Texas 2017 - 85th Regular

Texas House Bill HB3622 Compare Versions

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

Old	New	Differences
1	1	85R12454 JAM-F
2	2	By: Goldman H.B. No. 3622
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to abandoned vehicles held by vehicle storage facilities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 2303, Occupations Code, is
10	10	amended by adding Section 2303.004 to read as follows:
11	11	Sec. 2303.004. CONFLICT WITH OTHER LAW. To the extent of
12	12	any conflict between this chapter and Chapter 683, Transportation
13	13	Code, this chapter controls.
14	14	SECTION 2. Section 2303.151, Occupations Code, is amended
15	15	by amending Subsections (a) and (e) and adding Subsection (f) to
16	16	read as follows:
17	17	(a) The operator of a vehicle storage facility who receives
18	18	a vehicle that is registered in this state and that is towed to the
19	19	facility for storage shall send a written notice to the registered
20	20	owner and each recorded [the primary] lienholder of the vehicle not
21	21	later than the fifth day after the date but not earlier than 24
22	22	hours after the time [date] the operator receives the vehicle.
23	23	(e) A notice under this section is considered to have been
24	24	[given on the date indicated on the postmark and to be] timely filed
25	25	if:
26	26	(1) the postmark or electronic proof of mailing from
27	27	the United States Postal Service Internet website indicates that
28	28	the notice was mailed within the period described by Subsection (a)
29	29	or (b), as applicable; or
30	30	(2) the notice was published as provided by Section
31	31	2303.152.
32	32	(f) A state agency or a county assessor-collector may not
33	33	require proof of delivery of the notice under this section as a
34	34	condition for the issuance of a title.
35	35	SECTION 3. Section 2303.152, Occupations Code, is amended
36	36	to read as follows:
37	37	Sec. 2303.152. NOTICE BY PUBLICATION. (a) Notice to the
38	38	registered owner and each recorded [the primary] lienholder of a
39	39	vehicle towed to a vehicle storage facility may be provided by
40	40	publication in a print or electronic version of a newspaper of
41	41	general circulation in the county in which the vehicle is stored if:
42	42	(1) the vehicle is registered in another state;
43	43	(2) the operator of the vehicle storage facility
44	44	submits to the governmental entity with which the vehicle is
45	45	registered a written or electronic request for information relating
46	46	to the identity of the registered owner and any recorded lienholder
47	47	[of record]; or
48	48	(3) [the identity of the registered owner cannot be
49	49	determined;
50	50	[(4)] the registration does not contain an address for
51	51	the registered owner[; or
52	52	[(5) the operator of the storage facility cannot
53	53	reasonably determine the identity and address of each lienholder].
54	54	(b) If a [The] written request is submitted, the request
55	55	must:
56	56	(1) be correctly addressed;
57	57	(2) carry sufficient postage; and
58	58	(3) be sent by certified mail, return receipt
59	59	requested, or by electronic certified mail.
60	60	(c) Notice by publication is not required if each notice
61	61	sent as provided by Section 2303.151 is returned because:
62	62	(1) the notice was unclaimed or refused; or
63	63	(2) the person to whom the notice was sent moved
64	64	without establishing [leaving] a forwarding address with the United
65	65	States Postal Service.
66	66	(d) Only one notice is required to be published for a [an
67	67	abandoned nuisance] vehicle.
68	68	(d-1) Notice by publication may include a list of more than
69	69	one motor vehicle, watercraft, or outboard motor.
70	70	(e) Notice to the registered owner and each recorded [the
71	71	primary] lienholder of a vehicle towed to a vehicle storage
72	72	facility may be provided by publication in a print or electronic
73	73	version of a newspaper of general circulation in the county in which
74	74	the vehicle is stored if:
75	75	(1) the vehicle does not display a license plate,
76	76	registration insignia, or other [a vehicle inspection] certificate
77	77	indicating the state of registration;
78	78	(2) the identity of the registered owner cannot
79	79	reasonably be determined by the operator of the storage facility;
80	80	or
81	81	(3) the operator of the storage facility cannot
82	82	reasonably determine the identity and address of each recorded
83	83	lienholder.
84	84	SECTION 4. Section 2303.153(a), Occupations Code, is
85	85	amended to read as follows:
86	86	(a) A notice by mail provided under Section 2303.151 must
87	87	include:
88	88	(1) the date the vehicle was accepted for storage;
89	89	(2) the first day for which a storage fee is assessed;
90	90	(3) the daily storage rate;
91	91	(4) the type and amount of any other charge to be paid
92	92	when the vehicle is claimed;
93	93	(5) the full name, street address, and telephone
94	94	number of the vehicle storage facility;
95	95	(6) the hours during which the owner may claim the
96	96	vehicle; [and]
97	97	(7) the facility license number preceded by "Texas
98	98	Department of Licensing and Regulation Vehicle Storage Facility
99	99	License Number" or "TDLR VSF Lic. No."; and
100	100	(8) a description of the vehicle.
101	101	SECTION 5. Section 2303.154, Occupations Code, is amended
102	102	by amending Subsections (a), (a-1), and (b) and adding Subsection
103	103	(d) to read as follows:
104	104	(a) [If a vehicle is not claimed by a person permitted to
105	105	claim the vehicle or a law enforcement agency has not taken an
106	106	action in response to a notice under Section 683.031(c),
107	107	Transportation Code, before the 15th day after the date notice is
108	108	mailed or published under Section 2303.151 or 2303.152, the
109	109	operator of the vehicle storage facility shall send a second notice
110	110	to the registered owner and the primary lienholder of the vehicle.
111	111	[(a-1)] If a vehicle is not claimed by a person permitted to
112	112	claim the vehicle before the 10th day after the date notice is
113	113	mailed or published under Section 2303.151 or 2303.152, the
114	114	operator of the vehicle storage facility shall consider the vehicle
115	115	to be abandoned and, if required by the law enforcement agency with
116	116	jurisdiction where the vehicle is located, report the [and send
117	117	notice of] abandonment by certified mail or electronic certified
118	118	mail to the [a] law enforcement agency. A vehicle storage facility
119	119	shall pay the fee required by Section 683.031(c), Transportation
120	120	Code, if the facility is notified by the law enforcement agency that
121	121	the law enforcement agency will send notices and take custody of and
122	122	dispose of the vehicle as provided by [under] Chapter 683,
123	123	Transportation Code.
124	124	(b) On or after the 15th day after the date notice is mailed
125	125	or published under Section 2303.151 or 2303.152, the operator of a
126	126	vehicle storage facility shall send a second notice to the
127	127	registered owner and each recorded lienholder of the vehicle if the
128	128	facility has been notified that the law enforcement agency will not
129	129	take custody of the vehicle or the law enforcement agency has not
130	130	taken custody of the vehicle or has not responded to the report sent
131	131	under Subsection (a). Notice under this subsection [section] must
132	132	be sent by certified mail or electronic certified mail and include:
133	133	(1) the information listed in Section 2303.153(a);
134	134	(2) a statement of the right of the facility to dispose
135	135	of the vehicle under Section 2303.157; and
136	136	(3) a statement that the failure of the owner or any
137	137	lienholder to claim the vehicle before the 30th day after the date
138	138	the notice is provided is:
139	139	(A) a waiver by that person of all right, title,
140	140	or interest in the vehicle; and
141	141	(B) a consent to the sale of the vehicle at a
142	142	public sale.
143	143	(d) A report sent under Subsection (a) may contain a list of
144	144	more than one motor vehicle, watercraft, or outboard motor.
145	145	SECTION 6. Section 2303.1545(b), Occupations Code, is
146	146	amended to read as follows:
147	147	(b) The facility may:
148	148	(1) notify the Texas Department of Motor Vehicles
149	149	[department] that notices under Chapter 683, Transportation Code,
150	150	have been provided and shall pay a fee of $10 to the Texas
151	151	Department of Motor Vehicles [department]; or
152	152	(2) in the alternative, notify the appropriate law
153	153	enforcement agency and pay a fee of $10 to that agency, if required
154	154	by the law enforcement agency.
155	155	SECTION 7. Section 2303.157, Occupations Code, is amended
156	156	by amending Subsection (b) and adding Subsections (a-1) and (b-1)
157	157	to read as follows:
158	158	(a-1) If the vehicle is not claimed by a person entitled to
159	159	claim the vehicle within the period described by Subsection (a),
160	160	the owner and each of the lienholders:
161	161	(1) waive all rights and interests in the vehicle; and
162	162	(2) consent to the sale of the vehicle at a public
163	163	sale.
164	164	(b) An operator entitled to dispose of a vehicle under this
165	165	section may sell the vehicle at a public sale without obtaining a
166	166	release or discharge of any lien on the vehicle, regardless of
167	167	whether notice was provided by mail or by publication under this
168	168	chapter. The proceeds from the sale of the vehicle shall be applied
169	169	to the charges incurred for the vehicle under Section 2303.155, any
170	170	towing and recovery charges, and the cost of the public sale. The
171	171	operator shall pay any excess proceeds to the person entitled to
172	172	those proceeds.
173	173	(b-1) The purchaser of an abandoned vehicle:
174	174	(1) takes title free and clear of all liens and claims
175	175	of ownership;
176	176	(2) shall receive an auction sales receipt from the
177	177	vehicle storage facility; and
178	178	(3) is entitled to register the vehicle and receive a
179	179	certificate of title from the appropriate authority.
180	180	SECTION 8. Section 2303.153(d), Occupations Code, is
181	181	repealed.
182	182	SECTION 9. The changes in law made by this Act apply only to
183	183	a vehicle received in storage on or after the effective date of this
184	184	Act. A vehicle received in storage before the effective date of
185	185	this Act is governed by the law in effect on the date the vehicle was
186	186	received in storage, and the former law is continued in effect for
187	187	that purpose.
188	188	SECTION 10. This Act takes effect immediately if it
189	189	receives a vote of two-thirds of all the members elected to each
190	190	house, as provided by Section 39, Article III, Texas Constitution.
191	191	If this Act does not receive the vote necessary for immediate
192	192	effect, this Act takes effect September 1, 2017.