H.B. No. 2879

	AN ACT
	relating to notice required in connection with possessory liens on
	certain motor vehicles.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 70.006, Property Code, is amended by
	amending Subsections (a) and (b-1) and adding Subsection (a-1) to
	read as follows:
	(a)  A holder of a lien under this subchapter 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 give written
	notice to the owner and each holder of a lien recorded on the
	certificate of title. Subject to Subsection (a-1) [Not later than
	the 30th day after the date on which the charges accrue], 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.
	(a-1)  A copy of the notice and information required to be
	filed with the county tax assessor-collector's office under
	Subsection (a) must be filed:
	(1)  for a motor vehicle that has a gross vehicle weight
	rating of less than 16,000 pounds, not later than the 30th day after
	the date on which the charges accrue; and
	(2)  for a motor vehicle that has a gross vehicle weight
	rating equal to or greater than 16,000 pounds, not later than the
	later of the 30th day after the date on which the charges accrue or
	the 30th day before the date of a proposed sale or disposition of
	the motor vehicle under Subsection (f) or (f-1).
	(b-1)  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, who is required to give
	notice to a lienholder of record under this section must include in
	the notice:
	(1)  the physical address of the real property at which
	the repairs to the motor vehicle were made;
	(2)  the legal name of the person that holds the
	possessory lien for which the notice is required;
	(3)  the taxpayer identification number or employer
	identification number, as applicable, of the person that holds the
	possessory lien for which the notice is required; [and]
	(4)  a signed copy of the work order authorizing the
	repairs on the motor vehicle; and
	(5)  if applicable, the proposed date of the sale or
	disposition of the motor vehicle under Subsection (f) or (f-1).
	SECTION 2.  The changes in law made by this Act apply only to
	a possessory lien on a motor vehicle the possession of which is
	obtained on or after the effective date of this Act. A possessory
	lien on a motor vehicle the possession of which was obtained before
	that date is governed by the law in effect at the time possession
	was obtained, and the former law is continued in effect for that
	purpose.
	SECTION 3.  This Act takes effect September 1, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2879 was passed by the House on April
	27, 2021, by the following vote:  Yeas 144, Nays 2, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2879 was passed by the Senate on May
	26, 2021, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor