87R5799 BEE-D
By: Landgraf H.B. No. 2879
A BILL TO BE ENTITLED
AN ACT
relating to notice required in connection with possessory liens on
certain motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 70.006(a) and (b-1), 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 give written
notice to the owner and each holder of a lien recorded on the
certificate of title. Not later than the later of the 30th day
after the date on which the charges accrue or the 30th day before
the date of a proposed sale or disposition of the motor vehicle
under Subsection (f) or (f-1), 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.
(b-1) 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, who is required to give
notice to a lienholder of record under this section must include in
the notice:
(1) the physical address of the real property at which
the repairs to the motor vehicle were made;
(2) the legal name of the person that holds the
possessory lien for which the notice is required;
(3) the taxpayer identification number or employer
identification number, as applicable, of the person that holds the
possessory lien for which the notice is required; [and]
(4) a signed copy of the work order authorizing the
repairs on the motor vehicle; and
(5) if applicable, the proposed date of the sale or
disposition of the motor vehicle under Subsection (f) or (f-1).
SECTION 2. The changes in law made by this Act apply only to
a possessory lien on a motor vehicle the possession of which is
obtained on or after the effective date of this Act. A possessory
lien on a motor vehicle the possession of which was obtained before
that date is governed by the law in effect at the time possession
was obtained, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2021.