Texas 2011 - 82nd Regular

Texas House Bill HB1259 Compare Versions

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1	1	82R16347 NC-D
2	2	By: Miller of Erath H.B. No. 1259
3	3	Substitute the following for H.B. No. 1259:
4	4	By: Quintanilla C.S.H.B. No. 1259
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the enforcement of a self-service storage facility
10	10	lien; providing a penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 59.001, Property Code, is amended by
13	13	adding Subdivisions (1-a) and (5) to read as follows:
14	14	(1-a) "Military service" means:
15	15	(A) military service as defined by Section 101,
16	16	Servicemembers Civil Relief Act (50 U.S.C. App. Section 511); and
17	17	(B) active duty service for a period of more than
18	18	30 consecutive days as a member of the Texas State Guard or Texas
19	19	National Guard under the call of the governor.
20	20	(5) "Verified mail" means any method of mailing that
21	21	provides evidence of mailing.
22	22	SECTION 2. Section 59.003(a), Property Code, is amended to
23	23	read as follows:
24	24	(a) Subchapter B, Chapter 54, and Chapter 70 do [does] not
25	25	apply to a self-service storage facility.
26	26	SECTION 3. Subchapter A, Chapter 59, Property Code, is
27	27	amended by adding Section 59.010 to read as follows:
28	28	Sec. 59.010. RIGHTS OF CERTAIN MILITARY MEMBERS. (a) In
29	29	this section, "servicemember" has the meaning assigned by Section
30	30	101, Servicemembers Civil Relief Act (50 U.S.C. App. Section 511).
31	31	(b) A member of the Texas State Guard or Texas National
32	32	Guard who is in military service is entitled to the same protections
33	33	and rights relating to the enforcement of storage liens under the
34	34	Servicemembers Civil Relief Act (50 U.S.C. App. Section 501 et
35	35	seq.) to which a servicemember is entitled.
36	36	SECTION 4. Sections 59.042(b) and (c), Property Code, are
37	37	amended to read as follows:
38	38	(b) If the tenant fails to satisfy the claim on or before the
39	39	14th [15th] day after the date [day that] the notice is delivered,
40	40	the lessor must publish or post notices advertising the sale as
41	41	provided by this subchapter.
42	42	(c) If notice is by publication, the lessor may not sell the
43	43	property until the 15th day after the date [day that] the notice is
44	44	first [notice is] published. If notice is by posting, the lessor
45	45	may sell the property after the 10th day after the date [day that]
46	46	the notices are posted.
47	47	SECTION 5. Section 59.043, Property Code, is amended to
48	48	read as follows:
49	49	Sec. 59.043. CONTENTS AND DELIVERY OF NOTICE OF CLAIM;
50	50	INFORMATION REGARDING TENANT'S MILITARY SERVICE. (a) The lessor's
51	51	notice to the tenant of the claim must contain:
52	52	(1) an itemized account of the claim;
53	53	(2) the name, address, and telephone number of the
54	54	lessor or the lessor's agent;
55	55	(3) a statement that the contents of the self-service
56	56	storage facility have been seized under the contractual landlord's
57	57	lien; [and]
58	58	(4) a statement that if the tenant fails to satisfy the
59	59	claim on or [is not satisfied] before the 14th [15th] day after the
60	60	date [day that] the notice is delivered, the property may be sold at
61	61	public auction; and
62	62	(5) a statement underlined or printed in conspicuous
63	63	bold print requesting a tenant who is in military service to notify
64	64	the lessor of the status of the tenant's current military service
65	65	immediately.
66	66	(b) A lessor may require written proof of a tenant's
67	67	military service in the form of documentation from the United
68	68	States Department of Defense or other documentation reasonably
69	69	acceptable to the lessor.
70	70	(c) Subject to Subsection (d), the [The] lessor must deliver
71	71	the notice in person or by e-mail or verified [by certified] mail to
72	72	the tenant's last known e-mail or postal address as stated in the
73	73	rental agreement or in a written notice from the tenant to the
74	74	lessor furnished after the execution of the rental agreement.
75	75	Notice by verified mail is considered delivered when the notice,
76	76	properly addressed with postage prepaid, is deposited with the
77	77	United States Postal Service or a common carrier. Notice by e-mail
78	78	is considered delivered when sent to the last known e-mail address
79	79	of the tenant.
80	80	(d) The notice may not be sent by e-mail unless a written
81	81	rental agreement between the lessor and the tenant contains
82	82	language underlined or in conspicuous bold print that notice may be
83	83	given by e-mail if the tenant elects to provide an e-mail address.
84	84	SECTION 6. Subchapter C, Chapter 59, Property Code, is
85	85	amended by adding Section 59.0445 to read as follows:
86	86	Sec. 59.0445. NOTICE TO OWNER AND LIENHOLDERS. (a) This
87	87	section applies to the enforcement of a lien under this chapter on:
88	88	(1) a motor vehicle subject to Chapter 501,
89	89	Transportation Code;
90	90	(2) a motorboat, vessel, or outboard motor for which a
91	91	certificate of title is required under Subchapter B, Chapter 31,
92	92	Parks and Wildlife Code; or
93	93	(3) a motor vehicle, motorboat, vessel, or outboard
94	94	motor registered or titled outside this state.
95	95	(b) In addition to the notices required by Sections 59.042
96	96	and 59.044, not later than the 30th day after the date the lessor
97	97	takes possession of the motor vehicle, motorboat, vessel, or
98	98	outboard motor to enforce a lien under this chapter, the lessor
99	99	shall give written notice of sale to the last known owner and each
100	100	holder of a lien recorded on the registration or certificate of
101	101	title of the motor vehicle, motorboat, vessel, or outboard motor
102	102	or, if the registration or title is outside this state, the owner
103	103	and each lienholder of record in the location in which the motor
104	104	vehicle, motorboat, vessel, or outboard motor is registered or
105	105	titled.
106	106	(c) Except as provided by Subsection (d), the notice
107	107	required by this section must be sent by verified mail. Notice by
108	108	verified mail is considered mailed when the notice, properly
109	109	addressed with postage prepaid, is deposited with the United States
110	110	Postal Service or a common carrier. The notice must include:
111	111	(1) the amount of the charges secured by the lien;
112	112	(2) a request for payment; and
113	113	(3) a statement that if the charges are not paid in
114	114	full before the 31st day after the date the notice is mailed or
115	115	published, as applicable, the property may be sold at public
116	116	auction.
117	117	(d) The notice required by this section may be given by
118	118	publishing the notice once in a print or electronic version of a
119	119	newspaper of general circulation in the county in which the motor
120	120	vehicle, motorboat, vessel, or outboard motor is stored if:
121	121	(1) the lessor submits a written request by verified
122	122	mail to the governmental entity with which the motor vehicle,
123	123	motorboat, vessel, or outboard motor is registered or titled
124	124	requesting information relating to the identity of the last known
125	125	owner of record and any lienholder of record;
126	126	(2) the lessor:
127	127	(A) is advised in writing by the governmental
128	128	entity with which the motor vehicle, motorboat, vessel, or outboard
129	129	motor is registered or titled that the entity is unwilling or unable
130	130	to provide information on the last known owner of record or any
131	131	lienholder of record; or
132	132	(B) does not receive a response from the
133	133	governmental entity with which the motor vehicle, motorboat,
134	134	vessel, or outboard motor is registered or titled on or before the
135	135	21st day after the date the lessor submits the request;
136	136	(3) the identity of the last known owner of record
137	137	cannot be determined;
138	138	(4) the registration or title does not contain an
139	139	address for the last known owner of record; and
140	140	(5) the lessor cannot determine the identities and
141	141	addresses of the lienholders of record.
142	142	(e) The lessor is not required to publish notice under
143	143	Subsection (d) if a correctly addressed notice is sent with
144	144	sufficient postage in accordance with Subsections (b) and (c) and
145	145	is returned as unclaimed or refused or with a notation that the
146	146	addressee is unknown or has moved without leaving a forwarding
147	147	address or the forwarding order has expired.
148	148	(f) After notice is given under this section to the owner of
149	149	or the holder of a lien on the motor vehicle, motorboat, vessel, or
150	150	outboard motor, the owner or lienholder may take possession of the
151	151	motor vehicle, motorboat, vessel, or outboard motor by paying all
152	152	charges due to the lessor before the 31st day after the date the
153	153	notice is mailed or published as provided by this section.
154	154	(g) If the charges are not paid before the 31st day after the
155	155	date the notice is mailed or published, as applicable, the lessor
156	156	may sell the motor vehicle, motorboat, vessel, or outboard motor at
157	157	a public sale and apply the proceeds to the charges.
158	158	(h) A person commits an offense if the person knowingly
159	159	provides false or misleading information in a notice required by
160	160	this section. An offense under this subsection is a Class B
161	161	misdemeanor.
162	162	SECTION 7. Sections 70.006(a) and (e), Property Code, are
163	163	amended to read as follows:
164	164	(a) A holder of a lien under this subchapter [or Chapter 59]
165	165	on a motor vehicle subject to Chapter 501, Transportation Code, or
166	166	on a motorboat, vessel, or outboard motor for which a certificate of
167	167	title is required under Subchapter B, Chapter 31, Parks and
168	168	Wildlife Code, as amended, who retains possession of the motor
169	169	vehicle, motorboat, vessel, or outboard motor shall, not later than
170	170	the 30th day after the date on which the charges accrue, give
171	171	written notice to the owner and each holder of a lien recorded on
172	172	the certificate of title. A holder of a possessory lien on a motor
173	173	vehicle under Section 70.001, other than a person licensed as a
174	174	franchised dealer under Chapter 2301, Occupations Code, shall file
175	175	a copy of the notice and all information required by this section
176	176	with the county tax assessor-collector's office in the county in
177	177	which the repairs were made with an administrative fee of $25
178	178	payable to the county tax assessor-collector. If the motor
179	179	vehicle, motorboat, vessel, or outboard motor is registered outside
180	180	this state, the holder of a lien under this subchapter who retains
181	181	possession during that period shall give notice to the last known
182	182	registered owner and each lienholder of record.
183	183	(e) After notice is given under this section to the owner of
184	184	or the holder of a lien on the motor vehicle, motorboat, vessel, or
185	185	outboard motor, the owner or holder of the lien may obtain
186	186	possession of the motor vehicle, motorboat, vessel, or outboard
187	187	motor by paying all charges due to the holder of a lien under this
188	188	subchapter [and Chapter 59] before the 31st day after the date the
189	189	notice is mailed or published as provided by this section.
190	190	SECTION 8. Section 501.074(c), Transportation Code, is
191	191	amended to read as follows:
192	192	(c) If a constitutional or statutory lien is foreclosed, the
193	193	department may issue a new certificate of title in the name of the
194	194	purchaser at the foreclosure sale on receiving:
195	195	(1) the affidavit of the lienholder of the fact of the
196	196	creation of the lien and of the divestiture of title according to
197	197	law; and
198	198	(2) proof of notice as required by Sections 70.004 and
199	199	70.006, Property Code, or by Section 59.0445, Property Code.
200	200	SECTION 9. Section 59.047, Property Code, is repealed.
201	201	SECTION 10. The changes in law made by this Act to Chapter
202	202	59, Property Code, apply only to a self-service storage facility
203	203	rental agreement entered into, extended, or renewed on or after the
204	204	effective date of this Act. A self-service storage facility rental
205	205	agreement entered into, extended, or renewed before the effective
206	206	date of this Act is governed by the law in effect immediately before
207	207	the effective date of this Act, and the former law is continued in
208	208	effect for that purpose.
209	209	SECTION 11. This Act takes effect January 1, 2012.