By: Williams S.B. No. 266
(Harless)
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. Not later than the 30th day after the
date on which the charges accrue, a [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, 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 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, except that the county tax
assessor-collector is not required to use certified mail. Notice
under this section is required regardless of the date on which the
charges on which the possessory lien is based accrued.
SECTION 2. (a) Subsection (a), Section 70.006, Property
Code, as amended by this Act, applies only to charges that accrue on
or after the effective date of this Act. Charges that accrue before
the effective date of this Act are governed by the law applicable to
the charges immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
(b) Subsection (h), Section 70.006, Property Code, as
amended 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.