84R13208 PMO-F
By: Oliveira, Harless H.B. No. 2076
A BILL TO BE ENTITLED
AN ACT
relating to notice requirements and other procedures relating to
the possession or 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), (g), 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 required by Subsection (a) 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 is filed with the county tax assessor-collector's
office.
(g) After providing notice in accordance with this section,
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, on request, [not later than
the 30th day after the date on which the charges accrue, make
commercially reasonable efforts to] allow an owner and each
lienholder of record to inspect or arrange an inspection of the
motor vehicle by a qualified professional to verify that the
repairs were made. The inspection must be completed before the date
of the public sale authorized by Subsection (f).
(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. (a) Sections 70.006(e), (f), and (h), Property
Code, as amended by this Act, apply only to a notice required under
Section 70.006(a), Property Code, provided on or after the
effective date of this Act. A notice provided 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.
(b) Section 70.006(g), Property Code, as amended by this
Act, applies only to a sale of a motor vehicle, motorboat, vessel,
or outboard motor for which the notice required under Section
70.006(a), Property Code, is provided on or after the effective
date of this Act. A sale for which the notice required under Section
70.006(a), Property Code, is provided 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.