Texas 2019 - 86th Regular

Texas House Bill HB3530 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R23439 BEE-F
2	2		By: Moody H.B. No. 3530
	3	+	Substitute the following for H.B. No. 3530:
	4	+	By: Beckley C.S.H.B. No. 3530
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the towing of certain property from a self-service
8	10		storage facility for disposition by a vehicle storage facility.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Section 59.001, Property Code, is amended by
11	13		adding Subdivision (4-a) to read as follows:
12	14		(4-a) "Vehicle storage facility" has the meaning
13	15		assigned by Section 2303.002, Occupations Code.
14	16		SECTION 2. Section 59.043(a), Property Code, is amended to
15	17		read as follows:
16	18		(a) The lessor's notice to the tenant of the claim must
17	19		contain:
18	20		(1) an itemized account of the claim;
19	21		(2) the name, address, and telephone number of the
20	22		lessor or the lessor's agent;
21	23		(3) a statement that the contents of the self-service
22	24		storage facility have been seized under the contractual landlord's
23	25		lien;
24	26		(4) a statement that if the tenant fails to satisfy the
25	27		claim on or before the 14th day after the date the notice is
26	28		delivered, the property may be, as applicable:
27	29		(A) sold at public auction under this subchapter;
28	30		or
29	31		(B) towed to a vehicle storage facility and
30	32		disposed of by the vehicle storage facility under Subchapter D,
31	33		Chapter 2303, Occupations Code; and
32	34		(5) a statement underlined or printed in conspicuous
33	35		bold print requesting a tenant who is in military service to notify
34	36		the lessor of the status of the tenant's current military service
35	37		immediately.
36	38		SECTION 3. Chapter 59, Property Code, is amended by adding
37	39		Subchapter D to read as follows:
38	40		SUBCHAPTER D. TOWING OF CERTAIN PROPERTY TO VEHICLE STORAGE
39	41		FACILITY
40	42		Sec. 59.051. APPLICABILITY. This subchapter applies only
41	43		to property that is:
42	44		(1) a motor vehicle, trailer, or semitrailer for which
43	45		a title or registration is required under Chapter 501 or 502,
44	46		Transportation Code;
45	47		(2) a motorboat, vessel, or outboard motor for which a
46	48		certificate of title is required under Subchapter B, Chapter 31,
47	49		Parks and Wildlife Code; or
48	50		(3) a motor vehicle, trailer, semitrailer, motorboat,
49	51		vessel, or outboard motor registered or titled outside this state.
50	52		Sec. 59.052. TRANSFER OF CERTAIN PROPERTY TO VEHICLE
51	53		STORAGE FACILITY. Notwithstanding Subchapter C, a lessor who takes
52	54		possession of property to which this subchapter applies to enforce
53	55		a lien under this chapter may transfer possession of the property
54	56		and have the property towed to a vehicle storage facility for
55	57		disposition by the vehicle storage facility under Subchapter D,
56	58		Chapter 2303, Occupations Code, if:
57	59		(1) the transfer of possession and towing is
58	60		authorized under a written rental agreement between the lessor and
59	61		tenant;
60	62		(2) the lessor gives written notice of the lessor's
61	63		claim to the tenant as required under Section 59.042(a) in the
62	64		manner prescribed by Section 59.043;
63	65		(3) the tenant fails to satisfy the claim on or before
64	66		the 14th day after the date the notice required under Section
65	67		59.042(a) is delivered in the manner prescribed by Section 59.043;
66	68		and
67	69		(4) the vehicle storage facility agrees in writing to
68	70		accept possession of the property.
69	71		Sec. 59.053. LIEN EXTINGUISHED. A lessor's lien on
70	72		property towed to a vehicle storage facility under Section 59.052
71	73		is extinguished when the property is towed from the self-service
72	74		storage facility.
73	75		Sec. 59.054. OTHER RIGHTS AND REMEDIES NOT AFFECTED.
74	76		Except as provided by Section 59.053, this subchapter does not
75	77		affect any right or remedy of the lessor at law or in equity.
76	78		Sec. 59.055. LESSOR'S LIABILITY FOR PROPERTY. A lessor is
77	79		not liable to a tenant for any damage to property that the lessor
78	80		has towed under Section 59.052 that occurs during the tow or after
79	81		the property is towed from the self-service storage facility.
80	82		SECTION 4. Chapter 2303, Occupations Code, is amended by
81	83		adding Subchapter E to read as follows:
82	84		SUBCHAPTER E. ACCEPTANCE AND DISPOSITION OF CERTAIN PROPERTY FROM
83	85		SELF-SERVICE STORAGE FACILITY
84	86		Sec. 2303.201. DEFINITIONS. In this subchapter, "lessor"
85	87		and "self-service storage facility" have the meanings assigned by
86	88		Section 59.001, Property Code.
87	89		Sec. 2303.202. APPLICABILITY. This subchapter applies only
88	90		to property described by Section 59.051, Property Code.
89	91		Sec. 2303.203. ACCEPTANCE OF PROPERTY. A vehicle storage
90	92		facility shall accept property from a lessor who has transferred
91	93		possession of the property from a self-service storage facility to
92	94		the vehicle storage facility under Section 59.052, Property Code.
93	95		Sec. 2303.204. DISPOSITION OF PROPERTY. A vehicle storage
94	96		facility that accepts property under Section 2303.203 may dispose
95	97		of the property in the manner provided by Subchapter D for a vehicle
96	98		received by a facility as described by Section 2303.151.
97	99		SECTION 5. This Act takes effect September 1, 2019.