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A BILL TO BE ENTITLED
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AN ACT
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relating to the 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), and (h), Property Code, |
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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 is filed with the county tax |
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assessor-collector's office [day that the notice is mailed or
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published, as applicable], the lienholder may sell the motor |
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vehicle, motorboat, vessel, or outboard motor at a public sale and |
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apply the proceeds to the charges. The lienholder shall pay excess |
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proceeds to the person entitled to them. The public sale may not |
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take place before the 31st day after the date a copy of the notice |
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required by Subsection (a) is filed with the county tax |
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assessor-collector's office. |
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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. Section 70.006, Property Code, as amended by |
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this Act, applies only to the sale of a motor vehicle, motorboat, |
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vessel, or outboard motor on or after the effective date of this |
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Act. The sale of a motor vehicle, motorboat, vessel, or outboard |
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motor before the effective date of this Act is governed by the law |
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as it existed immediately before the effective date of this Act, 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, 2015. |