| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to possessory liens and the exemption of personal property |
|
|
therefrom. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2303.158, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 2303.158. POSSESSORY LIEN, PERFECTION, PERSONAL |
|
|
PROPERTY, AND ACCESS TO GLOVE COMPARTMENT, CONSOLE, OR OTHER |
|
|
INTERIOR STORAGE AREA TO ESTABLISH IDENTITY OR OWNERSHIP. (a) The |
|
|
operator of a vehicle storage facility shall have a first priority |
|
|
possessory lien on the vehicle and its contents for all charges for |
|
|
all reasonable towing, recovery, and storage fees, including all |
|
|
fees set by law or Department rule, for which the owner, operator, |
|
|
or carrier is liable. |
|
|
(i) The possessory lien under this Section attaches to not |
|
|
only the vehicle and its contents, but also to any trailer attached |
|
|
to the vehicle or that was towed and stored in conjunction with the |
|
|
vehicle as well as any contents of the trailer including, but not |
|
|
limited to, other vehicles, boats, and cargo. |
|
|
(b) A lien under this Section shall not extend or attach to |
|
|
the following personal items, without limitation: |
|
|
(i) personal or legal documents; |
|
|
(ii) Medications; |
|
|
(iii) child-restraint seating; |
|
|
(iv) wallets, purses, and the contents of such; |
|
|
(v) prescription eyeglasses; |
|
|
(vi) prosthetics; |
|
|
(vii) cell phones; |
|
|
(viii) photographs; and |
|
|
(ix) books. |
|
|
(c) The items described in Section 2308.158 (b)(i)-(ix) |
|
|
shall be released without charge by the towing and storage firm to |
|
|
the owner or operator of the motor vehicle or his or her duly |
|
|
authorized representative. |
|
|
(d) The operator of a vehicle storage facility or a |
|
|
governmental vehicle storage facility must allow a person claiming |
|
|
to be the owner of a vehicle stored or parked at the facility to have |
|
|
access to the vehicle's glove compartment, console, or other |
|
|
interior storage area if documents necessary to establish the |
|
|
person's identity or ownership of the vehicle are located in the |
|
|
glove compartment, console, or other interior storage area. |
|
|
(e) The lien described in this Section may be perfected by: |
|
|
(i) maintaining possession; or |
|
|
(ii) mailing notice(s) to the owner and registered |
|
|
lienholder as required by this Chapter. |
|
|
(f) a towing company or vehicle storage facility that in |
|
|
good faith follows the procedures of this Section shall not be |
|
|
liable for claims of conversion or civil theft in relation to the |
|
|
vehicles or their contents for maintaining property pursuant to the |
|
|
possessory lien as provided by this Section. |
|
|
(g) a person who forecloses on a lien described in this |
|
|
Chapter, a person that purchases property pursuant to the |
|
|
foreclosure of such possessory lien, and any person applying for |
|
|
ownership of or title to property purchased or sold at the public |
|
|
sale, whether through use of forms promulgated by the Texas |
|
|
Department of Motor Vehicles including Form VTR-265-VSF as amended, |
|
|
restated, or modified from time to time, shall not be liable for |
|
|
claims of conversion or civil theft in relation to the vehicles, |
|
|
their contents, or personal property. |
|
|
SECTION 2. This Act takes effect September 1, 2021. |