H.B. No. 2879
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. Section 70.006, Property Code, is amended by
amending Subsections (a) and (b-1) and adding Subsection (a-1) 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. Subject to Subsection (a-1) [Not later than
the 30th day after the date on which the charges accrue], 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.
(a-1) A copy of the notice and information required to be
filed with the county tax assessor-collector's office under
Subsection (a) must be filed:
(1) for a motor vehicle that has a gross vehicle weight
rating of less than 16,000 pounds, not later than the 30th day after
the date on which the charges accrue; and
(2) for a motor vehicle that has a gross vehicle weight
rating equal to or greater than 16,000 pounds, 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).
(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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2879 was passed by the House on April
27, 2021, by the following vote: Yeas 144, Nays 2, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2879 was passed by the Senate on May
26, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor