By: Guillen H.B. No. 4440
A BILL TO BE ENTITLED
AN ACT
relating to possessory liens and the exemption of personal property
therefrom.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2303.158, Occupations Code, is amended
to read as follows:
Sec. 2303.158. POSSESSORY LIEN, PERFECTION, PERSONAL
PROPERTY, AND ACCESS TO GLOVE COMPARTMENT, CONSOLE, OR OTHER
INTERIOR STORAGE AREA TO ESTABLISH IDENTITY OR OWNERSHIP. (a) The
operator of a vehicle storage facility shall have a first priority
possessory lien on the vehicle and its contents for all charges for
all reasonable towing, recovery, and storage fees, including all
fees set by law or Department rule, for which the owner, operator,
or carrier is liable.
(i) The possessory lien under this Section attaches to not
only the vehicle and its contents, but also to any trailer attached
to the vehicle or that was towed and stored in conjunction with the
vehicle as well as any contents of the trailer including, but not
limited to, other vehicles, boats, and cargo.
(b) A lien under this Section shall not extend or attach to
the following personal items, without limitation:
(i) personal or legal documents;
(ii) Medications;
(iii) child-restraint seating;
(iv) wallets, purses, and the contents of such;
(v) prescription eyeglasses;
(vi) prosthetics;
(vii) cell phones;
(viii) photographs; and
(ix) books.
(c) The items described in Section 2308.158 (b)(i)-(ix)
shall be released without charge by the towing and storage firm to
the owner or operator of the motor vehicle or his or her duly
authorized representative.
(d) The operator of a vehicle storage facility or a
governmental vehicle storage facility must allow a person claiming
to be the owner of a vehicle stored or parked at the facility to have
access to the vehicle's glove compartment, console, or other
interior storage area if documents necessary to establish the
person's identity or ownership of the vehicle are located in the
glove compartment, console, or other interior storage area.
(e) The lien described in this Section may be perfected by:
(i) maintaining possession; or
(ii) mailing notice(s) to the owner and registered
lienholder as required by this Chapter.
(f) a towing company or vehicle storage facility that in
good faith follows the procedures of this Section shall not be
liable for claims of conversion or civil theft in relation to the
vehicles or their contents for maintaining property pursuant to the
possessory lien as provided by this Section.
(g) a person who forecloses on a lien described in this
Chapter, a person that purchases property pursuant to the
foreclosure of such possessory lien, and any person applying for
ownership of or title to property purchased or sold at the public
sale, whether through use of forms promulgated by the Texas
Department of Motor Vehicles including Form VTR-265-VSF as amended,
restated, or modified from time to time, shall not be liable for
claims of conversion or civil theft in relation to the vehicles,
their contents, or personal property.
SECTION 2. This Act takes effect September 1, 2021.