Texas 2017 - 85th Regular

Texas House Bill HB2598 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Goldman H.B. No. 2598
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the release of personal property and commercial cargo
7	7	by a vehicle storage facility.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 2303.002 is amended by adding a new
10	10	subsection (3) to read as follows:
11	11	Sec. 2303.002. DEFINITIONS. In this chapter:
12	12	(1) "Abandoned nuisance vehicle" means a motor vehicle that
13	13	is:
14	14	(A) at least 10 years old; and
15	15	(B) of a condition only to be demolished, wrecked, or
16	16	dismantled.
17	17	(2) "Commission" means the Texas Commission of Licensing
18	18	and Regulation.
19	19	(3) "Commercial cargo" means any property in or on a
20	20	self-propelled or towed vehicle that has been transported in
21	21	interstate or intrastate commerce.
22	22	(4) "Department" means the Texas Department of Licensing
23	23	and Regulation.
24	24	(5) [(4)] "Executive director" means the executive director
25	25	of the department.
26	26	(6) [(5)] "Owner of a vehicle" means a person:
27	27	(A) named as the purchaser or transferee in the
28	28	certificate of title issued for the vehicle under Chapter 501,
29	29	Transportation Code;
30	30	(B) in whose name the vehicle is registered under
31	31	Chapter 502, Transportation Code, or a member of the person's
32	32	immediate family;
33	33	(C) who holds the vehicle through a lease agreement;
34	34	(D) who is an unrecorded lienholder entitled to
35	35	possess the vehicle under the terms of a chattel mortgage; or
36	36	(E) who is a lienholder, holds an affidavit of
37	37	repossession, and is entitled to repossess the vehicle.
38	38	(7) [(6)] "Principal" means an individual who:
39	39	(A) personally or constructively holds, including as
40	40	the beneficiary of a trust:
41	41	(i) at least 10 percent of a corporation's
42	42	outstanding stock; or
43	43	(ii) more than $25,000 of the fair market value
44	44	of a business entity;
45	45	(B) has the controlling interest in a business entity;
46	46	(C) has a direct or indirect participating interest
47	47	through shares, stock, or otherwise, regardless of whether voting
48	48	rights are included, of more than 10 percent of the profits,
49	49	proceeds, or capital gains of a business entity;
50	50	(D) is a member of the board of directors or other
51	51	governing body of a business entity; or
52	52	(E) serves as an elected officer of a business entity.
53	53	(8) [(7)] "Vehicle" means:
54	54	(A) a motor vehicle for which the issuance of a
55	55	certificate of title is required under Chapter 501, Transportation
56	56	Code; or
57	57	(B) any other device designed to be self-propelled or
58	58	transported on a public highway.
59	59	(9) [(8)] "Vehicle storage facility" means a garage,
60	60	parking lot, or other facility that is:
61	61	(A) owned by a person other than a governmental
62	62	entity; and
63	63	(B) used to store or park at least 10 vehicles each
64	64	year.
65	65	SECTION 2. Chapter 2303 Subchapter F is amended by adding a
66	66	new 2303.162 to read as follows:
67	67	Sec. 2303.162. RELEASE OF PERSONAL PROPERTY AND COMMERCIAL
68	68	CARGO. (a) A vehicle storage facility shall allow any person who
69	69	demonstrates ownership or has right of possession of a vehicle
70	70	stored at the facility, or any authorized representative of the
71	71	person, to remove at no cost any detached personal property from the
72	72	vehicle.
73	73	(b) A vehicle storage facility shall allow any person who
74	74	demonstrates ownership or has right of possession of a vehicle or
75	75	commercial cargo stored at the facility, or any authorized
76	76	representative of the person, to remove at no cost any commercial
77	77	cargo identified or described in a bill of lading, shipping
78	78	manifest, shipping invoice, or similar document.
79	79	SECTION 3. This Act takes effect September 1, 2017.