88R6610 KBB-F
By: Lambert, Metcalf H.B. No. 2574
A BILL TO BE ENTITLED
AN ACT
relating to requirements for notice advertising the sale of
property to enforce a self-service storage facility lien.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 59.042(b) and (c), Property Code, are
amended to read as follows:
(b) If the tenant fails to satisfy the claim on or before the
14th day after the date the notice is delivered, the lessor must
publish or post notices advertising the sale or otherwise give
notice advertising the sale in a commercially reasonable manner as
provided by this subchapter.
(c) The [If notice is by publication, the] lessor may not
sell the property until:
(1) the 15th day after the date the notice advertising
the sale is first published, if the notice is by publication;
(2) [. If notice is by posting, the lessor may sell
the property after] the 10th day after the date the notices
advertising the sale are posted, if the notice is by posting; or
(3) the 10th day after the date the notice is given, if
the notice is given in a commercially reasonable manner.
SECTION 2. The heading to Section 59.044, Property Code, is
amended to read as follows:
Sec. 59.044. METHOD AND CONTENT OF NOTICE ADVERTISING [OF]
SALE.
SECTION 3. Section 59.044, Property Code, is amended by
amending Subsection (b) and adding Subsections (c) and (d) to read
as follows:
(b) The lessor must either:
(1) publish the notice advertising the sale:
(A) subject to Subsection (c), [once in each of
two consecutive weeks] in a newspaper of general circulation in the
county in which the self-service storage facility is located; or
(B) on a publicly accessible Internet website
that regularly advertises or conducts auctions of personal
property; or
(2) give notice advertising the sale in a commercially
reasonable manner.
(c) If there is not a newspaper of general circulation in
the county in which to publish notice advertising the sale under
Subsection (b)(1), the lessor may [instead] post a copy of the
notice at the self-service storage facility and at least five other
conspicuous locations near the facility.
(d) For purposes of this section, notice advertising a sale
is considered to be given in a commercially reasonable manner if at
least three independent bidders register for, view, or attend the
sale, regardless of whether the sale is conducted at the
self-service storage facility or a reasonably near public place or
through an Internet website accessible to the public.
SECTION 4. The changes in law made by this Act to Chapter
59, Property Code, apply only to a self-service storage facility
rental agreement entered into, extended, or renewed on or after the
effective date of this Act. A self-service storage facility rental
agreement entered into, extended, or renewed before the effective
date of this Act is governed by the law as it existed immediately
before the effective date of this Act, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2023.