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A BILL TO BE ENTITLED
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AN ACT
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relating to notice required in connection with possessory liens on |
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motor vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 70.006(a) and (h), Property Code, are |
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amended to read as follows: |
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(a) A holder of a lien under this subchapter or Chapter 59 on |
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a motor vehicle subject to Chapter 501, Transportation Code, or on a |
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motorboat, vessel, or outboard motor for which a certificate of |
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title is required under Subchapter B, Chapter 31, Parks and |
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Wildlife Code, as amended, who retains possession of the motor |
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vehicle, motorboat, vessel, or outboard motor shall, not later than |
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the 30th day after the date on which the charges accrue, give |
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written notice to the owner and each holder of a lien recorded on |
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the certificate of title. A holder of a possessory lien on a motor |
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vehicle under Section 70.001, or the holder of a self-service |
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storage facility lien on a motor vehicle under Chapter 59, other |
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than a person licensed as a franchised dealer under Chapter 2301, |
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Occupations Code, shall file a copy of the notice and all |
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information required by this section with the county tax |
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assessor-collector's office in the county in which the repairs were |
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made or in which the self-service storage facility is located, as |
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appropriate, with an administrative fee of $25 payable to the |
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county tax assessor-collector. If the motor vehicle, motorboat, |
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vessel, or outboard motor is registered outside this state, the |
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holder of a lien under this subchapter who retains possession |
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during that period shall give notice to the last known registered |
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owner and each lienholder of record. |
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(h) Not later than the 10th day after the date the county tax |
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assessor-collector receives notice under this section, the county |
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tax assessor-collector shall provide a copy of the notice to the |
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owner of the motor vehicle and each holder of a lien recorded on the |
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certificate of title of the motor vehicle. Except as provided by |
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this subsection, the county tax assessor-collector shall provide |
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the notice required by this section in the same manner as a holder |
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of a lien is required to provide a notice under this section. |
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Notice under this section is required regardless of the date on |
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which the charges on which the possessory lien is based accrued. |
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SECTION 2. The change in law made by this Act applies only |
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to notice received by a county tax assessor-collector on or after |
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the effective date of this Act. Notice received by a county tax |
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assessor-collector before the effective date of this Act is |
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governed by the law in effect at the time notice was received, and |
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that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |