By: Goldman H.B. No. 2598

A BILL TO BE ENTITLED

AN ACT

relating to the release of personal property and commercial cargo by a vehicle storage facility.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2303.002 is amended by adding a new subsection (3) to read as follows:

Sec. 2303.002. DEFINITIONS. In this chapter:

(1) "Abandoned nuisance vehicle" means a motor vehicle that is:

(A) at least 10 years old; and

(B) of a condition only to be demolished, wrecked, or dismantled.

(2) "Commission" means the Texas Commission of Licensing and Regulation.

(3) "Commercial cargo" means any property in or on a self-propelled or towed vehicle that has been transported in interstate or intrastate commerce.

(4) "Department" means the Texas Department of Licensing and Regulation.

(5) [(4)] "Executive director" means the executive director of the department.

(6) [(5)] "Owner of a vehicle" means a person:

(A) named as the purchaser or transferee in the certificate of title issued for the vehicle under Chapter 501, Transportation Code;

(B) in whose name the vehicle is registered under Chapter 502, Transportation Code, or a member of the person's immediate family;

(C) who holds the vehicle through a lease agreement;

(D) who is an unrecorded lienholder entitled to possess the vehicle under the terms of a chattel mortgage; or

(E) who is a lienholder, holds an affidavit of repossession, and is entitled to repossess the vehicle.

(7) [(6)] "Principal" means an individual who:

(A) personally or constructively holds, including as the beneficiary of a trust:

(i) at least 10 percent of a corporation's outstanding stock; or

(ii) more than $25,000 of the fair market value of a business entity;

(B) has the controlling interest in a business entity;

(C) has a direct or indirect participating interest through shares, stock, or otherwise, regardless of whether voting rights are included, of more than 10 percent of the profits, proceeds, or capital gains of a business entity;

(D) is a member of the board of directors or other governing body of a business entity; or

(E) serves as an elected officer of a business entity.

(8) [(7)] "Vehicle" means:

(A) a motor vehicle for which the issuance of a certificate of title is required under Chapter 501, Transportation Code; or

(B) any other device designed to be self-propelled or transported on a public highway.

(9) [(8)] "Vehicle storage facility" means a garage, parking lot, or other facility that is:

(A) owned by a person other than a governmental entity; and

(B) used to store or park at least 10 vehicles each year.

SECTION 2. Chapter 2303 Subchapter F is amended by adding a new 2303.162 to read as follows:

Sec. 2303.162. RELEASE OF PERSONAL PROPERTY AND COMMERCIAL CARGO. (a) A vehicle storage facility shall allow any person who demonstrates ownership or has right of possession of a vehicle stored at the facility, or any authorized representative of the person, to remove at no cost any detached personal property from the vehicle.

(b) A vehicle storage facility shall allow any person who demonstrates ownership or has right of possession of a vehicle or commercial cargo stored at the facility, or any authorized representative of the person, to remove at no cost any commercial cargo identified or described in a bill of lading, shipping manifest, shipping invoice, or similar document.

SECTION 3. This Act takes effect September 1, 2017.