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AN ACT
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relating to notice required in connection with possessory liens on |
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certain motor vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 70.006, Property Code, is amended by |
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amending Subsections (a) and (b-1) and adding Subsection (a-1) to |
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read as follows: |
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(a) A holder of a lien under this subchapter on a motor |
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vehicle subject to Chapter 501, Transportation Code, or on a |
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motorboat, vessel, or outboard motor for which a certificate of |
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title is required under Subchapter B, Chapter 31, Parks and |
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Wildlife Code, as amended, who retains possession of the motor |
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vehicle, motorboat, vessel, or outboard motor shall give written |
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notice to the owner and each holder of a lien recorded on the |
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certificate of title. Subject to Subsection (a-1) [Not later than |
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the 30th day after the date on which the charges accrue], a holder |
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of a possessory lien on a motor vehicle under Section 70.001, other |
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than a person licensed as a franchised dealer under Chapter 2301, |
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Occupations Code, shall file a copy of the notice and all |
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information required by this section with the county tax |
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assessor-collector's office in the county in which the repairs were |
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made with an administrative fee of $25 payable to the county tax |
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assessor-collector. If the motor vehicle, motorboat, vessel, or |
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outboard motor is registered outside this state, the holder of a |
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lien under this subchapter who retains possession during that |
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period shall give notice to the last known registered owner and each |
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lienholder of record. |
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(a-1) A copy of the notice and information required to be |
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filed with the county tax assessor-collector's office under |
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Subsection (a) must be filed: |
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(1) for a motor vehicle that has a gross vehicle weight |
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rating of less than 16,000 pounds, not later than the 30th day after |
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the date on which the charges accrue; and |
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(2) for a motor vehicle that has a gross vehicle weight |
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rating equal to or greater than 16,000 pounds, not later than the |
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later of the 30th day after the date on which the charges accrue or |
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the 30th day before the date of a proposed sale or disposition of |
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the motor vehicle under Subsection (f) or (f-1). |
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(b-1) A holder of a possessory lien on a motor vehicle under |
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Section 70.001, other than a person licensed as a franchised dealer |
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under Chapter 2301, Occupations Code, who is required to give |
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notice to a lienholder of record under this section must include in |
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the notice: |
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(1) the physical address of the real property at which |
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the repairs to the motor vehicle were made; |
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(2) the legal name of the person that holds the |
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possessory lien for which the notice is required; |
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(3) the taxpayer identification number or employer |
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identification number, as applicable, of the person that holds the |
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possessory lien for which the notice is required; [and] |
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(4) a signed copy of the work order authorizing the |
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repairs on the motor vehicle; and |
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(5) if applicable, the proposed date of the sale or |
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disposition of the motor vehicle under Subsection (f) or (f-1). |
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SECTION 2. The changes in law made by this Act apply only to |
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a possessory lien on a motor vehicle the possession of which is |
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obtained on or after the effective date of this Act. A possessory |
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lien on a motor vehicle the possession of which was obtained before |
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that date is governed by the law in effect at the time possession |
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was obtained, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |
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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. 2879 was passed by the House on April |
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27, 2021, by the following vote: Yeas 144, Nays 2, 1 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. 2879 was passed by the Senate on May |
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26, 2021, 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 |