By: Darby H.B. No. 4262
A BILL TO BE ENTITLED
AN ACT
relating to aircraft liens
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 70.301, Property Code, is amended to
read as follows:
Sec. 70.301. LIEN.
(a) A person who stores, fuels,
repairs, or performs maintenance work on an aircraft has a lien on
the aircraft for:
(1) the amount due under a contract for the storage,
fuel, repairs, or maintenance work; or
(2) if no amount is specified by contract, the
reasonable and usual compensation for the storage, fuel, repairs,
or maintenance work.
(b) This subchapter applies to a contract for storage only
if it is:
(1) written; or
(2) oral and provides for a storage period of at least
30 days.
(c) This subchapter applies to fuelings provided both
within or outside of the State of Texas or the United States; except
that, notwithstanding the foregoing provision, this section shall
not apply to fueling of an aircraft owned, leased, operated by or
operated on behalf of an air carrier that is certificated to conduct
scheduled air transportation services under Part 121 of Title 14 of
the Code of Federal Regulations.
SECTION 2. Subchapter D, Chapter 70, Property Code, is
amended by adding Section 70.308 to read as follows:
Sec. 70.308. PERSONS WHO MAY BIND AIRCRAFT (a) The
following persons are presumed to be authorized by the owner of an
aircraft to incur charges that give rise to a lien under this
subchapter:
(1) the managing owner;
(2) the aircraft's lessee;
(3) the pilot, co-pilot, engineer or first officer;
(4) the aircraft charter operator;
(5) the aircraft scheduler, fuel manager and
dispatcher;
(6) the aircraft management company; and
(7) a person entrusted with possession of the aircraft
upon arrival at a fixed base operator.
(b) A person tortiously or unlawfully in possession or
charge of an aircraft may not bind the aircraft.
(c) The provisions of clauses (a) and (b) of this ยง70.308
shall not apply to an aircraft owned, leased, operated by, or
operated by an air carrier that is certificated to conduct
scheduled airline operations under Part 121 of Title 14 of the Code
of Federal Regulations.
SECTION 3. This Act takes effect September 1, 2019.