Texas 2011 - 82nd Regular

Texas Senate Bill SB266 Compare Versions

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Old	New	Differences
1	1	By: Williams S.B. No. 266
2	2	(Harless)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to notice required in connection with possessory liens on
8	8	motor vehicles.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsections (a) and (h), Section 70.006,
11	11	Property Code, are amended to read as follows:
12	12	(a) A holder of a lien under this subchapter or Chapter 59 on
13	13	a motor vehicle subject to Chapter 501, Transportation Code, or on a
14	14	motorboat, vessel, or outboard motor for which a certificate of
15	15	title is required under Subchapter B, Chapter 31, Parks and
16	16	Wildlife Code, as amended, who retains possession of the motor
17	17	vehicle, motorboat, vessel, or outboard motor shall[, not later
18	18	than the 30th day after the date on which the charges accrue,] give
19	19	written notice to the owner and each holder of a lien recorded on
20	20	the certificate of title. Not later than the 30th day after the
21	21	date on which the charges accrue, a [A] holder of a possessory lien
22	22	on a motor vehicle under Section 70.001, other than a person
23	23	licensed as a franchised dealer under Chapter 2301, Occupations
24	24	Code, shall file a copy of the notice and all information required
25	25	by this section with the county tax assessor-collector's office in
26	26	the county in which the repairs were made with an administrative fee
27	27	of $25 payable to the county tax assessor-collector. If the motor
28	28	vehicle, motorboat, vessel, or outboard motor is registered outside
29	29	this state, the holder of a lien under this subchapter who retains
30	30	possession during that period shall give notice to the last known
31	31	registered owner and each lienholder of record.
32	32	(h) Not later than the 15th business [10th] day after the
33	33	date the county tax assessor-collector receives notice under this
34	34	section, the county tax assessor-collector shall provide a copy of
35	35	the notice to the owner of the motor vehicle and each holder of a
36	36	lien recorded on the certificate of title of the motor vehicle.
37	37	Except as provided by this subsection, the county tax
38	38	assessor-collector shall provide the notice required by this
39	39	section in the same manner as a holder of a lien is required to
40	40	provide a notice under this section, except that the county tax
41	41	assessor-collector is not required to use certified mail. Notice
42	42	under this section is required regardless of the date on which the
43	43	charges on which the possessory lien is based accrued.
44	44	SECTION 2. (a) Subsection (a), Section 70.006, Property
45	45	Code, as amended by this Act, applies only to charges that accrue on
46	46	or after the effective date of this Act. Charges that accrue before
47	47	the effective date of this Act are governed by the law applicable to
48	48	the charges immediately before the effective date of this Act, and
49	49	that law is continued in effect for that purpose.
50	50	(b) Subsection (h), Section 70.006, Property Code, as
51	51	amended by this Act, applies only to notice received by a county tax
52	52	assessor-collector on or after the effective date of this Act.
53	53	Notice received by a county tax assessor-collector before the
54	54	effective date of this Act is governed by the law in effect at the
55	55	time notice was received, and that law is continued in effect for
56	56	that purpose.
57	57	SECTION 3. This Act takes effect September 1, 2011.