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A BILL TO BE ENTITLED
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AN ACT
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relating to aircraft liens |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 70.301, Property Code, is amended to |
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read as follows: |
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Sec. 70.301. LIEN. |
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(a) A person who stores, fuels, |
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repairs, or performs maintenance work on an aircraft has a lien on |
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the aircraft for: |
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(1) the amount due under a contract for the storage, |
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fuel, repairs, or maintenance work; or |
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(2) if no amount is specified by contract, the |
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reasonable and usual compensation for the storage, fuel, repairs, |
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or maintenance work. |
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(b) This subchapter applies to a contract for storage only |
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if it is: |
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(1) written; or |
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(2) oral and provides for a storage period of at least |
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30 days. |
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(c) This subchapter applies to fuelings provided both |
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within or outside of the State of Texas or the United States; except |
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that, notwithstanding the foregoing provision, this section shall |
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not apply to fueling of an aircraft owned, leased, operated by or |
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operated on behalf of an air carrier that is certificated to conduct |
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scheduled air transportation services under Part 121 of Title 14 of |
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the Code of Federal Regulations. |
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SECTION 2. Subchapter D, Chapter 70, Property Code, is |
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amended by adding Section 70.308 to read as follows: |
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Sec. 70.308. PERSONS WHO MAY BIND AIRCRAFT (a) The |
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following persons are presumed to be authorized by the owner of an |
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aircraft to incur charges that give rise to a lien under this |
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subchapter: |
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(1) the managing owner; |
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(2) the aircraft's lessee; |
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(3) the pilot, co-pilot, engineer or first officer; |
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(4) the aircraft charter operator; |
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(5) the aircraft scheduler, fuel manager and |
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dispatcher; |
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(6) the aircraft management company; and |
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(7) a person entrusted with possession of the aircraft |
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upon arrival at a fixed base operator. |
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(b) A person tortiously or unlawfully in possession or |
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charge of an aircraft may not bind the aircraft. |
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(c) The provisions of clauses (a) and (b) of this §70.308 |
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shall not apply to an aircraft owned, leased, operated by, or |
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operated by an air carrier that is certificated to conduct |
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scheduled airline operations under Part 121 of Title 14 of the Code |
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of Federal Regulations. |
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SECTION 3. This Act takes effect September 1, 2019. |