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  S.B. No. 1181
 
 
 
 
AN ACT
  relating to the towing of certain property from a self-service
  storage facility for disposition by a vehicle storage facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 59.001, Property Code, is amended by
  adding Subdivision (4-a) to read as follows:
               (4-a)  "Vehicle storage facility" has the meaning
  assigned by Section 2303.002, Occupations Code.
         SECTION 2.  Section 59.043(a), Property Code, is amended to
  read as follows:
         (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;
               (4)  a statement that if the tenant fails to satisfy the
  claim on or before the 14th day after the date the notice is
  delivered, the property may be, as applicable:
                     (A)  sold at public auction under this subchapter;
  or
                     (B)  towed to a vehicle storage facility and
  disposed of by the vehicle storage facility under Subchapter D,
  Chapter 2303, Occupations Code; 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.
         SECTION 3.  Chapter 59, Property Code, is amended by adding
  Subchapter D to read as follows:
  SUBCHAPTER D. TOWING OF CERTAIN PROPERTY TO VEHICLE STORAGE
  FACILITY
         Sec. 59.051.  APPLICABILITY. This subchapter applies only
  to property that is:
               (1)  a motor vehicle, trailer, or semitrailer for which
  a title or registration is required under Chapter 501 or 502,
  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, trailer, semitrailer, motorboat,
  vessel, or outboard motor registered or titled outside this state.
         Sec. 59.052.  TRANSFER OF CERTAIN PROPERTY TO VEHICLE
  STORAGE FACILITY. Notwithstanding Subchapter C, a lessor who takes
  possession of property to which this subchapter applies to enforce
  a lien under this chapter may transfer possession of the property
  and have the property towed to a vehicle storage facility for
  disposition by the vehicle storage facility under Subchapter D,
  Chapter 2303, Occupations Code, if:
               (1)  the transfer of possession and towing is
  authorized under a written rental agreement between the lessor and
  tenant;
               (2)  the lessor gives written notice of the lessor's
  claim to the tenant as required under Section 59.042(a) in the
  manner prescribed by Section 59.043;
               (3)  the tenant fails to satisfy the claim on or before
  the 14th day after the date the notice required under Section
  59.042(a) is delivered in the manner prescribed by Section 59.043;
  and
               (4)  the vehicle storage facility agrees in writing to
  accept possession of the property.
         Sec. 59.053.  LIEN EXTINGUISHED. A lessor's lien on
  property towed to a vehicle storage facility under Section 59.052
  is extinguished when the property is towed from the self-service
  storage facility.
         Sec. 59.054.  OTHER RIGHTS AND REMEDIES NOT AFFECTED.  
  Except as provided by Section 59.053, this subchapter does not
  affect any right or remedy of the lessor at law or in equity.
         Sec. 59.055.  LESSOR'S LIABILITY FOR PROPERTY. A lessor is
  not liable to a tenant for any damage to property that the lessor
  has towed under Section 59.052 that occurs during the tow or after
  the property is towed from the self-service storage facility.
         SECTION 4.  Chapter 2303, Occupations Code, is amended by
  adding Subchapter E to read as follows:
  SUBCHAPTER E. ACCEPTANCE AND DISPOSITION OF CERTAIN PROPERTY FROM
  SELF-SERVICE STORAGE FACILITY
         Sec. 2303.201.  DEFINITIONS. In this subchapter, "lessor"
  and "self-service storage facility" have the meanings assigned by
  Section 59.001, Property Code.
         Sec. 2303.202.  APPLICABILITY. This subchapter applies only
  to property described by Section 59.051, Property Code.
         Sec. 2303.203.  ACCEPTANCE OF PROPERTY. A vehicle storage
  facility shall accept property from a lessor who has transferred
  possession of the property from a self-service storage facility to
  the vehicle storage facility under Section 59.052, Property Code.
         Sec. 2303.204.  DISPOSITION OF PROPERTY. A vehicle storage
  facility that accepts property under Section 2303.203 may dispose
  of the property in the manner provided by Subchapter D for a vehicle
  received by a facility as described by Section 2303.151.
         SECTION 5.  This Act takes effect September 1, 2021.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1181 passed the Senate on
  April 9, 2021, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1181 passed the House on
  May 8, 2021, by the following vote:  Yeas 133, Nays 6, two present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor