Texas House Bill HB1631

Texas 2009 - 81st Regular

• Out of House Committee: 4/14/09

Caption

Relating to certain notice requirements regarding possessory liens on certain motor vehicles; providing a criminal penalty.

Impact

By specifying the details that must be included in the notice, HB1631 seeks to protect the rights of vehicle owners and lienholders. If a lienholder fails to comply with the notice requirements, their possessory lien could be deemed inferior to recorded titles, thereby altering the hierarchical status of lien claims. Additionally, the bill obligates lienholders to make reasonable efforts to facilitate inspections by the vehicle owner or their lienholders, promoting fair practices in the repair and lien process.

Summary

House Bill 1631 introduces specific notice requirements for holders of possessory liens on motor vehicles, motorboats, vessels, or outboard motors in Texas. The bill mandates that lienholders provide detailed information when issuing notice to lienholders of record. This includes the physical address of the property where repairs were conducted, the legal name of the lienholder, relevant identification numbers, and a signed work order. These provisions aim to enhance transparency and accountability within the lien notification process related to vehicle repairs.

Contention

The bill includes a criminal penalty for those who knowingly provide false or misleading information in the required notices, classifying such an offense as a Class B misdemeanor. This provision introduces potential legal repercussions for lienholders, thereby encouraging compliance with the new regulations. The focus on stricter notice requirements reflects broader legislative efforts to standardize and regulate lien practices, intending to enhance consumer protection within the automotive repair industry.