81R4358 UM-F
By: Harless H.B. No. 1631
A BILL TO BE ENTITLED
AN ACT
relating to certain notice requirements regarding possessory liens
on certain motor vehicles, motorboats, vessels, or outboard motors;
providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 70.006, Property Code, is amended by
adding Subsections (b-1), (b-2), (b-3), and (g) to read as follows:
(b-1) A holder of a possessory lien under Section 70.001 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, motorboat, vessel, or outboard
motor were made;
(2) the legal name of the person that holds the
possessory lien for which the notice is required;
(3) the social security number, 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, motorboat, vessel, or outboard motor.
(b-2) If the holder of a possessory lien required to give
notice in accordance with Subsection (b-1) does not comply with
that subsection, a lien recorded on the certificate of title of the
motor vehicle, motorboat, vessel, or outboard motor is superior to
the possessory lienholder's lien.
(b-3) A person commits an offense if the person knowingly
provides false or misleading information in a notice required by
this section. An offense under this subsection is a Class B
misdemeanor.
(g) After providing notice in accordance with this section,
a holder of a possessory lien under Section 70.001 shall make
commercially reasonable efforts to allow an owner and each
lienholder of record to inspect or arrange an inspection of the
motor vehicle, motorboat, vessel, or outboard motor by a qualified
professional to verify that the repairs were made.
SECTION 2. The changes in law made by this Act apply only to
a possessory lien on a motor vehicle, motorboat, vessel, or
outboard motor the possession of which is obtained on or after the
effective date of this Act. A possessory lien on a motor vehicle,
motorboat, vessel, or outboard motor 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, 2009.