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  S.B. No. 690
 
 
 
 
AN ACT
  relating to the enforcement of a self-service storage facility
  lien; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 59.001, Property Code, is amended by
  adding Subdivisions (1-a) and (5) to read as follows:
               (1-a)  "Military service" means:
                     (A)  military service as defined by Section 101,
  Servicemembers Civil Relief Act (50 U.S.C. App. Section 511); and
                     (B)  active duty service for a period of more than
  30 consecutive days as a member of the Texas State Guard or Texas
  National Guard under the call of the governor.
               (5)  "Verified mail" means any method of mailing that
  provides evidence of mailing.
         SECTION 2.  Subsection (a), Section 59.003, Property Code,
  is amended to read as follows:
         (a)  The following provisions do [Subchapter B, Chapter 54,
  does] not apply to a self-service storage facility:
               (1)  Subchapter B, Chapter 54;
               (2)  Chapter 70; and
               (3)  Chapter 181, Health and Safety Code.
         SECTION 3.  Subchapter A, Chapter 59, Property Code, is
  amended by adding Section 59.010 to read as follows:
         Sec. 59.010.  RIGHTS OF CERTAIN MILITARY MEMBERS. (a)  In
  this section, "servicemember" has the meaning assigned by Section
  101, Servicemembers Civil Relief Act (50 U.S.C. App. Section 511).
         (b)  A member of the Texas State Guard or Texas National
  Guard who is in military service is entitled to the same protections
  and rights relating to the enforcement of storage liens under the
  Servicemembers Civil Relief Act (50 U.S.C. App. Section 501 et
  seq.) to which a servicemember is entitled.
         SECTION 4.  Subsections (b) and (c), Section 59.042,
  Property Code, are amended to read as follows:
         (b)  If the tenant fails to satisfy the claim on or before the
  14th [15th] day after the date [day that] the notice is delivered,
  the lessor must publish or post notices advertising the sale as
  provided by this subchapter.
         (c)  If notice is by publication, the lessor may not sell the
  property until the 15th day after the date [day that] the notice is 
  first [notice is] published. If notice is by posting, the lessor
  may sell the property after the 10th day after the date [day that]
  the notices are posted.
         SECTION 5.  Section 59.043, Property Code, is amended to
  read as follows:
         Sec. 59.043.  CONTENTS AND DELIVERY OF NOTICE OF CLAIM;
  INFORMATION REGARDING TENANT'S MILITARY SERVICE. (a)  The lessor's
  notice to the tenant of the claim must contain:
               (1)  an itemized account of the claim;
               (2)  the name, address, and telephone number of the
  lessor or the lessor's agent;
               (3)  a statement that the contents of the self-service
  storage facility have been seized under the contractual landlord's
  lien; [and]
               (4)  a statement that if the tenant fails to satisfy the 
  claim [is not satisfied] on or before the 14th [15th] day after the
  date [day that] the notice is delivered, the property may be sold at
  public auction; and
               (5)  a statement underlined or printed in conspicuous
  bold print requesting a tenant who is in military service to notify
  the lessor of the status of the tenant's current military service
  immediately.
         (b)  A lessor may require written proof of a tenant's
  military service in the form of documentation from the United
  States Department of Defense or other documentation reasonably
  acceptable to the lessor.
         (c)  Subject to Subsection (d), the [The] lessor must deliver
  the notice in person or by e-mail or verified [by certified] mail to
  the tenant's last known e-mail or postal address as stated in the
  rental agreement or in a written notice from the tenant to the
  lessor furnished after the execution of the rental agreement.
  Notice by verified mail is considered delivered when the notice,
  properly addressed with postage prepaid, is deposited with the
  United States Postal Service or a common carrier.  Notice by e-mail
  is considered delivered when sent to the last known e-mail address
  of the tenant.
         (d)  The notice may not be sent by e-mail unless a written
  rental agreement between the lessor and the tenant contains
  language underlined or in conspicuous bold print that notice may be
  given by e-mail if the tenant elects to provide an e-mail address.
         SECTION 6.  Subchapter C, Chapter 59, Property Code, is
  amended by adding Section 59.0445 to read as follows:
         Sec. 59.0445.  NOTICE TO OWNER AND LIENHOLDERS.  (a)  This
  section applies to the enforcement of a lien under this chapter on:
               (1)  a motor vehicle subject to Chapter 501,
  Transportation Code;
               (2)  a motorboat, vessel, or outboard motor for which a
  certificate of title is required under Subchapter B, Chapter 31,
  Parks and Wildlife Code; or
               (3)  a motor vehicle, motorboat, vessel, or outboard
  motor registered or titled outside this state.
         (b)  In addition to the notices required by Sections 59.042
  and 59.044, not later than the 30th day after the date the lessor
  takes possession of the motor vehicle, motorboat, vessel, or
  outboard motor to enforce a lien under this chapter, the lessor
  shall give written notice of sale to the last known owner and each
  holder of a lien recorded on the registration or certificate of
  title of the motor vehicle, motorboat, vessel, or outboard motor
  or, if the registration or title is outside this state, the owner
  and each lienholder of record in the location in which the motor
  vehicle, motorboat, vessel, or outboard motor is registered or
  titled.
         (c)  Except as provided by Subsection (d), the notice
  required by this section must be sent by verified mail.  Notice by
  verified mail is considered mailed when the notice, properly
  addressed with postage prepaid, is deposited with the United States
  Postal Service or a common carrier.  The notice must include:
               (1)  the amount of the charges secured by the lien;
               (2)  a request for payment; and
               (3)  a statement that if the charges are not paid in
  full before the 31st day after the date the notice is mailed or
  published, as applicable, the property may be sold at public
  auction.
         (d)  The notice required by this section may be given by
  publishing the notice once in a print or electronic version of a
  newspaper of general circulation in the county in which the motor
  vehicle, motorboat, vessel, or outboard motor is stored if:
               (1)  the lessor submits a written request by verified
  mail to the governmental entity with which the motor vehicle,
  motorboat, vessel, or outboard motor is registered or titled
  requesting information relating to the identity of the last known
  owner of record and any lienholder of record;
               (2)  the lessor:
                     (A)  is advised in writing by the governmental
  entity with which the motor vehicle, motorboat, vessel, or outboard
  motor is registered or titled that the entity is unwilling or unable
  to provide information on the last known owner of record or any
  lienholder of record; or
                     (B)  does not receive a response from the
  governmental entity with which the motor vehicle, motorboat,
  vessel, or outboard motor is registered or titled on or before the
  21st day after the date the lessor submits the request;
               (3)  the identity of the last known owner of record
  cannot be determined;
               (4)  the registration or title does not contain an
  address for the last known owner of record; and
               (5)  the lessor cannot determine the identities and
  addresses of the lienholders of record.
         (e)  The lessor is not required to publish notice under
  Subsection (d) if a correctly addressed notice is sent with
  sufficient postage in accordance with Subsections (b) and (c) and
  is returned as unclaimed or refused or with a notation that the
  addressee is unknown or has moved without leaving a forwarding
  address or the forwarding order has expired.
         (f)  After notice is given under this section to the owner of
  or the holder of a lien on the motor vehicle, motorboat, vessel, or
  outboard motor, the owner or lienholder may take possession of the
  motor vehicle, motorboat, vessel, or outboard motor by paying all
  charges due to the lessor before the 31st day after the date the
  notice is mailed or published as provided by this section.
         (g)  If the charges are not paid before the 31st day after the
  date the notice is mailed or published, as applicable, the lessor
  may sell the motor vehicle, motorboat, vessel, or outboard motor at
  a public sale and apply the proceeds to the charges.
         (h)  A person commits an offense if the person knowingly
  provides false or misleading information in a notice required by
  this section.  An offense under this subsection is a Class B
  misdemeanor.
         SECTION 7.  Subsections (a) and (e), Section 70.006,
  Property Code, are amended to read as follows:
         (a)  A holder of a lien under this subchapter [or Chapter 59]
  on a motor vehicle subject to Chapter 501, Transportation Code, or
  on a motorboat, vessel, or outboard motor for which a certificate of
  title is required under Subchapter B, Chapter 31, Parks and
  Wildlife Code, as amended, who retains possession of the motor
  vehicle, motorboat, vessel, or outboard motor shall, not later than
  the 30th day after the date on which the charges accrue, give
  written notice to the owner and each holder of a lien recorded on
  the certificate of title.  A holder of a possessory lien on a motor
  vehicle under Section 70.001, other than a person licensed as a
  franchised dealer under Chapter 2301, Occupations Code, shall file
  a copy of the notice and all information required by this section
  with the county tax assessor-collector's office in the county in
  which the repairs were made with an administrative fee of $25
  payable to the county tax assessor-collector.  If the motor
  vehicle, motorboat, vessel, or outboard motor is registered outside
  this state, the holder of a lien under this subchapter who retains
  possession during that period shall give notice to the last known
  registered owner and each lienholder of record.
         (e)  After notice is given under this section to the owner of
  or the holder of a lien on the motor vehicle, motorboat, vessel, or
  outboard motor, the owner or holder of the lien may obtain
  possession of the motor vehicle, motorboat, vessel, or outboard
  motor by paying all charges due to the holder of a lien under this
  subchapter [and Chapter 59] before the 31st day after the date the
  notice is mailed or published as provided by this section.
         SECTION 8.  Subsection (c), Section 501.074, Transportation
  Code, is amended to read as follows:
         (c)  If a constitutional or statutory lien is foreclosed, the
  department may issue a new certificate of title in the name of the
  purchaser at the foreclosure sale on receiving:
               (1)  the affidavit of the lienholder of the fact of the
  creation of the lien and of the divestiture of title according to
  law; and
               (2)  proof of notice as required by Sections 70.004 and
  70.006, Property Code, or by Section 59.0445, Property Code.
         SECTION 9.  Section 59.047, Property Code, is repealed.
         SECTION 10.  The changes in law made by this Act to Chapter
  59, Property Code, apply only to a self-service storage facility
  rental agreement entered into, extended, or renewed on or after the
  effective date of this Act.  A self-service storage facility rental
  agreement entered into, extended, or renewed before the effective
  date of this Act is governed by the law in effect immediately before
  the effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 11.  This Act takes effect January 1, 2012.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 690 passed the Senate on
  March 24, 2011, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendment on May 23, 2011, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 690 passed the House, with
  amendment, on May 13, 2011, by the following vote: Yeas 138,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor