Texas 2021 - 87th Regular

Texas House Bill HB2379 Compare Versions

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

Old	New	Differences
1	1	87R7265 BEE-F
2	2	By: Metcalf H.B. No. 2379
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the towing of certain property from a self-service
8	8	storage facility for disposition by a vehicle storage facility.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 59.001, Property Code, is amended by
11	11	adding Subdivision (4-a) to read as follows:
12	12	(4-a) "Vehicle storage facility" has the meaning
13	13	assigned by Section 2303.002, Occupations Code.
14	14	SECTION 2. Section 59.043(a), Property Code, is amended to
15	15	read as follows:
16	16	(a) The lessor's notice to the tenant of the claim must
17	17	contain:
18	18	(1) an itemized account of the claim;
19	19	(2) the name, address, and telephone number of the
20	20	lessor or the lessor's agent;
21	21	(3) a statement that the contents of the self-service
22	22	storage facility have been seized under the contractual landlord's
23	23	lien;
24	24	(4) a statement that if the tenant fails to satisfy the
25	25	claim on or before the 14th day after the date the notice is
26	26	delivered, the property may be, as applicable:
27	27	(A) sold at public auction under this subchapter;
28	28	or
29	29	(B) towed to a vehicle storage facility and
30	30	disposed of by the vehicle storage facility under Subchapter D,
31	31	Chapter 2303, Occupations Code; and
32	32	(5) a statement underlined or printed in conspicuous
33	33	bold print requesting a tenant who is in military service to notify
34	34	the lessor of the status of the tenant's current military service
35	35	immediately.
36	36	SECTION 3. Chapter 59, Property Code, is amended by adding
37	37	Subchapter D to read as follows:
38	38	SUBCHAPTER D. TOWING OF CERTAIN PROPERTY TO VEHICLE STORAGE
39	39	FACILITY
40	40	Sec. 59.051. APPLICABILITY. This subchapter applies only
41	41	to property that is:
42	42	(1) a motor vehicle, trailer, or semitrailer for which
43	43	a title or registration is required under Chapter 501 or 502,
44	44	Transportation Code;
45	45	(2) a motorboat, vessel, or outboard motor for which a
46	46	certificate of title is required under Subchapter B, Chapter 31,
47	47	Parks and Wildlife Code; or
48	48	(3) a motor vehicle, trailer, semitrailer, motorboat,
49	49	vessel, or outboard motor registered or titled outside this state.
50	50	Sec. 59.052. TRANSFER OF CERTAIN PROPERTY TO VEHICLE
51	51	STORAGE FACILITY. Notwithstanding Subchapter C, a lessor who takes
52	52	possession of property to which this subchapter applies to enforce
53	53	a lien under this chapter may transfer possession of the property
54	54	and have the property towed to a vehicle storage facility for
55	55	disposition by the vehicle storage facility under Subchapter D,
56	56	Chapter 2303, Occupations Code, if:
57	57	(1) the transfer of possession and towing is
58	58	authorized under a written rental agreement between the lessor and
59	59	tenant;
60	60	(2) the lessor gives written notice of the lessor's
61	61	claim to the tenant as required under Section 59.042(a) in the
62	62	manner prescribed by Section 59.043;
63	63	(3) the tenant fails to satisfy the claim on or before
64	64	the 14th day after the date the notice required under Section
65	65	59.042(a) is delivered in the manner prescribed by Section 59.043;
66	66	and
67	67	(4) the vehicle storage facility agrees in writing to
68	68	accept possession of the property.
69	69	Sec. 59.053. LIEN EXTINGUISHED. A lessor's lien on
70	70	property towed to a vehicle storage facility under Section 59.052
71	71	is extinguished when the property is towed from the self-service
72	72	storage facility.
73	73	Sec. 59.054. OTHER RIGHTS AND REMEDIES NOT AFFECTED.
74	74	Except as provided by Section 59.053, this subchapter does not
75	75	affect any right or remedy of the lessor at law or in equity.
76	76	Sec. 59.055. LESSOR'S LIABILITY FOR PROPERTY. A lessor is
77	77	not liable to a tenant for any damage to property that the lessor
78	78	has towed under Section 59.052 that occurs during the tow or after
79	79	the property is towed from the self-service storage facility.
80	80	SECTION 4. Chapter 2303, Occupations Code, is amended by
81	81	adding Subchapter E to read as follows:
82	82	SUBCHAPTER E. ACCEPTANCE AND DISPOSITION OF CERTAIN PROPERTY FROM
83	83	SELF-SERVICE STORAGE FACILITY
84	84	Sec. 2303.201. DEFINITIONS. In this subchapter, "lessor"
85	85	and "self-service storage facility" have the meanings assigned by
86	86	Section 59.001, Property Code.
87	87	Sec. 2303.202. APPLICABILITY. This subchapter applies only
88	88	to property described by Section 59.051, Property Code.
89	89	Sec. 2303.203. ACCEPTANCE OF PROPERTY. A vehicle storage
90	90	facility shall accept property from a lessor who has transferred
91	91	possession of the property from a self-service storage facility to
92	92	the vehicle storage facility under Section 59.052, Property Code.
93	93	Sec. 2303.204. DISPOSITION OF PROPERTY. A vehicle storage
94	94	facility that accepts property under Section 2303.203 may dispose
95	95	of the property in the manner provided by Subchapter D for a vehicle
96	96	received by a facility as described by Section 2303.151.
97	97	SECTION 5. This Act takes effect September 1, 2021.