81R15403 UM-F
By: Harless H.B. No. 1631
Substitute the following for H.B. No. 1631:
By: Geren C.S.H.B. No. 1631
A BILL TO BE ENTITLED
AN ACT
relating to certain notice requirements regarding possessory liens
on certain motor vehicles; 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 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.
(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 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 on a motor vehicle under Section
70.001, other than a person licensed as a franchised dealer under
Chapter 2301, Occupations Code, shall make commercially reasonable
efforts to allow an owner and each lienholder of record to inspect
or arrange an inspection of the motor vehicle 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 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, 2009.