| 1 | 1 | | By: Williams S.B. No. 1036 |
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| 2 | 2 | | (Geren) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to notice required in connection with possessory liens on |
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| 8 | 8 | | motor vehicles. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subsections (a) and (h), Section 70.006, |
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| 11 | 11 | | Property Code, are amended to read as follows: |
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| 12 | 12 | | (a) A holder of a lien under this subchapter or Chapter 59 on |
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| 13 | 13 | | a motor vehicle subject to Chapter 501, Transportation Code, or on a |
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| 14 | 14 | | motorboat, vessel, or outboard motor for which a certificate of |
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| 15 | 15 | | title is required under Subchapter B, Chapter 31, Parks and |
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| 16 | 16 | | Wildlife Code, as amended, who retains possession of the motor |
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| 17 | 17 | | vehicle, motorboat, vessel, or outboard motor shall, not later than |
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| 18 | 18 | | the 30th day after the date on which the charges accrue, give |
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| 19 | 19 | | written notice to the owner and each holder of a lien recorded on |
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| 20 | 20 | | the certificate of title. A holder of a possessory lien on a motor |
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| 21 | 21 | | vehicle under Section 70.001, other than a person licensed as a |
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| 22 | 22 | | franchised dealer under Chapter 2301, Occupations Code, or the |
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| 23 | 23 | | holder of a garageman's lien under Section 70.003(c), including a |
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| 24 | 24 | | vehicle storage facility licensed under Chapter 2303, Occupations |
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| 25 | 25 | | Code, shall file a copy of the notice and all information required |
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| 26 | 26 | | by this section with the county tax assessor-collector's office in |
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| 27 | 27 | | the county in which the repairs were made or in which the garage or |
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| 28 | 28 | | licensed vehicle storage facility is located, as appropriate, with |
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| 29 | 29 | | an administrative fee of $25 payable to the county tax |
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| 30 | 30 | | assessor-collector. If the motor vehicle, motorboat, vessel, or |
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| 31 | 31 | | outboard motor is registered outside this state, the holder of a |
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| 32 | 32 | | lien under this subchapter who retains possession during that |
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| 33 | 33 | | period shall give notice to the last known registered owner and each |
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| 34 | 34 | | lienholder of record. |
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| 35 | 35 | | (h) Not later than the 15th business [10th] day after the |
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| 36 | 36 | | date the county tax assessor-collector receives notice under this |
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| 37 | 37 | | section, the county tax assessor-collector shall provide a copy of |
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| 38 | 38 | | the notice to the owner of the motor vehicle and each holder of a |
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| 39 | 39 | | lien recorded on the certificate of title of the motor |
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| 40 | 40 | | vehicle. Except as provided by this subsection, the county tax |
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| 41 | 41 | | assessor-collector shall provide the notice required by this |
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| 42 | 42 | | section in the same manner as a holder of a lien is required to |
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| 43 | 43 | | provide a notice under this section. Notice under this section is |
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| 44 | 44 | | required regardless of the date on which the charges on which the |
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| 45 | 45 | | possessory lien is based accrued. |
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| 46 | 46 | | SECTION 2. The change in law made by this Act applies only |
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| 47 | 47 | | to notice received by a county tax assessor-collector on or after |
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| 48 | 48 | | the effective date of this Act. Notice received by a county tax |
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| 49 | 49 | | assessor-collector before the effective date of this Act is |
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| 50 | 50 | | governed by the law in effect at the time notice was received, and |
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| 51 | 51 | | that law is continued in effect for that purpose. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2011. |
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