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AN ACT
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relating to required notice of and a lien resulting from damage to a |
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fence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 70, Property Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. LIEN RELATED TO DAMAGED FENCE |
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Sec. 70.501. LANDOWNER'S LIEN. A person who owns real |
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property in this state that is enclosed by a fence or other |
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structure obviously designed to exclude intruders or to contain |
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livestock or other animals may obtain from a court in this state a |
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judgment entitling the person to a lien against the motor vehicle of |
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a person who damages the landowner's fence with the motor vehicle if |
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the person who damages the landowner's fence: |
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(1) owns the motor vehicle; or |
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(2) has the consent of the owner of the motor vehicle |
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to drive the vehicle at the time the person damages the landowner's |
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fence. |
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Sec. 70.502. AMOUNT OF LIEN. The amount of a landowner's |
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lien under this subchapter is equal to the lesser of: |
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(1) the fair market value of the motor vehicle on the |
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date the landowner's fence is damaged; or |
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(2) the actual cost incurred by the landowner to: |
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(A) repair the fence; |
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(B) recapture any livestock or other animals that |
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escaped as a direct result of the damage to the fence; and |
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(C) have the vehicle towed from the property and |
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stored. |
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Sec. 70.503. PROPERTY TO WHICH LIEN ATTACHES. A |
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landowner's lien under this chapter attaches only to a motor |
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vehicle that causes damage to a fence as described by Section |
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70.501. |
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Sec. 70.504. PERFECTING LIEN. A landowner may perfect a |
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lien under this subchapter in the manner provided by Subchapter F, |
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Chapter 501, Transportation Code. |
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Sec. 70.505. EXPIRATION AND DISCHARGE OF LIEN. A lien under |
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this subchapter does not expire and is discharged only when the |
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landowner receives payment of the lien. |
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Sec. 70.506. REMOVAL OF VEHICLE FROM LANDOWNER'S PROPERTY. |
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A landowner whose fence is damaged by a motor vehicle that is then |
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abandoned on the owner's property, or the landowner's agent, may: |
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(1) select a towing service to remove the vehicle from |
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the landowner's property; and |
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(2) designate the time at which the towing service may |
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enter the property to remove the vehicle. |
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SECTION 2. Chapter 370, Local Government Code, is amended |
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by adding Section 370.004 to read as follows: |
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Sec. 370.004. NOTICE OF DAMAGED FENCE. (a) A peace officer |
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employed by a political subdivision of this state who investigates |
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or responds to an incident in which a motor vehicle damages a fence |
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shall, if the peace officer reasonably believes that the fence is |
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intended to contain livestock or other animals: |
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(1) immediately determine the owner of the land on |
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which the damaged fence is located; and |
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(2) notify the owner of the type and extent of the |
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damage, if the owner has registered with the political subdivision |
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in accordance with Subsection (c). |
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(b) A peace officer is not liable to an owner of land or any |
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other person for damage resulting from the peace officer's failure |
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to notify the owner under Subsection (a). |
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(c) A landowner must provide an agency or department of a |
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political subdivision that employs peace officers with the |
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following information if the landowner would like a peace officer |
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of that agency or department to notify the landowner of damage under |
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Subsection (a): |
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(1) the landowner's name, address, and telephone |
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number; and |
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(2) the location and a description of the landowner's |
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property. |
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SECTION 3. Subchapter F, Chapter 70, Property Code, as |
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added by this Act, applies only to damage to a fence or other |
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enclosure that is caused on or after the effective date of this Act. |
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Damage to a fence or other enclosure that is caused before the |
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effective date of this Act is governed by the law in effect at the |
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time the fence or other enclosure was damaged, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2007. |
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____________________________________________________________ |
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President of the SenateSpeaker of the House |
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I certify that H.B. No. 2931 was passed by the House on April |
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19, 2007, by the following vote: Yeas 142, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2931 was passed by the Senate on May |
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17, 2007, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |