86R11971 PMO-F
By: Metcalf H.B. No. 2975
A BILL TO BE ENTITLED
AN ACT
relating to the sale of a motor vehicle, motorboat, vessel, or
outboard motor by a lienholder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 70.006(a), (e), and (f), Property Code,
are amended to read as follows:
(a) A holder of a lien under this subchapter on a motor
vehicle subject to Chapter 501, Transportation Code, or on a
motorboat, vessel, or outboard motor for which a certificate of
title is required under Subchapter B, Chapter 31, Parks and
Wildlife Code, as amended, who retains possession of the motor
vehicle, motorboat, vessel, or outboard motor shall, not later than
the 30th day after the date on which the charges accrue, give
written notice to the owner and each holder of a lien recorded on
the certificate of title. Not later than the 30th day after the
date on which the charges accrue, a holder of a possessory lien on a
motor vehicle under Section 70.001, other than a person licensed as
a franchised dealer under Chapter 2301, Occupations Code, shall
file a copy of the notice and all information required by this
section with the county tax assessor-collector's office in the
county in which the repairs were made with an administrative fee of
$25 payable to the county tax assessor-collector. If the motor
vehicle, motorboat, vessel, or outboard motor is registered outside
this state, the holder of a lien under this subchapter who retains
possession during that period shall give notice to the last known
registered owner and each lienholder of record.
(e) After notice is given under this section to the owner of
or the holder of a lien on the motor vehicle, motorboat, vessel, or
outboard motor, the owner or holder of the lien may obtain
possession of the motor vehicle, motorboat, vessel, or outboard
motor by paying all charges due to the holder of a lien under this
subchapter before the 31st day after the date:
(1) a copy of the notice relating to the motor vehicle
is filed with the county tax assessor-collector's office; or
(2) a copy of the notice relating to the motorboat,
vessel, or outboard motor is mailed or published, as applicable.
(f) If the charges are not paid within the applicable period
prescribed by Subsection (e) [before the 31st day after the date
that a copy of the notice required by Subsection (a) is filed with
the county tax assessor-collector's office], the lienholder may
sell the motor vehicle, motorboat, vessel, or outboard motor at a
public sale and apply the proceeds to the charges. The lienholder
shall pay excess proceeds to the person entitled to them. The
public sale may not take place before the 31st day after the date:
(1) a copy of the notice relating to the motor vehicle
is filed with the county tax assessor-collector's office; or
(2) a copy of the notice relating to the motorboat,
vessel, or outboard motor is mailed or published, as applicable.
SECTION 2. This Act takes effect September 1, 2019.