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A BILL TO BE ENTITLED
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AN ACT
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relating to the towing of certain property from a self-service |
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storage facility for disposition by a vehicle storage facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 59.001, Property Code, is amended by |
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adding Subdivision (4-a) to read as follows: |
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(4-a) "Vehicle storage facility" has the meaning |
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assigned by Section 2303.002, Occupations Code. |
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SECTION 2. Section 59.043(a), Property Code, is amended to |
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read as follows: |
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(a) The lessor's notice to the tenant of the claim must |
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contain: |
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(1) an itemized account of the claim; |
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(2) the name, address, and telephone number of the |
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lessor or the lessor's agent; |
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(3) a statement that the contents of the self-service |
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storage facility have been seized under the contractual landlord's |
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lien; |
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(4) a statement that if the tenant fails to satisfy the |
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claim on or before the 14th day after the date the notice is |
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delivered, the property may be, as applicable: |
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(A) sold at public auction under this subchapter; |
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or |
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(B) towed to a vehicle storage facility and |
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disposed of by the vehicle storage facility under Subchapter D, |
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Chapter 2303, Occupations Code; and |
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(5) a statement underlined or printed in conspicuous |
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bold print requesting a tenant who is in military service to notify |
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the lessor of the status of the tenant's current military service |
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immediately. |
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SECTION 3. Chapter 59, Property Code, is amended by adding |
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Subchapter D to read as follows: |
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SUBCHAPTER D. TOWING OF CERTAIN PROPERTY TO VEHICLE STORAGE |
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FACILITY |
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Sec. 59.051. APPLICABILITY. This subchapter applies only |
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to property that is: |
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(1) a motor vehicle, trailer, or semitrailer for which |
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a title or registration is required under Chapter 501 or 502, |
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Transportation Code; |
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(2) a motorboat, vessel, or outboard motor for which a |
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certificate of title is required under Subchapter B, Chapter 31, |
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Parks and Wildlife Code; or |
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(3) a motor vehicle, trailer, semitrailer, motorboat, |
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vessel, or outboard motor registered or titled outside this state. |
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Sec. 59.052. TRANSFER OF CERTAIN PROPERTY TO VEHICLE |
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STORAGE FACILITY. Notwithstanding Subchapter C, a lessor who takes |
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possession of property to which this subchapter applies to enforce |
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a lien under this chapter may transfer possession of the property |
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and have the property towed to a vehicle storage facility for |
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disposition by the vehicle storage facility under Subchapter D, |
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Chapter 2303, Occupations Code, if: |
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(1) the transfer of possession and towing is |
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authorized under a written rental agreement between the lessor and |
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tenant; |
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(2) the lessor gives written notice of the lessor's |
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claim to the tenant as required under Section 59.042(a) in the |
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manner prescribed by Section 59.043; |
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(3) the tenant fails to satisfy the claim on or before |
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the 14th day after the date the notice required under Section |
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59.042(a) is delivered in the manner prescribed by Section 59.043; |
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and |
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(4) the vehicle storage facility agrees in writing to |
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accept possession of the property. |
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Sec. 59.053. LIEN EXTINGUISHED. A lessor's lien on |
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property towed to a vehicle storage facility under Section 59.052 |
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is extinguished when the property is towed from the self-service |
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storage facility. |
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Sec. 59.054. OTHER RIGHTS AND REMEDIES NOT AFFECTED. |
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Except as provided by Section 59.053, this subchapter does not |
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affect any right or remedy of the lessor at law or in equity. |
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Sec. 59.055. LESSOR'S LIABILITY FOR PROPERTY. A lessor is |
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not liable to a tenant for any damage to property that the lessor |
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has towed under Section 59.052 that occurs during the tow or after |
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the property is towed from the self-service storage facility. |
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SECTION 4. Chapter 2303, Occupations Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. ACCEPTANCE AND DISPOSITION OF CERTAIN PROPERTY FROM |
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SELF-SERVICE STORAGE FACILITY |
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Sec. 2303.201. DEFINITIONS. In this subchapter, "lessor" |
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and "self-service storage facility" have the meanings assigned by |
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Section 59.001, Property Code. |
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Sec. 2303.202. APPLICABILITY. This subchapter applies only |
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to property described by Section 59.051, Property Code. |
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Sec. 2303.203. ACCEPTANCE OF PROPERTY. A vehicle storage |
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facility shall accept property from a lessor who has transferred |
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possession of the property from a self-service storage facility to |
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the vehicle storage facility under Section 59.052, Property Code. |
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Sec. 2303.204. DISPOSITION OF PROPERTY. A vehicle storage |
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facility that accepts property under Section 2303.203 may dispose |
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of the property in the manner provided by Subchapter D for a vehicle |
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received by a facility as described by Section 2303.151. |
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SECTION 5. This Act takes effect September 1, 2021. |