Texas 2009 - 81st Regular

Texas Senate Bill SB543 Compare Versions

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1	1	S.B. No. 543
2	2
3	3
4	4	AN ACT
5	5	relating to certain possessory liens; providing a criminal penalty.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Subsection (c), Section 70.003, Property Code,
8	8	is amended to read as follows:
9	9	(c) A garageman with whom a motor vehicle, motorboat,
10	10	vessel, or outboard motor is left for care has a lien on the motor
11	11	vehicle, motorboat, vessel, or outboard motor for the amount of the
12	12	charges for the care, including reasonable charges for towing the
13	13	motor vehicle, motorboat, vessel, or outboard motor to the
14	14	garageman's place of business and excluding charges for repairs.
15	15	SECTION 2. Section 70.006, Property Code, is amended by
16	16	amending Subsection (a) and adding Subsections (b-1), (b-2), (b-3),
17	17	(g), and (h) to read as follows:
18	18	(a) A holder of a lien under this subchapter or Chapter 59 on
19	19	a motor vehicle subject to Chapter 501, Transportation Code, or on a
20	20	motorboat, vessel, or outboard motor for which a certificate of
21	21	title is required under Subchapter B, Chapter 31, Parks and
22	22	Wildlife Code, as amended, who retains possession of the motor
23	23	vehicle, motorboat, vessel, or outboard motor [for 30 days after
24	24	the day that the charges accrue] shall, not later than the 30th day
25	25	after the date on which the charges accrue, give written notice to
26	26	the owner and each holder of a lien recorded on the certificate of
27	27	title. A holder of a possessory lien on a motor vehicle under
28	28	Section 70.001, other than a person licensed as a franchised dealer
29	29	under Chapter 2301, Occupations Code, shall file a copy of the
30	30	notice and all information required by this section with the county
31	31	tax assessor-collector's office in the county in which the repairs
32	32	were made with an administrative fee of $25 payable to the county
33	33	tax assessor-collector. If the motor vehicle, motorboat, vessel,
34	34	or outboard motor is registered outside this state, the holder of a
35	35	lien under this subchapter who retains possession during that
36	36	period shall give notice to the last known registered owner and each
37	37	lienholder of record.
38	38	(b-1) A holder of a possessory lien on a motor vehicle under
39	39	Section 70.001, other than a person licensed as a franchised dealer
40	40	under Chapter 2301, Occupations Code, who is required to give
41	41	notice to a lienholder of record under this section must include in
42	42	the notice:
43	43	(1) the physical address of the real property at which
44	44	the repairs to the motor vehicle were made;
45	45	(2) the legal name of the person that holds the
46	46	possessory lien for which the notice is required;
47	47	(3) the taxpayer identification number or employer
48	48	identification number, as applicable, of the person that holds the
49	49	possessory lien for which the notice is required; and
50	50	(4) a signed copy of the work order authorizing the
51	51	repairs on the motor vehicle.
52	52	(b-2) If the holder of a possessory lien required to give
53	53	notice in accordance with Subsection (b-1) does not comply with
54	54	that subsection, a lien recorded on the certificate of title of the
55	55	motor vehicle is superior to the possessory lienholder's lien.
56	56	(b-3) A person commits an offense if the person knowingly
57	57	provides false or misleading information in a notice required by
58	58	this section. An offense under this subsection is a Class B
59	59	misdemeanor.
60	60	(g) After providing notice in accordance with this section,
61	61	a holder of a possessory lien on a motor vehicle under Section
62	62	70.001, other than a person licensed as a franchised dealer under
63	63	Chapter 2301, Occupations Code, shall, on request, not later than
64	64	the 30th day after the date on which the charges accrue, make
65	65	commercially reasonable efforts to allow an owner and each
66	66	lienholder of record to inspect or arrange an inspection of the
67	67	motor vehicle by a qualified professional to verify that the
68	68	repairs were made.
69	69	(h) Not later than the 10th day after the date the county tax
70	70	assessor-collector receives notice under this section, the county
71	71	tax assessor-collector shall provide a copy of the notice to the
72	72	owner of the motor vehicle and each holder of a lien recorded on the
73	73	certificate of title of the motor vehicle. Except as provided by
74	74	this subsection, the county tax assessor-collector shall provide
75	75	the notice required by this section in the same manner as a holder
76	76	of a lien is required to provide a notice under this section.
77	77	SECTION 3. The Texas Transportation Commission shall adopt
78	78	rules necessary to carry out the Texas Department of
79	79	Transportation's duties under Sections 70.003 and 70.006, Property
80	80	Code, as amended by this Act.
81	81	SECTION 4. The changes in law made by this Act apply only to
82	82	a possessory lien on a motor vehicle, motorboat, vessel, or
83	83	outboard motor the possession of which is obtained on or after the
84	84	effective date of this Act. A possessory lien on a motor vehicle,
85	85	motorboat, vessel, or outboard motor the possession of which was
86	86	obtained before that date is governed by the law in effect at the
87	87	time possession was obtained, and the former law is continued in
88	88	effect for that purpose.
89	89	SECTION 5. This Act takes effect September 1, 2009.
90	90	______________________________ ______________________________
91	91	President of the Senate Speaker of the House
92	92	I hereby certify that S.B. No. 543 passed the Senate on
93	93	April 2, 2009, by the following vote: Yeas 31, Nays 0; and that
94	94	the Senate concurred in House amendment on May 11, 2009, by the
95	95	following vote: Yeas 31, Nays 0.
96	96	______________________________
97	97	Secretary of the Senate
98	98	I hereby certify that S.B. No. 543 passed the House, with
99	99	amendment, on May 6, 2009, by the following vote: Yeas 142,
100	100	Nays 0, two present not voting.
101	101	______________________________
102	102	Chief Clerk of the House
103	103	Approved:
104	104	______________________________
105	105	Date
106	106	______________________________
107	107	Governor