Texas 2015 - 84th Regular

Texas House Bill HB3901 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Miller of Fort Bend H.B. No. 3901
2		-	(Senate Sponsor - Taylor of Collin)
3		-	(In the Senate - Received from the House May 11, 2015;
4		-	May 19, 2015, read first time and referred to Committee on Business
5		-	and Commerce; May 26, 2015, reported favorably by the following
6		-	vote: Yeas 6, Nays 0; May 26, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 3901
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the repossession of an aircraft.
13	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	7		SECTION 1. Title 4, Property Code, is amended by adding
15	8		Chapter 30 to read as follows:
16	9		CHAPTER 30. WRIT OF ASSISTANCE FOR REPOSSESSION OF AIRCRAFT
17	10		Sec. 30.01. DEFINITIONS. In this chapter:
18	11		(1) "Aircraft" means a self-propelled motor vehicle
19	12		that can be used to transport a person by flight in the air.
20	13		(2) "Repossession" means the recovery of an aircraft
21	14		that has been sold under a security agreement containing a
22	15		repossession clause authorizing the lender to recover the aircraft
23	16		if the borrower defaults under the agreement.
24	17		(3) "Repossession agent" means an individual who is
25	18		authorized to engage in a repossession for a lender.
26	19		Sec. 30.02. WRIT OF ASSISTANCE FOR REPOSSESSION OF
27	20		AIRCRAFT. (a) A writ of assistance for the repossession of an
28	21		aircraft authorizes a peace officer to assist and protect a
29	22		repossession agent in gaining possession of the aircraft while the
30	23		agent:
31	24		(1) secures the aircraft on site; or
32	25		(2) prepares the aircraft, which may include a
33	26		mechanical inspection, for removal from the site by flight or
34	27		otherwise to another location.
35	28		(b) A writ of assistance for the repossession of an aircraft
36	29		is valid for 30 days.
37	30		(c) A justice court may grant unlimited extensions of a writ
38	31		of assistance issued under this chapter.
39	32		Sec. 30.03. PETITION FOR WRIT OF ASSISTANCE. (a) A
40	33		repossession agent may file a petition in a justice court for a writ
41	34		of assistance for the repossession of an aircraft.
42	35		(b) The repossession agent is entitled to the writ if the
43	36		repossession agent establishes that:
44	37		(1) the aircraft is subject to the proposed
45	38		repossession; and
46	39		(2) the repossession agent is authorized to engage in
47	40		the repossession.
48	41		(c) The petition for the writ must include a copy of:
49	42		(1) the security agreement relating to the aircraft;
50	43		(2) the notice of default under the security agreement
51	44		sent by the lender to the borrower;
52	45		(3) the instrument in which a power of attorney for the
53	46		repossession is granted to the repossession agent by the lender;
54	47		and
55	48		(4) the results of a title search of the Federal
56	49		Aviation Administration's records for the aircraft.
57	50		SECTION 2. This Act takes effect September 1, 2015.
58		-	* * * * *
	51	+	______________________________ ______________________________
	52	+	President of the Senate Speaker of the House
	53	+	I certify that H.B. No. 3901 was passed by the House on May 8,
	54	+	2015, by the following vote: Yeas 142, Nays 0, 2 present, not
	55	+	voting.
	56	+	______________________________
	57	+	Chief Clerk of the House
	58	+	I certify that H.B. No. 3901 was passed by the Senate on May
	59	+	27, 2015, by the following vote: Yeas 31, Nays 0.
	60	+	______________________________
	61	+	Secretary of the Senate
	62	+	APPROVED: _____________________
	63	+	Date
	64	+	_____________________
	65	+	Governor