By: Goldman H.B. No. 2598
A BILL TO BE ENTITLED
AN ACT
relating to the release of personal property and commercial cargo
by a vehicle storage facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2303.002 is amended by adding a new
subsection (3) to read as follows:
Sec. 2303.002. DEFINITIONS. In this chapter:
(1) "Abandoned nuisance vehicle" means a motor vehicle that
is:
(A) at least 10 years old; and
(B) of a condition only to be demolished, wrecked, or
dismantled.
(2) "Commission" means the Texas Commission of Licensing
and Regulation.
(3) "Commercial cargo" means any property in or on a
self-propelled or towed vehicle that has been transported in
interstate or intrastate commerce.
(4) "Department" means the Texas Department of Licensing
and Regulation.
(5) [(4)] "Executive director" means the executive director
of the department.
(6) [(5)] "Owner of a vehicle" means a person:
(A) named as the purchaser or transferee in the
certificate of title issued for the vehicle under Chapter 501,
Transportation Code;
(B) in whose name the vehicle is registered under
Chapter 502, Transportation Code, or a member of the person's
immediate family;
(C) who holds the vehicle through a lease agreement;
(D) who is an unrecorded lienholder entitled to
possess the vehicle under the terms of a chattel mortgage; or
(E) who is a lienholder, holds an affidavit of
repossession, and is entitled to repossess the vehicle.
(7) [(6)] "Principal" means an individual who:
(A) personally or constructively holds, including as
the beneficiary of a trust:
(i) at least 10 percent of a corporation's
outstanding stock; or
(ii) more than $25,000 of the fair market value
of a business entity;
(B) has the controlling interest in a business entity;
(C) has a direct or indirect participating interest
through shares, stock, or otherwise, regardless of whether voting
rights are included, of more than 10 percent of the profits,
proceeds, or capital gains of a business entity;
(D) is a member of the board of directors or other
governing body of a business entity; or
(E) serves as an elected officer of a business entity.
(8) [(7)] "Vehicle" means:
(A) a motor vehicle for which the issuance of a
certificate of title is required under Chapter 501, Transportation
Code; or
(B) any other device designed to be self-propelled or
transported on a public highway.
(9) [(8)] "Vehicle storage facility" means a garage,
parking lot, or other facility that is:
(A) owned by a person other than a governmental
entity; and
(B) used to store or park at least 10 vehicles each
year.
SECTION 2. Chapter 2303 Subchapter F is amended by adding a
new 2303.162 to read as follows:
Sec. 2303.162. RELEASE OF PERSONAL PROPERTY AND COMMERCIAL
CARGO. (a) A vehicle storage facility shall allow any person who
demonstrates ownership or has right of possession of a vehicle
stored at the facility, or any authorized representative of the
person, to remove at no cost any detached personal property from the
vehicle.
(b) A vehicle storage facility shall allow any person who
demonstrates ownership or has right of possession of a vehicle or
commercial cargo stored at the facility, or any authorized
representative of the person, to remove at no cost any commercial
cargo identified or described in a bill of lading, shipping
manifest, shipping invoice, or similar document.
SECTION 3. This Act takes effect September 1, 2017.