Texas 2023 - 88th Regular

Texas House Bill HB2574 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R6610 KBB-F
2	2	By: Lambert, Metcalf, Shine, Darby, Bailes H.B. No. 2574
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for notice advertising the sale of
8	8	property to enforce a self-service storage facility lien.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 59.042(b) and (c), Property Code, are
11	11	amended to read as follows:
12	12	(b) If the tenant fails to satisfy the claim on or before the
13	13	14th day after the date the notice is delivered, the lessor must
14	14	publish or post notices advertising the sale or otherwise give
15	15	notice advertising the sale in a commercially reasonable manner as
16	16	provided by this subchapter.
17	17	(c) The [If notice is by publication, the] lessor may not
18	18	sell the property until:
19	19	(1) the 15th day after the date the notice advertising
20	20	the sale is first published, if the notice is by publication;
21	21	(2) [. If notice is by posting, the lessor may sell
22	22	the property after] the 10th day after the date the notices
23	23	advertising the sale are posted, if the notice is by posting; or
24	24	(3) the 10th day after the date the notice is given, if
25	25	the notice is given in a commercially reasonable manner.
26	26	SECTION 2. The heading to Section 59.044, Property Code, is
27	27	amended to read as follows:
28	28	Sec. 59.044. METHOD AND CONTENT OF NOTICE ADVERTISING [OF]
29	29	SALE.
30	30	SECTION 3. Section 59.044, Property Code, is amended by
31	31	amending Subsection (b) and adding Subsections (c) and (d) to read
32	32	as follows:
33	33	(b) The lessor must either:
34	34	(1) publish the notice advertising the sale:
35	35	(A) subject to Subsection (c), [once in each of
36	36	two consecutive weeks] in a newspaper of general circulation in the
37	37	county in which the self-service storage facility is located; or
38	38	(B) on a publicly accessible Internet website
39	39	that regularly advertises or conducts auctions of personal
40	40	property; or
41	41	(2) give notice advertising the sale in a commercially
42	42	reasonable manner.
43	43	(c) If there is not a newspaper of general circulation in
44	44	the county in which to publish notice advertising the sale under
45	45	Subsection (b)(1), the lessor may [instead] post a copy of the
46	46	notice at the self-service storage facility and at least five other
47	47	conspicuous locations near the facility.
48	48	(d) For purposes of this section, notice advertising a sale
49	49	is considered to be given in a commercially reasonable manner if at
50	50	least three independent bidders register for, view, or attend the
51	51	sale, regardless of whether the sale is conducted at the
52	52	self-service storage facility or a reasonably near public place or
53	53	through an Internet website accessible to the public.
54	54	SECTION 4. The changes in law made by this Act to Chapter
55	55	59, Property Code, apply only to a self-service storage facility
56	56	rental agreement entered into, extended, or renewed on or after the
57	57	effective date of this Act. A self-service storage facility rental
58	58	agreement entered into, extended, or renewed before the effective
59	59	date of this Act is governed by the law as it existed immediately
60	60	before the effective date of this Act, and the former law is
61	61	continued in effect for that purpose.
62	62	SECTION 5. This Act takes effect September 1, 2023.