| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the sale of a motor vehicle, motorboat, vessel, or |
|
|
outboard motor by a lienholder. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 70.006(a), (e), and (f), Property Code, |
|
|
are amended to read as follows: |
|
|
(a) A holder of a lien under this subchapter on a motor |
|
|
vehicle subject to Chapter 501, Transportation Code, or on a |
|
|
motorboat, vessel, or outboard motor for which a certificate of |
|
|
title is required under Subchapter B, Chapter 31, Parks and |
|
|
Wildlife Code, as amended, who retains possession of the motor |
|
|
vehicle, motorboat, vessel, or outboard motor shall, not later than |
|
|
the 30th day after the date on which the charges accrue, give |
|
|
written notice to the owner and each holder of a lien recorded on |
|
|
the certificate of title. Not later than the 30th day after the |
|
|
date on which the charges accrue, a holder of a possessory lien on a |
|
|
motor vehicle under Section 70.001, other than a person licensed as |
|
|
a franchised dealer under Chapter 2301, Occupations Code, shall |
|
|
file a copy of the notice and all information required by this |
|
|
section with the county tax assessor-collector's office in the |
|
|
county in which the repairs were made with an administrative fee of |
|
|
$25 payable to the county tax assessor-collector. If the motor |
|
|
vehicle, motorboat, vessel, or outboard motor is registered outside |
|
|
this state, the holder of a lien under this subchapter who retains |
|
|
possession during that period shall give notice to the last known |
|
|
registered owner and each lienholder of record. |
|
|
(e) After notice is given under this section to the owner of |
|
|
or the holder of a lien on the motor vehicle, motorboat, vessel, or |
|
|
outboard motor, the owner or holder of the lien may obtain |
|
|
possession of the motor vehicle, motorboat, vessel, or outboard |
|
|
motor by paying all charges due to the holder of a lien under this |
|
|
subchapter before the 31st day after the date: |
|
|
(1) a copy of the notice relating to the motor vehicle |
|
|
is filed with the county tax assessor-collector's office; or |
|
|
(2) a copy of the notice relating to the motorboat, |
|
|
vessel, or outboard motor is mailed or published, as applicable. |
|
|
(f) If the charges are not paid within the applicable period |
|
|
prescribed by Subsection (e) [before the 31st day after the date
|
|
|
that a copy of the notice required by Subsection (a) is filed with
|
|
|
the county tax assessor-collector's office], the lienholder may |
|
|
sell the motor vehicle, motorboat, vessel, or outboard motor at a |
|
|
public sale and apply the proceeds to the charges. The lienholder |
|
|
shall pay excess proceeds to the person entitled to them. The |
|
|
public sale may not take place before the 31st day after the date: |
|
|
(1) a copy of the notice relating to the motor vehicle |
|
|
is filed with the county tax assessor-collector's office; or |
|
|
(2) a copy of the notice relating to the motorboat, |
|
|
vessel, or outboard motor is mailed or published, as applicable. |
|
|
SECTION 2. This Act takes effect September 1, 2019. |