Texas 2021 - 87th Regular

Texas House Bill HB2879 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2879
	1	+	By: Landgraf (Senate Sponsor - Seliger) H.B. No. 2879
	2	+	(In the Senate - Received from the House April 28, 2021;
	3	+	May 6, 2021, read first time and referred to Committee on Business &
	4	+	Commerce; May 20, 2021, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 20, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to notice required in connection with possessory liens on
6	12		certain motor vehicles.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 70.006, Property Code, is amended by
9	15		amending Subsections (a) and (b-1) and adding Subsection (a-1) to
10	16		read as follows:
11	17		(a) A holder of a lien under this subchapter on a motor
12	18		vehicle subject to Chapter 501, Transportation Code, or on a
13	19		motorboat, vessel, or outboard motor for which a certificate of
14	20		title is required under Subchapter B, Chapter 31, Parks and
15	21		Wildlife Code, as amended, who retains possession of the motor
16	22		vehicle, motorboat, vessel, or outboard motor shall give written
17	23		notice to the owner and each holder of a lien recorded on the
18	24		certificate of title. Subject to Subsection (a-1) [Not later than
19	25		the 30th day after the date on which the charges accrue], a holder
20	26		of a possessory lien on a motor vehicle under Section 70.001, other
21	27		than a person licensed as a franchised dealer under Chapter 2301,
22	28		Occupations Code, shall file a copy of the notice and all
23	29		information required by this section with the county tax
24	30		assessor-collector's office in the county in which the repairs were
25	31		made with an administrative fee of $25 payable to the county tax
26	32		assessor-collector. If the motor vehicle, motorboat, vessel, or
27	33		outboard motor is registered outside this state, the holder of a
28	34		lien under this subchapter who retains possession during that
29	35		period shall give notice to the last known registered owner and each
30	36		lienholder of record.
31	37		(a-1) A copy of the notice and information required to be
32	38		filed with the county tax assessor-collector's office under
33	39		Subsection (a) must be filed:
34	40		(1) for a motor vehicle that has a gross vehicle weight
35	41		rating of less than 16,000 pounds, not later than the 30th day after
36	42		the date on which the charges accrue; and
37	43		(2) for a motor vehicle that has a gross vehicle weight
38	44		rating equal to or greater than 16,000 pounds, not later than the
39	45		later of the 30th day after the date on which the charges accrue or
40	46		the 30th day before the date of a proposed sale or disposition of
41	47		the motor vehicle under Subsection (f) or (f-1).
42	48		(b-1) A holder of a possessory lien on a motor vehicle under
43	49		Section 70.001, other than a person licensed as a franchised dealer
44	50		under Chapter 2301, Occupations Code, who is required to give
45	51		notice to a lienholder of record under this section must include in
46	52		the notice:
47	53		(1) the physical address of the real property at which
48	54		the repairs to the motor vehicle were made;
49	55		(2) the legal name of the person that holds the
50	56		possessory lien for which the notice is required;
51	57		(3) the taxpayer identification number or employer
52	58		identification number, as applicable, of the person that holds the
53	59		possessory lien for which the notice is required; [and]
54	60		(4) a signed copy of the work order authorizing the
55	61		repairs on the motor vehicle; and
56	62		(5) if applicable, the proposed date of the sale or
57	63		disposition of the motor vehicle under Subsection (f) or (f-1).
58	64		SECTION 2. The changes in law made by this Act apply only to
59	65		a possessory lien on a motor vehicle the possession of which is
60	66		obtained on or after the effective date of this Act. A possessory
61	67		lien on a motor vehicle the possession of which was obtained before
62	68		that date is governed by the law in effect at the time possession
63	69		was obtained, and the former law is continued in effect for that
64	70		purpose.
65	71		SECTION 3. This Act takes effect September 1, 2021.
66		-	______________________________ ______________________________
67		-	President of the Senate Speaker of the House
68		-	I certify that H.B. No. 2879 was passed by the House on April
69		-	27, 2021, by the following vote: Yeas 144, Nays 2, 1 present, not
70		-	voting.
71		-	______________________________
72		-	Chief Clerk of the House
73		-	I certify that H.B. No. 2879 was passed by the Senate on May
74		-	26, 2021, by the following vote: Yeas 31, Nays 0.
75		-	______________________________
76		-	Secretary of the Senate
77		-	APPROVED: _____________________
78		-	Date
79		-	_____________________
80		-	Governor
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