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AN ACT
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relating to notice provided to vehicle owners and lienholders by |
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operators of vehicle storage facilities. |
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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 adding Subsections (b-1) and (b-2) to read as follows: |
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(b-1) The operator of a vehicle storage facility shall send |
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a written notice required under Subsection (b) to an address |
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obtained, by mail or electronically, either: |
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(1) directly from the governmental entity responsible |
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for maintaining the motor vehicle title and registration database |
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for the state in which the vehicle is registered; or |
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(2) from a private entity authorized by that |
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governmental entity to obtain title, registration, and lienholder |
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information using a single vehicle identification number inquiry |
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submitted through a secure access portal to the governmental |
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entity's motor vehicle records. |
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(b-2) An address obtained electronically from a |
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governmental entity under Subsection (b-1)(1) must be obtained |
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through the governmental entity's secure access portal. |
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SECTION 2. Section 2303.152, Occupations Code, is amended |
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by amending Subsections (a) and (b) and adding Subsection (b-1) to |
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read as follows: |
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(a) Notice to the registered owner and the primary |
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lienholder of a vehicle towed to a vehicle storage facility may be |
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provided by publication in a newspaper of general circulation in |
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the county in which the vehicle is stored if: |
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(1) the vehicle is registered in another state; |
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(2) the operator of the storage facility submits to |
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the governmental entity responsible for maintaining the motor |
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vehicle title and registration database for the state in which the |
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vehicle is registered [with which the vehicle is registered] a |
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[written] request for information relating to the identity of the |
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registered owner and any lienholder of record that is either: |
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(A) written; or |
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(B) electronic, through the governmental |
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entity's secure access portal; |
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(3) the identity of the registered owner cannot be |
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determined; |
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(4) the registration does not contain an address for |
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the registered owner; or |
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(5) the operator of the storage facility cannot |
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reasonably determine the identity and address of each lienholder. |
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(b) A [The] written request under Subsection (a)(2)(A) |
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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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(b-1) An electronic request under Subsection (a)(2)(B) must |
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be submitted either: |
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(1) directly to the governmental entity through the |
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governmental entity's secure access portal; or |
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(2) to a private entity authorized by the governmental |
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entity to obtain title, registration, and lienholder information |
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using a single vehicle identification number inquiry submitted |
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through a secure access portal to the governmental entity's motor |
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vehicle records. |
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SECTION 3. Subchapter D, Chapter 2303, Occupations Code, is |
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amended by adding Section 2303.1521 to read as follows: |
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Sec. 2303.1521. CERTAIN VEHICLES WITH STATE OF REGISTRATION |
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UNKNOWN. (a) An operator of a vehicle storage facility who |
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receives a motor vehicle as defined by Section 501.002(17)(A), |
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Transportation Code, and does not know the state in which the |
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vehicle is registered may give notice by publication under Section |
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2303.152 only if the operator: |
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(1) obtains, using the motor vehicle's vehicle |
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identification number, by mail or electronically, a report from the |
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National Motor Vehicle Title Information System operated by the |
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United States Department of Justice, or a successor system, showing |
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the state in which the motor vehicle is titled; and |
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(2) either: |
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(A) is unable to determine from the report the |
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governmental entity that is responsible for maintaining the |
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registration information for the motor vehicle; or |
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(B) attempts to and is unable to obtain, from the |
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governmental entity indicated in the report, the identity and |
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address of any registered owner and any lienholder. |
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(b) An operator who attempts to obtain owner and lienholder |
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information under Subsection (a)(2) must attempt to obtain the |
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information, by mail or electronically, either: |
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(1) directly from the governmental entity; or |
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(2) from a private entity authorized by the |
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governmental entity to obtain title, registration, and lienholder |
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information using a single vehicle identification number inquiry |
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submitted through a secure access portal to the governmental |
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entity's motor vehicle records. |
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(c) An address obtained electronically from a governmental |
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entity under Subsection (b)(1) must be obtained through the |
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governmental entity's secure access portal. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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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. 1247 was passed by the House on April |
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20, 2017, by the following vote: Yeas 143, Nays 1, 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. 1247 was passed by the Senate on May |
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24, 2017, by the following vote: Yeas 31, Nays 0. |
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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 |