BILL ANALYSIS Senate Research Center H.B. 1975 85R9204 BEE-F By: Villalba (Hancock) Business & Commerce 5/16/2017 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Interested parties contend that the methods by which a public sale of property seized from a self-service storage facility tenant to enforce a contractual landlord's lien is conducted should be updated to reflect technological advancements. H.B. 1975 authorizes such a sale to be conducted through a publicly accessible website. H.B. 1975 amends current law relating to enforcement of a lien on property in a self-service storage facility by a sale conducted through an Internet website. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 59.044, Property Code, by adding Subsection (a-1), as follows: (a-1) Provides that for the purposes of Subsection (a)(5) (relating to requiring the notice advertising the sale to contain the time, place, and terms of the sale), the place of a sale is the physical address of the location of the sale if the sale is conducted at the self-service storage facility or a reasonably near public place or the address of the Internet website if the sale is conducted through an Internet website. SECTION 2. Amends Section 59.045, Property Code, as follows: Sec. 59.045. CONDUCT OF SALE. (a) Creates this subsection from existing text. Requires a sale under this subchapter (Enforcement of Lien) to be a public sale: (1) conducted at the self-service storage facility or a reasonably near public place; or (2) conducted through an Internet website accessible to the public. (b) Creates subsection from existing text and makes no further changes to this subsection. SECTION 3. Effective date: September 1, 2017.
BILL ANALYSIS
Senate Research Center H.B. 1975
85R9204 BEE-F By: Villalba (Hancock)
Business & Commerce
5/16/2017
Engrossed
Senate Research Center
H.B. 1975
85R9204 BEE-F
By: Villalba (Hancock)
Business & Commerce
5/16/2017
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Interested parties contend that the methods by which a public sale of property seized from a self-service storage facility tenant to enforce a contractual landlord's lien is conducted should be updated to reflect technological advancements. H.B. 1975 authorizes such a sale to be conducted through a publicly accessible website.
H.B. 1975 amends current law relating to enforcement of a lien on property in a self-service storage facility by a sale conducted through an Internet website.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 59.044, Property Code, by adding Subsection (a-1), as follows:
(a-1) Provides that for the purposes of Subsection (a)(5) (relating to requiring the notice advertising the sale to contain the time, place, and terms of the sale), the place of a sale is the physical address of the location of the sale if the sale is conducted at the self-service storage facility or a reasonably near public place or the address of the Internet website if the sale is conducted through an Internet website.
SECTION 2. Amends Section 59.045, Property Code, as follows:
Sec. 59.045. CONDUCT OF SALE. (a) Creates this subsection from existing text. Requires a sale under this subchapter (Enforcement of Lien) to be a public sale:
(1) conducted at the self-service storage facility or a reasonably near public place; or
(2) conducted through an Internet website accessible to the public.
(b) Creates subsection from existing text and makes no further changes to this subsection.
SECTION 3. Effective date: September 1, 2017.