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A BILL TO BE ENTITLED
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AN ACT
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relating to notice required in connection with possessory liens on |
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certain motor vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 70.006(a) and (b-1), Property Code, are |
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amended to read as follows: |
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(a) A holder of a lien under this subchapter on a motor |
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vehicle subject to Chapter 501, Transportation Code, or on a |
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motorboat, vessel, or outboard motor for which a certificate of |
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title is required under Subchapter B, Chapter 31, Parks and |
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Wildlife Code, as amended, who retains possession of the motor |
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vehicle, motorboat, vessel, or outboard motor shall give written |
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notice to the owner and each holder of a lien recorded on the |
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certificate of title. Not later than the later of the 30th day |
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after the date on which the charges accrue or the 30th day before |
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the date of a proposed sale or disposition of the motor vehicle |
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under Subsection (f) or (f-1), a holder of a possessory lien on a |
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motor vehicle under Section 70.001, other than a person licensed as |
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a franchised dealer under Chapter 2301, Occupations Code, shall |
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file a copy of the notice and all information required by this |
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section with the county tax assessor-collector's office in the |
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county in which the repairs were made with an administrative fee of |
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$25 payable to the county tax assessor-collector. If the motor |
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vehicle, motorboat, vessel, or outboard motor is registered outside |
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this state, the holder of a lien under this subchapter who retains |
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possession during that period shall give notice to the last known |
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registered owner and each lienholder of record. |
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(b-1) A holder of a possessory lien on a motor vehicle under |
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Section 70.001, other than a person licensed as a franchised dealer |
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under Chapter 2301, Occupations Code, who is required to give |
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notice to a lienholder of record under this section must include in |
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the notice: |
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(1) the physical address of the real property at which |
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the repairs to the motor vehicle were made; |
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(2) the legal name of the person that holds the |
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possessory lien for which the notice is required; |
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(3) the taxpayer identification number or employer |
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identification number, as applicable, of the person that holds the |
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possessory lien for which the notice is required; [and] |
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(4) a signed copy of the work order authorizing the |
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repairs on the motor vehicle; and |
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(5) if applicable, the proposed date of the sale or |
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disposition of the motor vehicle under Subsection (f) or (f-1). |
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SECTION 2. The changes in law made by this Act apply only to |
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a possessory lien on a motor vehicle the possession of which is |
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obtained on or after the effective date of this Act. A possessory |
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lien on a motor vehicle the possession of which was obtained before |
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that date is governed by the law in effect at the time possession |
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was obtained, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |