Texas 2009 - 81st Regular

Texas Senate Bill SB543

Filed
 
Out of Senate Committee
3/20/09  
Voted on by Senate
4/2/09  
Out of House Committee
5/2/09  
Voted on by House
5/6/09  
Governor Action
5/20/09  
Bill Becomes Law
 
Enrolled
5/11/09  

Caption

Relating to certain possessory liens; providing a criminal penalty.

Impact

The impact of SB543 is primarily on the regulatory landscape governing possessory liens in Texas. By establishing clear notice requirements, the bill aims to protect both lienholders and vehicle owners by ensuring that all parties are adequately informed. This could lead to a decrease in disputes regarding lien claims and enhance the accountability of those holding possessory liens, as failure to comply with the notice requirements could result in the lien being rendered inferior to other recorded liens.

Summary

Senate Bill 543 introduces amendments to the Property Code of Texas regarding the notification requirements linked with possessory liens on motor vehicles and similar items. The bill outlines specific information that must be included in the notice to a lienholder, such as the physical address where the repairs were conducted, the legal name of the lienholder, and identification numbers pertinent to the lien holder. Furthermore, it mandates that a signed copy of the work order authorizing the repairs must be provided as well.

Conclusion

Overall, SB543 seeks to refine the process related to possessory liens by instituting robust notification protocols and accountability measures. Supporters may argue that these changes enhance consumer protection and ensure that lienholders operate transparently, while critics might raise concerns over the implications of the criminal penalties for inadvertent errors.

Contention

Notably, the bill also introduces a criminal penalty for individuals who knowingly provide false or misleading information when delivering the required notice, classifying this offense as a Class B misdemeanor. This provision has the potential to spark debate regarding the appropriateness of criminalizing certain administrative actions, with concerns that it may impose harsh penalties for individuals who may unintentionally err in the information they supply.

Companion Bills

TX HB1631

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

Similar Bills

No similar bills found.