84R9936 PMO-F
By: Oliveira H.B. No. 2076
A BILL TO BE ENTITLED
AN ACT
relating to the sale of a motor vehicle, motorboat, vessel, or
outboard motor by a possessory lienholder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 70.006(e), (f), and (h), Property Code,
are amended to read as follows:
(e) After notice is given under this section to the owner of
or the holder of a lien on the motor vehicle, motorboat, vessel, or
outboard motor, the owner or holder of the lien may obtain
possession of the motor vehicle, motorboat, vessel, or outboard
motor by paying all charges due to the holder of a lien under this
subchapter before the 31st day after the date a copy of the notice
is filed with the county tax assessor-collector's office [the
notice is mailed or published as provided by this section].
(f) If the charges are not paid before the 31st day after the
date that a copy of the notice is filed with the county tax
assessor-collector's office [day that the notice is mailed or
published, as applicable], the lienholder may sell the motor
vehicle, motorboat, vessel, or outboard motor at a public sale and
apply the proceeds to the charges. The lienholder shall pay excess
proceeds to the person entitled to them. The public sale may not
take place before the 31st day after the date a copy of the notice
required by Subsection (a) is filed with the county tax
assessor-collector's office.
(h) Not later than the 15th business 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 that indicates the date the notice was filed with the county
tax assessor-collector 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. Section 70.006, Property Code, as amended by
this Act, applies only to the sale of a motor vehicle, motorboat,
vessel, or outboard motor on or after the effective date of this
Act. The sale of a motor vehicle, motorboat, vessel, or outboard
motor before the effective date of this Act is governed by the law
as it existed immediately before the effective date of this Act, and
that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.