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AN ACT
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relating to notice requirements and other procedures relating to |
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the possession or sale of a motor vehicle, motorboat, vessel, or |
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outboard motor by a possessory lienholder. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 70.001, Property Code, is amended by |
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adding Subsections (b-1) and (b-2) to read as follows: |
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(b-1) Except as provided by Subsection (b), a lien provided |
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by this section on a motor vehicle, motorboat, vessel, or outboard |
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motor is released when a worker: |
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(1) receives good and sufficient payment of the |
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amounts due under Subsection (a) and, if applicable, Subsection |
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(d); or |
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(2) relinquishes possession of the motor vehicle, |
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motorboat, vessel, or outboard motor. |
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(b-2) A worker's right to possession under this section may |
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not be assigned to a third party in return for payment of any amount |
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due under Subsection (a) or (d). |
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SECTION 2. Effective September 1, 2015, Sections 70.006(e), |
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(f), (g), and (h), Property Code, are amended to read as follows: |
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(e) After notice is given under this section to the owner of |
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or the holder of a lien on the motor vehicle, motorboat, vessel, or |
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outboard motor, the owner or holder of the lien may obtain |
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possession of the motor vehicle, motorboat, vessel, or outboard |
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motor by paying all charges due to the holder of a lien under this |
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subchapter before the 31st day after the date a copy of the notice |
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is filed with the county tax assessor-collector's office [the
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notice is mailed or published as provided by this section]. |
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(f) If the charges are not paid before the 31st day after the |
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date that a copy of the notice required by Subsection (a) is filed |
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with the county tax assessor-collector's office [day that the
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notice is mailed or published, as applicable], the lienholder may |
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sell the motor vehicle, motorboat, vessel, or outboard motor at a |
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public sale and apply the proceeds to the charges. The lienholder |
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shall pay excess proceeds to the person entitled to them. The public |
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sale may not take place before the 31st day after the date a copy of |
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the notice is filed with the county tax assessor-collector's |
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office. |
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(g) After providing notice in accordance with this section, |
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a holder of a possessory lien on a motor vehicle under Section |
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70.001, other than a person licensed as a franchised dealer under |
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Chapter 2301, Occupations Code, shall, on request, [not later than
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the 30th day after the date on which the charges accrue, make
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commercially reasonable efforts to] allow an owner and each |
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lienholder of record to inspect or arrange an inspection of the |
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motor vehicle by a qualified professional to verify that the |
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repairs were made. The inspection must be completed before the date |
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of the public sale authorized by Subsection (f). |
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(h) Not later than the 15th business day after the date the |
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county tax assessor-collector receives notice under this section, |
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the county tax assessor-collector shall provide a copy of the |
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notice that indicates the date the notice was filed with the county |
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tax assessor-collector to the owner of the motor vehicle and each |
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holder of a lien recorded on the certificate of title of the motor |
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vehicle. Except as provided by this subsection, the county tax |
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assessor-collector shall provide the notice required by this |
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section in the same manner as a holder of a lien is required to |
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provide a notice under this section, except that the county tax |
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assessor-collector is not required to use certified mail. Notice |
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under this section is required regardless of the date on which the |
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charges on which the possessory lien is based accrued. |
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SECTION 3. (a) Sections 70.006(e), (f), and (h), Property |
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Code, as amended by this Act, apply only to a notice required under |
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Section 70.006(a), Property Code, provided on or after September 1, |
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2015. A notice provided before September 1, 2015, is governed by the |
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law as it existed immediately before September 1, 2015, and that law |
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is continued in effect for that purpose. |
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(b) Section 70.006(g), Property Code, as amended by this |
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Act, applies only to a sale of a motor vehicle, motorboat, vessel, |
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or outboard motor for which the notice required under Section |
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70.006(a), Property Code, is provided on or after September 1, |
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2015. A sale for which the notice required under Section 70.006(a), |
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Property Code, is provided before September 1, 2015, is governed by |
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the law as it existed immediately before September 1, 2015, and that |
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law is continued in effect for that purpose. |
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SECTION 4. Except as otherwise provided by this Act, this |
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Act takes effect immediately if it receives a vote of two-thirds of |
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all the members elected to each house, as provided by Section 39, |
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Article III, Texas Constitution. If this Act does not receive the |
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vote necessary for immediate effect, this Act takes effect |
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September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2076 was passed by the House on May |
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12, 2015, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 2076 on May 29, 2015, by the following vote: Yeas 141, Nays 1, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2076 was passed by the Senate, with |
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amendments, on May 27, 2015, by the following vote: Yeas 30, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |