By: Thompson of Harris H.B. No. 3131
A BILL TO BE ENTITLED
AN ACT
relating to notice and sale of abandoned vehicles by vehicle
storage facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2303.154, Occupations Code, is amended
to read as follows:
(a) If a vehicle is not claimed by a person permitted to
claim the vehicle before the 10th day after the date notice is
mailed or published under Section 2303.151 or 2303.152, the
operator of the vehicle storage facility shall consider the vehicle
to be abandoned and send notice of abandonment to a law enforcement
agency under Chapter 683, Transportation Code.
[(a) If a vehicle is not claimed by a person permitted to
claim the vehicle or a law enforcement agency has not taken an
action in response to a notice under Section 683.031(c),
Transportation Code, before the 15th day after the date notice is
mailed or published under Section 2303.151 or 2303.152, the
operator of the vehicle storage facility shall send a second notice
to the registered owner and the primary lienholder of the vehicle.]
(a-1) If a law enforcement agency will not accept notice of
abandonment from the vehicle storage facility or will not accept
payment as specified in Chapter 683.034 of the Transportation Code
then the vehicle storage facility shall assume the responsibility
of notice in Chapter 683.012.
(b) Notice under Subsection (a-1) [this section] must
include:
(1) the information listed in Section 2303.153(a);
(2) a statement of the right of the facility to dispose
of the vehicle under Section 2303.157; and
(3) a statement that the failure of the owner or
lienholder to claim the vehicle before the 30th day after the date
the notice is provided is:
(A) a waiver by that person of all right, title,
or interest in the vehicle; and
(B) a consent to the sale of the vehicle at a
public sale.
SECTION 2. Section 683.001, Transportation Code, is amended
to read as follows:
Sec. 683.001. DEFINITIONS. In this chapter:
(1) "Department" means the Texas Department of Motor
Vehicles.
(2) "Garagekeeper" means an owner or operator of a
storage facility or vehicle storage facility.
(3) "Law enforcement agency" means:
(A) the Department of Public Safety;
(B) the police department of a municipality;
(C) the police department of an institution of
higher education; or
(D) a sheriff or a constable.
(4) "Motor vehicle" means a vehicle that is subject to
registration under Chapter 501.
(5) "Motor vehicle demolisher" means a person in the
business of:
(A) converting motor vehicles into processed
scrap or scrap metal; or
(B) wrecking or dismantling motor vehicles.
(6) "Outboard motor" means an outboard motor subject
to registration under Chapter 31, Parks and Wildlife Code.
(7) "Storage facility" includes a garage, parking lot,
or establishment for the servicing, repairing, or parking of motor
vehicles.
(8) "Watercraft" means a vessel subject to
registration under Chapter 31, Parks and Wildlife Code.
(9) "Abandoned nuisance vehicle" means a motor vehicle
that is at least 10 years old and is of a condition only to be
junked, crushed, or dismantled.
(10) "Vehicle storage facility" means a vehicle
storage facility, as defined by Section 2303.002,
Occupations Code,
that is operated by a person who holds a license issued under
Chapter 2303 of that code to operate that vehicle storage facility.
(11) Aircraft" has the meaning assigned by Section
24.001.
SECTION 3. Section 683.003, Transportation Code, is amended
to read as follows:
(a) Sections 683.051-683.055 may not be read as conflicting
with Sections 683.074-683.078.
(b) This chapter does not affect a law authorizing the
immediate removal of a vehicle left on public property that is an
obstruction to traffic.
(c) The chapter may not be read as conflicting with Chapter
2303, Occupations Code.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.