By: Williams  S.B. No. 266
         (In the Senate - Filed December 15, 2010; January 31, 2011,
  read first time and referred to Committee on Transportation and
  Homeland Security; April 13, 2011, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 8, Nays
  0; April 13, 2011, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 266 By:  Williams
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to notice required in connection with possessory liens on
  motor vehicles.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (a) and (h), Section 70.006,
  Property Code, are amended to read as follows:
         (a)  A holder of a lien under this subchapter or Chapter 59 on
  a motor vehicle subject to Chapter 501, Transportation Code, or on a
  motorboat, vessel, or outboard motor for which a certificate of
  title is required under Subchapter B, Chapter 31, Parks and
  Wildlife Code, as amended, who retains possession of the motor
  vehicle, motorboat, vessel, or outboard motor shall[, not later
  than the 30th day after the date on which the charges accrue,] give
  written notice to the owner and each holder of a lien recorded on
  the certificate of title.  Not later than the 30th day after the
  date on which the charges accrue, a [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 file a copy of the notice and all information required
  by this section with the county tax assessor-collector's office in
  the county in which the repairs were made with an administrative fee
  of $25 payable to the county tax assessor-collector.  If the motor
  vehicle, motorboat, vessel, or outboard motor is registered outside
  this state, the holder of a lien under this subchapter who retains
  possession during that period shall give notice to the last known
  registered owner and each lienholder of record.
         (h)  Not later than the 15th business [10th] day after the
  date the county tax assessor-collector receives notice under this
  section, the county tax assessor-collector shall provide a copy of
  the notice to the owner of the motor vehicle and each holder of a
  lien recorded on the certificate of title of the motor vehicle.  
  Except as provided by this subsection, the county tax
  assessor-collector shall provide the notice required by this
  section in the same manner as a holder of a lien is required to
  provide a notice under this section, except that the county tax
  assessor-collector is not required to use certified mail.  Notice
  under this section is required regardless of the date on which the
  charges on which the possessory lien is based accrued.
         SECTION 2.  (a)  Subsection (a), Section 70.006, Property
  Code, as amended by this Act, applies only to charges that accrue on
  or after the effective date of this Act. Charges that accrue before
  the effective date of this Act are governed by the law applicable to
  the charges immediately before the effective date of this Act, and
  that law is continued in effect for that purpose.
         (b)  Subsection (h), Section 70.006, Property Code, as
  amended by this Act, applies only to notice received by a county tax
  assessor-collector on or after the effective date of this Act.
  Notice received by a county tax assessor-collector before the
  effective date of this Act is governed by the law in effect at the
  time notice was received, and that law is continued in effect for
  that purpose.
         SECTION 3.  This Act takes effect September 1, 2011.
 
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