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A BILL TO BE ENTITLED
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AN ACT
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relating to notice requirements and other procedures relating to |
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the possession or sale of a motor vehicle, motorboat, vessel, or |
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outboard motor by a possessory lienholder. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 70.006(e), (f), (g), and (h), Property |
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Code, are amended to read as follows: |
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(e) After notice is given under this section to the owner of |
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or the holder of a lien on the motor vehicle, motorboat, vessel, or |
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outboard motor, the owner or holder of the lien may obtain |
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possession of the motor vehicle, motorboat, vessel, or outboard |
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motor by paying all charges due to the holder of a lien under this |
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subchapter before the 31st day after the date a copy of the notice |
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is filed with the county tax assessor-collector's office [the
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notice is mailed or published as provided by this section]. |
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(f) If the charges are not paid before the 31st day after the |
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date that a copy of the notice required by Subsection (a) is filed |
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with the county tax assessor-collector's office [day that the
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notice is mailed or published, as applicable], the lienholder may |
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sell the motor vehicle, motorboat, vessel, or outboard motor at a |
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public sale and apply the proceeds to the charges. The lienholder |
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shall pay excess proceeds to the person entitled to them. The public |
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sale may not take place before the 31st day after the date a copy of |
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the notice is filed with the county tax assessor-collector's |
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office. |
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(g) After providing notice in accordance with this section, |
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a holder of a possessory lien on a motor vehicle under Section |
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70.001, other than a person licensed as a franchised dealer under |
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Chapter 2301, Occupations Code, shall, on request, [not later than
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the 30th day after the date on which the charges accrue, make
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commercially reasonable efforts to] allow an owner and each |
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lienholder of record to inspect or arrange an inspection of the |
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motor vehicle by a qualified professional to verify that the |
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repairs were made. The inspection must be completed before the date |
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of the public sale authorized by Subsection (f). |
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(h) Not later than the 15th business day after the date the |
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county tax assessor-collector receives notice under this section, |
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the county tax assessor-collector shall provide a copy of the |
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notice that indicates the date the notice was filed with the county |
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tax assessor-collector to the owner of the motor vehicle and each |
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holder of a lien recorded on the certificate of title of the motor |
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vehicle. Except as provided by this subsection, the county tax |
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assessor-collector shall provide the notice required by this |
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section in the same manner as a holder of a lien is required to |
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provide a notice under this section, except that the county tax |
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assessor-collector is not required to use certified mail. Notice |
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under this section is required regardless of the date on which the |
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charges on which the possessory lien is based accrued. |
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SECTION 2. (a) Sections 70.006(e), (f), and (h), Property |
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Code, as amended by this Act, apply only to a notice required under |
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Section 70.006(a), Property Code, provided on or after the |
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effective date of this Act. A notice provided before the effective |
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date of this Act is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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(b) Section 70.006(g), Property Code, as amended by this |
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Act, applies only to a sale of a motor vehicle, motorboat, vessel, |
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or outboard motor for which the notice required under Section |
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70.006(a), Property Code, is provided on or after the effective |
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date of this Act. A sale for which the notice required under Section |
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70.006(a), Property Code, is provided before the effective date of |
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this Act is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |