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