By: Williams S.B. No. 1036
(In the Senate - Filed March 1, 2011; March 16, 2011, read
first time and referred to Committee on Transportation and Homeland
Security; April 29, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
April 29, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1036 By: Williams
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. Subsections (a) and (h), Section 70.006,
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, other than a person licensed as a
franchised dealer under Chapter 2301, Occupations Code, or the
holder of a garageman's lien under Section 70.003(c), including a
vehicle storage facility licensed under Chapter 2303, 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 garage or
licensed vehicle 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 15th business [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.
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