
  lienholder of record to inspect or arrange an inspection of the
  motor vehicle, motorboat, vessel, or outboard motor 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, motorboat, vessel, or
  outboard motor the possession of which is obtained on or after the
  effective date of this Act. A possessory lien on a motor vehicle,
  motorboat, vessel, or outboard motor 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.