82R2417 JAM-D
By: Gallegos S.B. No. 1852
A BILL TO BE ENTITLED
AN ACT
relating to the recovery and storage of vessels following natural
disasters; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 14, Occupations Code, is
amended by adding Chapter 2353 to read as follows:
CHAPTER 2353. VESSEL RECOVERY AND STORAGE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2353.001. DEFINITION. In this chapter "vessel" has
the meaning assigned by Section 31.003, Parks and Wildlife Code.
Sec. 2353.002. APPLICABILITY. This chapter applies only to
a vessel that is towed, recovered, stored, or otherwise taken into
possession:
(1) in a county in which the governor has declared a
state of disaster under Section 418.014, Government Code, in the
three months preceding the date the vessel is taken into
possession; and
(2) without the consent of the vessel's owner.
[Sections 2353.003-2353.050 reserved for expansion]
SUBCHAPTER B. REGULATION OF VESSEL STORAGE
Sec. 2353.051. DUTY TO REPORT AFTER ACCEPTING VESSEL.
(a) A person taking possession of a vessel under this chapter
shall, within two hours after taking possession of the vessel,
report to the local law enforcement agency with jurisdiction over
the area from which the vessel was taken:
(1) a general description of the vessel;
(2) the state and number of the vessel's registration,
if any; and
(3) the location where the vessel is being stored.
(b) The report required by this section must be made
electronically or by telephone or delivered personally or by
facsimile.
Sec. 2353.052. REQUIREMENTS FOR WRITTEN NOTICE. (a) A
person who takes possession of a vessel that is registered in this
state shall send a written notice as required by this section to the
registered owner and the primary lienholder of the vessel not later
than the fifth day after the date, but not earlier than 24 hours
after the date, the person takes possession of the vessel.
(b) Except as provided by Section 2353.053, a person who
takes possession of a vessel that is registered outside this state
shall send a written notice to the registered owner and each
recorded lienholder of the vessel as required by this section not
later than the 14th day after the date, but not earlier than 24
hours after the date, the person receives the vessel.
(c) It is a defense to an action for a violation of this
section that the person taking possession of the vessel
unsuccessfully attempted in writing or electronically to obtain
information from the governmental entity with which the vessel is
registered.
(d) The notice required by this section must include:
(1) the date the vessel was taken into possession;
(2) the type and amount of any charge to be paid when
the vessel is claimed;
(3) the full name, street address, and telephone
number of the location where the vessel is being stored; and
(4) the hours during which the owner may claim the
vessel.
(e) The notice required by this section must:
(1) be correctly addressed;
(2) carry sufficient postage; and
(3) be sent by certified mail, return receipt
requested, or electronic certified mail.
(f) A notice under this section is considered to have been
given on the date indicated on the postmark and to be timely filed
if:
(1) the postmark indicates that the notice was mailed
within the period described by Subsection (a) or (b), as
applicable; or
(2) the notice was published as provided by Section
2353.053.
Sec. 2353.053. REQUIREMENTS FOR NOTICE BY PUBLICATION.
(a) Notice to the registered owner and the primary lienholder of a
vessel may be provided by publication in a newspaper of general
circulation in the county in which the vessel is stored if:
(1) the vessel is registered in another state;
(2) the vessel does not display registration
information indicating the state of registration;
(3) the person possessing the vessel submits to the
governmental entity with which the vessel is registered a written
request for information relating to the identity of the registered
owner and each recorded lienholder;
(4) the identity of the registered owner cannot be
determined;
(5) the registration does not contain an address for
the registered owner; or
(6) the person possessing the vessel cannot reasonably
determine the identity and address of each lienholder.
(b) The written request described by Subsection (a)(3)
must:
(1) be correctly addressed;
(2) carry sufficient postage; and
(3) be sent by certified mail, return receipt
requested.
(c) Notice by publication is not required if each notice
sent as provided by Section 2353.052 is returned because:
(1) the notice was unclaimed or refused; or
(2) the person to whom the notice was sent moved
without leaving a forwarding address.
(d) A notice by publication provided under this section must
include:
(1) the vessel description;
(2) the total charges to be paid when the vessel is
claimed; and
(3) the full name, street address, and telephone
number of the location where the vessel is being stored.
(e) A notice by publication is not required to include any
information other than the information required by Subsection (d).
(f) A notice by publication may include notice for more than
one vessel.
Sec. 2353.054. SECOND NOTICE; CONSENT TO SALE. (a) If a
vessel is not claimed by a person permitted to claim the vessel
before the 10th day after the date notice is mailed or published
under Section 2353.052 or 2353.053, the person possessing the
vessel shall consider the vessel to be abandoned and send notice of
abandonment to a law enforcement agency under Chapter 683,
Transportation Code.
(b) If a vessel is not claimed by a person permitted to claim
the vessel or is not taken into custody by a law enforcement agency
under Chapter 683, Transportation Code, before the 41st day after
the date notice is mailed or published under Section 2353.052 or
2353.053, the person in possession of the vessel shall send a second
notice to the registered owner and the primary lienholder of the
vessel.
(c) A second notice described by this section must include:
(1) the information required by Section 2353.052(d);
(2) a statement of the right of the person to dispose
of the vessel under Section 2353.055; and
(3) a statement that the failure of the owner or
lienholder to claim the vessel before the 30th day after the date
the second notice is provided is:
(A) a waiver by that person of all right, title,
or interest in the vessel; and
(B) a consent to the sale of the vessel at a
public sale.
(d) Notwithstanding Subsection (c), if publication is
required for a second notice under this section, the notice must
include:
(1) the information required by Section 2353.053(d);
and
(2) a statement that the failure of the owner or
lienholder to claim the vessel before the 30th day after the date
the second notice is published is:
(A) a waiver of all right, title, and interest in
the vessel; and
(B) a consent to the sale of the vessel at a
public sale.
Sec. 2353.055. DISPOSAL OF CERTAIN ABANDONED VESSELS.
(a) A person may dispose of a vessel for which a second notice is
given under Section 2353.054 if, before the 30th day after the date
notice is mailed, the vessel is not:
(1) claimed by a person permitted to claim the vessel;
or
(2) taken into custody by a law enforcement agency
under Chapter 683, Transportation Code.
(b) A person entitled to dispose of a vessel under this
section may sell the vessel at a public sale without obtaining a
release or discharge of any lien on the vessel, regardless of
whether notice was provided by mail or by publication under this
chapter.
(c) The proceeds from the sale of the vessel shall be
applied to the charges incurred for the vessel under Section
2353.058. The person shall pay any excess proceeds to the person
entitled to those proceeds.
Sec. 2353.056. RELEASE OF VESSEL. (a) A person possessing
a vessel may not refuse to release a vessel to the owner of the
vessel or require a sworn affidavit of the owner of the vessel
solely because the owner presents a valid photographic
identification issued by this state, another state, or a federal
agency that includes a different address than the address contained
in the title and registration records of the vessel.
(b) A person possessing a vessel must accept evidence of
insurance of the vessel as an additional form of identification
that establishes the ownership or right of possession or control of
the vessel.
(c) Subsection (b) does not require a person to release a
vessel to the owner of the vessel if the owner does not:
(1) pay a charge authorized under this chapter; and
(2) present valid photographic identification issued
by this state, another state, or a federal agency.
Sec. 2353.057. ACCESS TO INTERIOR STORAGE AREA TO ESTABLISH
IDENTITY OR OWNERSHIP. A person must allow a person claiming to be
the owner of a vessel to have access to the vessel's interior
storage area if documents necessary to establish the person's
identity or ownership of the vessel are located in the interior
storage area.
Sec. 2353.058. CHARGES RELATED TO STORAGE. (a) Except as
provided by this section, a person may not charge the owner of a
vessel any fee for the towing, removal, storage, or release of a
vessel that was obtained without the consent of the owner or insurer
of the vessel.
(b) A person may charge the owner of a vessel:
(1) a notification fee for providing notice under this
subchapter, including notice under Section 2353.054(d); and
(2) any fee that is required to be submitted to a law
enforcement agency, the agency's authorized agent, or a
governmental entity.
(c) A notification fee under Subsection (b) may not exceed
$50, except that if notice by publication is required by this
chapter and the cost of publication exceeds 50 percent of the
notification fee, the person may recover the additional amount of
the cost of publication from the vessel owner.
(d) This section controls over any conflicting municipal
ordinance or charter provision.
[Sections 2353.059-2353.100 reserved for expansion]
SUBCHAPTER C. PENALTIES AND ENFORCEMENT PROVISIONS
Sec. 2353.101. INJUNCTION; CIVIL PENALTY. (a) If a
person has violated, is violating, or is threatening to violate
this chapter, the attorney general may institute an action for:
(1) injunctive relief;
(2) a civil penalty not to exceed $1,000 for each
violation; or
(3) both injunctive relief and the civil penalty.
(b) If the attorney general prevails in an action under this
section, the attorney general is entitled to recover reasonable
attorney's fees and court costs.
Sec. 2353.102. CRIMINAL PENALTIES. (a) A person commits
an offense if the person violates Section 2353.058(a).
(b) An offense under this section is a Class C misdemeanor.
Sec. 2353.103. AUTHORITY TO ARREST. A peace officer may
make an arrest for a violation of this chapter.
SECTION 2. This Act takes effect September 1, 2011.