Texas 2015 - 84th Regular

Texas House Bill HB3131 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23747 NC-D
2	2	By: Thompson of Harris H.B. No. 3131
3	3	Substitute the following for H.B. No. 3131:
4	4	By: Smith C.S.H.B. No. 3131
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to abandoned vehicles held by vehicle storage facilities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 2303, Occupations Code, is
12	12	amended by adding Section 2303.004 to read as follows:
13	13	Sec. 2303.004. CONFLICT WITH OTHER LAW. To the extent of
14	14	any conflict between this chapter and Chapter 683, Transportation
15	15	Code, this chapter controls.
16	16	SECTION 2. Sections 2303.154(a), (a-1), and (b),
17	17	Occupations Code, are amended to read as follows:
18	18	(a) [If a vehicle is not claimed by a person permitted to
19	19	claim the vehicle or a law enforcement agency has not taken an
20	20	action in response to a notice under Section 683.031(c),
21	21	Transportation Code, before the 15th day after the date notice is
22	22	mailed or published under Section 2303.151 or 2303.152, the
23	23	operator of the vehicle storage facility shall send a second notice
24	24	to the registered owner and the primary lienholder of the vehicle.
25	25	[(a-1)] If a vehicle is not claimed by a person permitted to
26	26	claim the vehicle before the 10th day after the date notice is
27	27	mailed or published under Section 2303.151 or 2303.152, the
28	28	operator of the vehicle storage facility shall consider the vehicle
29	29	to be abandoned, report the [and send notice of] abandonment by
30	30	certified mail or electronic certified mail to a law enforcement
31	31	agency with jurisdiction where the vehicle is located, and pay the
32	32	fee required by Section 683.031(c), Transportation Code. The law
33	33	enforcement agency may take custody of and dispose of the vehicle as
34	34	provided by [under] Chapter 683, Transportation Code.
35	35	(b) On or after the 15th day after the date notice is mailed
36	36	or published under Section 2303.151 or 2303.152, the operator of a
37	37	vehicle storage facility shall send a second notice to the
38	38	registered owner and the primary lienholder of the vehicle if the
39	39	facility has been notified that the law enforcement agency will not
40	40	take custody of the vehicle or the law enforcement agency has not
41	41	taken custody of the vehicle or has not responded to the report sent
42	42	under Subsection (a). Notice under this subsection [section] must
43	43	be sent by certified mail or electronic certified mail and include:
44	44	(1) the information listed in Section 2303.153(a);
45	45	(2) a statement of the right of the facility to dispose
46	46	of the vehicle under Section 2303.157; and
47	47	(3) a statement that the failure of the owner or
48	48	lienholder to claim the vehicle before the 30th day after the date
49	49	the notice is provided is:
50	50	(A) a waiver by that person of all right, title,
51	51	or interest in the vehicle; and
52	52	(B) a consent to the sale of the vehicle at a
53	53	public sale.
54	54	SECTION 3. Section 2303.157, Occupations Code, is amended
55	55	to read as follows:
56	56	Sec. 2303.157. DISPOSAL OF CERTAIN ABANDONED VEHICLES. (a)
57	57	The operator of a vehicle storage facility may dispose of a vehicle
58	58	for which the second notice is given under Section 2303.154(b) or
59	59	(c) [2303.154] if, before the 31st [30th] day after the date notice
60	60	is mailed or published, the vehicle is not:
61	61	(1) claimed by a person entitled to claim the vehicle;
62	62	or
63	63	(2) taken into custody by a law enforcement agency
64	64	under Chapter 683, Transportation Code.
65	65	(a-1) If the vehicle is not claimed by a person entitled to
66	66	claim the vehicle within the period described by Subsection (a),
67	67	the owner or primary lienholder:
68	68	(1) waives all rights and interests in the vehicle;
69	69	and
70	70	(2) consents to the sale of the vehicle at a public
71	71	sale.
72	72	(b) An operator entitled to dispose of a vehicle under this
73	73	section may sell the vehicle at a public sale without obtaining a
74	74	release or discharge of any lien on the vehicle, regardless of
75	75	whether notice was provided by mail or by publication under this
76	76	chapter. [The proceeds from the sale of the vehicle shall be
77	77	applied to the charges incurred for the vehicle under Section
78	78	2303.155. The operator shall pay any excess proceeds to the person
79	79	entitled to those proceeds.]
80	80	(b-1) The purchaser of an abandoned vehicle:
81	81	(1) takes title free and clear of all liens and claims
82	82	of ownership;
83	83	(2) shall receive a sales receipt from the vehicle
84	84	storage facility; and
85	85	(3) is entitled to register the vehicle and receive a
86	86	certificate of title from the appropriate authority.
87	87	(b-2) A vehicle storage facility is entitled to
88	88	reimbursement from the proceeds of the public sale of an abandoned
89	89	vehicle for:
90	90	(1) the cost of the public sale; and
91	91	(2) charges incurred for the towing of the vehicle and
92	92	for storage of the vehicle as provided by Section 2303.155.
93	93	(b-3) After deducting the reimbursement allowed under this
94	94	section, the operator of the vehicle storage facility shall hold
95	95	the proceeds of the sale until the 90th day after the date of the
96	96	sale for the owner or lienholder of the vehicle.
97	97	(c) Notwithstanding Subsection (a), the operator of a
98	98	vehicle storage facility may dispose of a vehicle for which notice
99	99	was given under this subchapter as provided by this section if:
100	100	(1) the vehicle is an abandoned nuisance vehicle; and
101	101	(2) before the 30th day after the date the notice was
102	102	sent, the operator [facility] submits an application to the Texas
103	103	Department of Motor Vehicles [department] for disposal of the
104	104	vehicle.
105	105	(d) This subsection applies only to a vehicle received by a
106	106	vehicle storage facility before September 1, 2015. Notwithstanding
107	107	any other law, if an unclaimed abandoned vehicle is not claimed by a
108	108	person who is entitled to claim the vehicle on or before the 120th
109	109	day after the date the facility mailed or published the second
110	110	notice to the registered owner and primary lienholder of the
111	111	vehicle as required by Section 2303.154(a) before September 1,
112	112	2015, the facility may submit an application to the Texas
113	113	Department of Motor Vehicles to dispose of the vehicle. The
114	114	facility may dispose of the vehicle if the Texas Department of Motor
115	115	Vehicles approves the application. This subsection expires
116	116	September 1, 2016.
117	117	SECTION 4. Section 683.001(2), Transportation Code, is
118	118	amended to read as follows:
119	119	(2) "Garagekeeper" means an owner or operator of a
120	120	storage facility or a vehicle storage facility.
121	121	SECTION 5. Section 683.003, Transportation Code, is amended
122	122	by adding Subsection (c) to read as follows:
123	123	(c) To the extent of any conflict between this chapter and
124	124	Subchapter D, Chapter 2303, Occupations Code, that subchapter
125	125	controls for a vehicle stored in a vehicle storage facility.
126	126	SECTION 6. (a) Except as provided by Subsection (b) of this
127	127	section, the changes in law made by this Act apply only to a vehicle
128	128	received in storage on or after the effective date of this Act. A
129	129	vehicle received in storage, other than a vehicle to which Section
130	130	2303.157(d), Occupations Code, as added by this Act, applies,
131	131	before the effective date of this Act is governed by the law in
132	132	effect on the date the vehicle was received in storage, and the
133	133	former law is continued in effect for that purpose.
134	134	(b) Section 2303.157(d), Occupations Code, as added by this
135	135	Act, applies only to a vehicle received by a vehicle storage
136	136	facility before September 1, 2015.
137	137	SECTION 7. This Act takes effect September 1, 2015.