|
|
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. 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, or the |
|
holder of a garageman's lien under Section 70.003(c), including a |
|
vehicle storage facility licensed under Chapter 2303, 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 or in which the garage or |
|
licensed vehicle storage facility is located, as appropriate, 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. Notice under this section is |
|
required regardless of the date on which the charges on which the |
|
possessory lien is based accrued. |
|
SECTION 2. The change in law made 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. |