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  83R1927 TJS-F
 
  By: Pitts H.B. No. 3071
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a worker's lien on a vehicle, motorboat, vessel, or
  outboard motor; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 70.001, Property Code, is amended by
  amending Subsections (b), (c), (d), (e), and (f) and adding
  Subsection (d-1) to read as follows:
         (b)  If the lienholder [a worker] relinquishes possession of
  a motor vehicle, motorboat, vessel, or outboard motor in return for
  a purported payment or a promise to pay by the person obligated
  under the repair contract [check, money order, or a credit card
  transaction on which payment is stopped, has been dishonored
  because of insufficient funds, no funds or because the drawer or
  maker of the order or the credit card holder has no account or the
  account upon which it was drawn or the credit card account has been
  closed], the lien provided by this section continues to exist and
  the lienholder [worker] is entitled to possession of the vehicle,
  motorboat, vessel, or outboard motor until the amount due is paid,
  unless the vehicle, motorboat, vessel, or outboard motor is
  possessed by a person who became a bona fide purchaser of the
  vehicle before full payment [after a stop payment order] was made.
  A person entitled to possession of property under this subsection
  is entitled to take possession thereof in accordance with the
  provisions of Section 9.609, Business & Commerce Code.
         (c)  A lienholder [worker] may take possession of an article
  under Subsection (b) only if the person obligated under the repair
  contract has signed a notice stating that the article may be subject
  to repossession under this section. A notice under this subsection
  must be:
               (1)  separate from the written repair contract; or
               (2)  printed on the written repair contract, credit
  agreement, or other document in type that is boldfaced,
  capitalized, underlined, or otherwise set out from surrounding
  written material so as to be conspicuous with a separate signature
  line.
         (d)  A lienholder [worker] who takes possession of an article
  under Subsection (b) may require a person obligated under the
  repair contract to pay, as a condition of reclaiming the article,
  the lesser of:
               (1)  the actual costs reasonably incurred by the
  lienholder in taking possession of the article; or
               (2)  [the costs of repossession as a condition of
  reclaiming the article only to the extent of] the reasonable fair
  market value of the services required to take possession of the
  article.
         (d-1)  Charges imposed by a lienholder under Subsection (d)
  are rebuttably presumed to [For the purpose of this subsection,
  charges] represent the fair market value of the services required
  to take possession of an article if the charges represent the actual
  cost incurred by the lienholder [worker] in taking possession of
  the article, except the presumption does not apply to a charge
  imposed by a lienholder that has received or is entitled to receive
  a profit from the provision of services required to take possession
  of an article.
         (e)  A lienholder [worker] may not assign the lien to a
  person who performs repossession services [transfer to a third
  party], and a person who performs repossession services may not
  accept assignment of a lien under this section. This subsection may
  not be construed to prevent a lienholder under this section from
  assigning a lien to a third party that does not perform repossession
  services[, a check, money order, or credit card transaction that is
  received as payment for repair of an article and that is returned to
  the worker because of insufficient funds or no funds, because the
  drawer or maker of the check or money order or the credit card
  holder has no account, or because the account on which the check or
  money order is drawn or the credit card account has been closed].
         (f)  A person commits an offense if the person assigns
  [transfers] or accepts assignment of a lien [a check, money order,
  or credit card transaction] in violation of Subsection (e). An
  offense under this subsection is a Class B misdemeanor.
         SECTION 2.  (a) Except as provided by Subsection (b) of this
  section, the change in law made by this Act applies only to a lien
  created under a contract for repairs entered into on or after the
  effective date of this Act. A lien created under a contract for
  repairs entered into before the effective date of this Act is
  governed by the law in effect when the contract was entered into,
  and that law is continued in effect for that purpose.
         (b)  Section 70.001(f), Property Code, as amended by this
  Act, applies only to an offense committed on or after the effective
  date of this Act. An offense committed before the effective date of
  this Act is covered by the law in effect when the offense was
  committed, and the former law is continued in effect for that
  purpose. For purposes of this section, an offense was committed
  before the effective date of this Act if any element of the offense
  occurred before that date.
         SECTION 3.  This Act takes effect September 1, 2013.