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A BILL TO BE ENTITLED
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AN ACT
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relating to provision of notice by a vehicle storage facility |
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through a Texas Department of Motor Vehicles electronic system; |
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authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2303.151, Occupations Code, is amended |
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by amending Subsections (d), (e), and (g) and adding Subsection (h) |
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to read as follows: |
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(d) Except as provided by Subsection (h), a [A] notice under |
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this section must: |
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(1) be correctly addressed; |
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(2) carry sufficient postage; and |
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(3) be sent by certified mail, return receipt |
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requested or electronic certified mail. |
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(e) A notice under this section is considered to have been |
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given on the date indicated on the postmark and to be timely filed |
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if: |
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(1) the postmark indicates that the notice was mailed |
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within the period described by Subsection (a) or (b), as |
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applicable; [or] |
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(2) the notice was published as provided by Section |
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2303.152; or |
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(3) the notice was sent by a Texas Department of Motor |
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Vehicles electronic system as provided by Subsection (h). |
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(g) Notwithstanding any other law, a state agency or county |
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office may not require proof of delivery of a notice sent under this |
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section in order to issue a title for the vehicle that is the |
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subject of the notice if proof is provided that the notice was sent |
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[mailed] in accordance with this section. |
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(h) If the Texas Department of Motor Vehicles provides an |
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electronic system to send notice, the operator of a vehicle storage |
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facility may use that electronic system to send the notice required |
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by this section. If the electronic system is unable to send notice |
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to the registered owner or primary lienholder of a vehicle as |
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required under this section, the operator of the vehicle storage |
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facility holding the vehicle shall send written notice as provided |
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under Subsection (a) or Section 2303.152. The Texas Department of |
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Motor Vehicles may charge a fee to send notice through an electronic |
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system under this section. |
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SECTION 2. Section 2303.153(a), Occupations Code, is |
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amended to read as follows: |
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(a) A notice [by mail] provided under Section 2303.151 must |
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include: |
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(1) the date the vehicle was accepted for storage; |
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(2) the first day for which a storage fee is assessed; |
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(3) the daily storage rate; |
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(4) the type and amount of any other charge to be paid |
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when the vehicle is claimed; |
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(5) the full name, street address, and telephone |
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number of the vehicle storage facility; |
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(6) the hours during which the owner may claim the |
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vehicle; and |
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(7) the facility license number preceded by "Texas |
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Department of Licensing and Regulation Vehicle Storage Facility |
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License Number" or "TDLR VSF Lic. No." |
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SECTION 3. Section 2303.154, Occupations Code, is amended |
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by amending Subsections (a), (d), and (f) and adding Subsection |
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(e-1) to read as follows: |
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(a) If a vehicle is not claimed by a person permitted to |
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claim the vehicle before the 10th day after the date notice is sent |
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[mailed] or published under Section 2303.151 or 2303.152, the |
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operator of the vehicle storage facility shall consider the vehicle |
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to be abandoned and, if required by the law enforcement agency with |
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jurisdiction where the vehicle is located, report the abandonment |
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to the law enforcement agency. If the law enforcement agency |
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notifies the vehicle storage facility that the agency will send |
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notices and dispose of the abandoned vehicle under Subchapter B, |
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Chapter 683, Transportation Code, the vehicle storage facility |
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shall pay the fee required under Section 683.031, Transportation |
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Code. |
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(d) Not earlier than the 15th day and before the 21st day |
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after the date notice is sent [mailed] or published under Section |
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2303.151 or 2303.152, the operator of a vehicle storage facility |
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shall send a second notice to the registered owner and each recorded |
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lienholder of the vehicle if the facility: |
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(1) was not required to make a report under Subsection |
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(a); or |
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(2) has made a required report under Subsection (a) |
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and the law enforcement agency: |
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(A) has notified the facility that the law |
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enforcement agency will not take custody of the vehicle; |
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(B) has not taken custody of the vehicle; or |
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(C) has not responded to the report. |
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(e-1) If the notice required by Section 2303.151 was sent by |
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a Texas Department of Motor Vehicles electronic system described by |
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Section 2303.151(h), the notice required under this section may be |
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sent by that electronic system. |
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(f) Notwithstanding any other law, a state agency or county |
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office may not require proof of delivery of a notice sent under this |
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section in order to issue a title for the vehicle that is the |
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subject of the notice if proof is provided that the notice was sent |
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[mailed] in accordance with this section. |
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SECTION 4. Section 2303.1545(a), Occupations Code, is |
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amended to read as follows: |
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(a) A vehicle storage facility that holds an abandoned |
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nuisance vehicle is not required to send or publish a second notice |
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and is entitled to dispose of the vehicle on the 30th day after the |
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date the notice is sent [mailed] or published under Section |
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2303.151 or 2303.152. |
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SECTION 5. Section 2303.155(e), Occupations Code, is |
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amended to read as follows: |
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(e) The operator of a vehicle storage facility or |
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governmental vehicle storage facility may charge a daily storage |
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fee under Subsection (b): |
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(1) for not more than five days before the date notice |
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is sent [mailed] or published under this subchapter, if the vehicle |
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is registered in this state; |
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(2) for not more than five days before the date the |
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request for owner information is sent to the appropriate |
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governmental entity as required by this subchapter, if the vehicle |
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is registered in another state; and |
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(3) for each day the vehicle is in storage after the |
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date the notice is sent [mailed] or published until the vehicle is |
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removed and all accrued charges are paid. |
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SECTION 6. Section 2303.157(a), Occupations Code, is |
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amended to read as follows: |
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(a) The operator of a vehicle storage facility may dispose |
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of a vehicle for which notice is given under Section 2303.154 if, |
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before the 30th day after the date notice is sent [mailed], the |
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vehicle is not: |
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(1) claimed by a person entitled to claim the vehicle; |
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or |
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(2) taken into custody by a law enforcement agency |
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under Chapter 683, Transportation Code. |
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SECTION 7. Section 2303.157(b), Occupations Code, is |
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amended to read as follows: |
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(b) An operator entitled to dispose of a vehicle under this |
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section may sell the vehicle at a public sale without obtaining a |
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release or discharge of any lien on the vehicle, regardless of |
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whether notice was provided by mail, [or] by publication, or by a |
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Texas Department of Motor Vehicles electronic system under this |
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chapter. The proceeds from the sale of the vehicle shall be |
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applied to the charges incurred for the vehicle under Section |
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2303.155. The operator shall pay any excess proceeds to the person |
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entitled to those proceeds. |
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SECTION 8. This Act takes effect September 1, 2024. |