82R11921 TJS-D
By: Williams S.B. No. 1036
A BILL TO BE ENTITLED
AN ACT
relating to notice required in connection with possessory liens on
motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 70.006(a) and (h), Property Code, are
amended to read as follows:
(a) A holder of a lien under this subchapter or Chapter 59 on
a motor vehicle subject to Chapter 501, Transportation Code, or on a
motorboat, vessel, or outboard motor for which a certificate of
title is required under Subchapter B, Chapter 31, Parks and
Wildlife Code, as amended, who retains possession of the motor
vehicle, motorboat, vessel, or outboard motor shall, not later than
the 30th day after the date on which the charges accrue, give
written notice to the owner and each holder of a lien recorded on
the certificate of title. A holder of a possessory lien on a motor
vehicle under Section 70.001, or the holder of a self-service
storage facility lien on a motor vehicle under Chapter 59, other
than a person licensed as a franchised dealer under Chapter 2301,
Occupations Code, shall file a copy of the notice and all
information required by this section with the county tax
assessor-collector's office in the county in which the repairs were
made or in which the self-service storage facility is located, as
appropriate, with an administrative fee of $25 payable to the
county tax assessor-collector. If the motor vehicle, motorboat,
vessel, or outboard motor is registered outside this state, the
holder of a lien under this subchapter who retains possession
during that period shall give notice to the last known registered
owner and each lienholder of record.
(h) Not later than the 10th day after the date the county tax
assessor-collector receives notice under this section, the county
tax assessor-collector shall provide a copy of the notice to the
owner of the motor vehicle and each holder of a lien recorded on the
certificate of title of the motor vehicle. Except as provided by
this subsection, the county tax assessor-collector shall provide
the notice required by this section in the same manner as a holder
of a lien is required to provide a notice under this section.
Notice under this section is required regardless of the date on
which the charges on which the possessory lien is based accrued.
SECTION 2. The change in law made by this Act applies only
to notice received by a county tax assessor-collector on or after
the effective date of this Act. Notice received by a county tax
assessor-collector before the effective date of this Act is
governed by the law in effect at the time notice was received, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.