Texas 2019 - 86th Regular

Texas Senate Bill SB1185 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R9996 BEE-F
1	2		By: Creighton S.B. No. 1185
2		-	(In the Senate - Filed February 26, 2019; March 7, 2019,
3		-	read first time and referred to Committee on Business & Commerce;
4		-	May 16, 2019, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 7, Nays 0; May 16, 2019,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1185 By: Nichols
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the towing of certain property from a self-service
14	8		storage facility for disposition by a vehicle storage facility.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Section 59.001, Property Code, is amended by
17	11		adding Subdivision (4-a) to read as follows:
18	12		(4-a) "Vehicle storage facility" has the meaning
19	13		assigned by Section 2303.002, Occupations Code.
20	14		SECTION 2. Section 59.043(a), Property Code, is amended to
21	15		read as follows:
22	16		(a) The lessor's notice to the tenant of the claim must
23	17		contain:
24	18		(1) an itemized account of the claim;
25	19		(2) the name, address, and telephone number of the
26	20		lessor or the lessor's agent;
27	21		(3) a statement that the contents of the self-service
28	22		storage facility have been seized under the contractual landlord's
29	23		lien;
30	24		(4) a statement that if the tenant fails to satisfy the
31	25		claim on or before the 14th day after the date the notice is
32	26		delivered, the property may be, as applicable:
33	27		(A) sold at public auction under this subchapter;
34	28		or
35	29		(B) towed to a vehicle storage facility and
36	30		disposed of by the vehicle storage facility under Subchapter D,
37	31		Chapter 2303, Occupations Code; and
38	32		(5) a statement underlined or printed in conspicuous
39	33		bold print requesting a tenant who is in military service to notify
40	34		the lessor of the status of the tenant's current military service
41	35		immediately.
42	36		SECTION 3. Chapter 59, Property Code, is amended by adding
43	37		Subchapter D to read as follows:
44	38		SUBCHAPTER D. TOWING OF CERTAIN PROPERTY TO VEHICLE STORAGE
45	39		FACILITY
46	40		Sec. 59.051. APPLICABILITY. This subchapter applies only
47		-	to property that is:
48		-	(1) a motor vehicle, trailer, or semitrailer for which
49		-	a title or registration is required under Chapter 501 or 502,
	41	+	to:
	42	+	(1) a motor vehicle subject to Chapter 501,
50	43		Transportation Code;
51		-	(2) a motorboat, vessel, or outboard motor for which a
52		-	certificate of title is required under Subchapter B, Chapter 31,
53		-	Parks and Wildlife Code; or
54		-	(3) a motor vehicle, trailer, semitrailer, motorboat,
55		-	vessel, or outboard motor registered or titled outside this state.
	44	+	(2) a motorboat or vessel for which a certificate of
	45	+	title is required under Subchapter B, Chapter 31, Parks and
	46	+	Wildlife Code;
	47	+	(3) a trailer for which a title or registration is
	48	+	required under Chapter 501 or 502, Transportation Code; or
	49	+	(4) a motor vehicle, motorboat, vessel, or trailer
	50	+	registered or titled outside this state.
56	51		Sec. 59.052. TRANSFER OF CERTAIN PROPERTY TO VEHICLE
57	52		STORAGE FACILITY. Notwithstanding Subchapter C, a lessor who takes
58	53		possession of property to which this subchapter applies to enforce
59	54		a lien under this chapter may transfer possession of the property
60	55		and have the property towed to a vehicle storage facility for
61	56		disposition by the vehicle storage facility under Subchapter D,
62	57		Chapter 2303, Occupations Code, if:
63	58		(1) the transfer of possession and towing is
64	59		authorized under a written rental agreement between the lessor and
65	60		tenant;
66	61		(2) the lessor gives written notice of the lessor's
67	62		claim to the tenant as required under Section 59.042(a) in the
68	63		manner prescribed by Section 59.043;
69	64		(3) the tenant fails to satisfy the claim on or before
70	65		the 14th day after the date the notice required under Section
71	66		59.042(a) is delivered in the manner prescribed by Section 59.043;
72	67		and
73	68		(4) the vehicle storage facility agrees in writing to
74	69		accept possession of the property.
75	70		Sec. 59.053. LIEN EXTINGUISHED. A lessor's lien on
76	71		property towed to a vehicle storage facility under Section 59.052
77	72		is extinguished when the property is towed from the self-service
78	73		storage facility.
79	74		Sec. 59.054. OTHER RIGHTS AND REMEDIES NOT AFFECTED.
80	75		Except as provided by Section 59.053, this subchapter does not
81	76		affect any right or remedy of the lessor at law or in equity.
82	77		Sec. 59.055. LESSOR'S LIABILITY FOR PROPERTY. A lessor is
83	78		not liable to a tenant for any damage to property that the lessor
84	79		has towed under Section 59.052 that occurs during the tow or after
85	80		the property is towed from the self-service storage facility.
86	81		SECTION 4. Chapter 2303, Occupations Code, is amended by
87	82		adding Subchapter E to read as follows:
88	83		SUBCHAPTER E. ACCEPTANCE AND DISPOSITION OF CERTAIN PROPERTY FROM
89	84		SELF-SERVICE STORAGE FACILITY
90	85		Sec. 2303.201. DEFINITIONS. In this subchapter, "lessor"
91	86		and "self-service storage facility" have the meanings assigned by
92	87		Section 59.001, Property Code.
93	88		Sec. 2303.202. APPLICABILITY. This subchapter applies only
94	89		to property described by Section 59.051, Property Code.
95	90		Sec. 2303.203. ACCEPTANCE OF PROPERTY. A vehicle storage
96	91		facility shall accept property from a lessor who has transferred
97	92		possession of the property from a self-service storage facility to
98	93		the vehicle storage facility under Section 59.052, Property Code.
99	94		Sec. 2303.204. DISPOSITION OF PROPERTY. A vehicle storage
100	95		facility that accepts property under Section 2303.203 may dispose
101	96		of the property in the manner provided by Subchapter D for a vehicle
102	97		received by a facility as described by Section 2303.151.
103	98		SECTION 5. This Act takes effect September 1, 2019.
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