Texas 2023 - 88th Regular

Texas House Bill HB3109 Compare Versions

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1	1	88R7432 DRS-F
2	2	By: Hernandez H.B. No. 3109
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to provision of notice by a vehicle storage facility
8	8	through a Texas Department of Motor Vehicles electronic system;
9	9	authorizing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 2303.151, Occupations Code, is amended
12	12	by amending Subsections (d), (e), and (g) and adding Subsection (h)
13	13	to read as follows:
14	14	(d) Except as provided by Subsection (h), a [A] notice under
15	15	this section must:
16	16	(1) be correctly addressed;
17	17	(2) carry sufficient postage; and
18	18	(3) be sent by certified mail, return receipt
19	19	requested or electronic certified mail.
20	20	(e) A notice under this section is considered to have been
21	21	given on the date indicated on the postmark and to be timely filed
22	22	if:
23	23	(1) the postmark indicates that the notice was mailed
24	24	within the period described by Subsection (a) or (b), as
25	25	applicable; [or]
26	26	(2) the notice was published as provided by Section
27	27	2303.152; or
28	28	(3) the notice was sent by a Texas Department of Motor
29	29	Vehicles electronic system as provided by Subsection (h).
30	30	(g) Notwithstanding any other law, a state agency or county
31	31	office may not require proof of delivery of a notice sent under this
32	32	section in order to issue a title for the vehicle that is the
33	33	subject of the notice if proof is provided that the notice was sent
34	34	[mailed] in accordance with this section.
35	35	(h) If the Texas Department of Motor Vehicles provides an
36	36	electronic system to send notice, the operator of a vehicle storage
37	37	facility may use that electronic system to send the notice required
38	38	by this section. If the electronic system is unable to send notice
39	39	to the registered owner or primary lienholder of a vehicle as
40	40	required under this section, the operator of the vehicle storage
41	41	facility holding the vehicle shall send written notice as provided
42	42	under Subsection (a) or Section 2303.152. The Texas Department of
43	43	Motor Vehicles may charge a fee to send notice through an electronic
44	44	system under this section.
45	45	SECTION 2. Section 2303.153(a), Occupations Code, is
46	46	amended to read as follows:
47	47	(a) A notice [by mail] provided under Section 2303.151 must
48	48	include:
49	49	(1) the date the vehicle was accepted for storage;
50	50	(2) the first day for which a storage fee is assessed;
51	51	(3) the daily storage rate;
52	52	(4) the type and amount of any other charge to be paid
53	53	when the vehicle is claimed;
54	54	(5) the full name, street address, and telephone
55	55	number of the vehicle storage facility;
56	56	(6) the hours during which the owner may claim the
57	57	vehicle; and
58	58	(7) the facility license number preceded by "Texas
59	59	Department of Licensing and Regulation Vehicle Storage Facility
60	60	License Number" or "TDLR VSF Lic. No."
61	61	SECTION 3. Section 2303.154, Occupations Code, is amended
62	62	by amending Subsections (a), (d), and (f) and adding Subsection
63	63	(e-1) to read as follows:
64	64	(a) If a vehicle is not claimed by a person permitted to
65	65	claim the vehicle before the 10th day after the date notice is sent
66	66	[mailed] or published under Section 2303.151 or 2303.152, the
67	67	operator of the vehicle storage facility shall consider the vehicle
68	68	to be abandoned and, if required by the law enforcement agency with
69	69	jurisdiction where the vehicle is located, report the abandonment
70	70	to the law enforcement agency. If the law enforcement agency
71	71	notifies the vehicle storage facility that the agency will send
72	72	notices and dispose of the abandoned vehicle under Subchapter B,
73	73	Chapter 683, Transportation Code, the vehicle storage facility
74	74	shall pay the fee required under Section 683.031, Transportation
75	75	Code.
76	76	(d) Not earlier than the 15th day and before the 21st day
77	77	after the date notice is sent [mailed] or published under Section
78	78	2303.151 or 2303.152, the operator of a vehicle storage facility
79	79	shall send a second notice to the registered owner and each recorded
80	80	lienholder of the vehicle if the facility:
81	81	(1) was not required to make a report under Subsection
82	82	(a); or
83	83	(2) has made a required report under Subsection (a)
84	84	and the law enforcement agency:
85	85	(A) has notified the facility that the law
86	86	enforcement agency will not take custody of the vehicle;
87	87	(B) has not taken custody of the vehicle; or
88	88	(C) has not responded to the report.
89	89	(e-1) If the notice required by Section 2303.151 was sent by
90	90	a Texas Department of Motor Vehicles electronic system described by
91	91	Section 2303.151(h), the notice required under this section may be
92	92	sent by that electronic system.
93	93	(f) Notwithstanding any other law, a state agency or county
94	94	office may not require proof of delivery of a notice sent under this
95	95	section in order to issue a title for the vehicle that is the
96	96	subject of the notice if proof is provided that the notice was sent
97	97	[mailed] in accordance with this section.
98	98	SECTION 4. Section 2303.1545(a), Occupations Code, is
99	99	amended to read as follows:
100	100	(a) A vehicle storage facility that holds an abandoned
101	101	nuisance vehicle is not required to send or publish a second notice
102	102	and is entitled to dispose of the vehicle on the 30th day after the
103	103	date the notice is sent [mailed] or published under Section
104	104	2303.151 or 2303.152.
105	105	SECTION 5. Section 2303.155(e), Occupations Code, is
106	106	amended to read as follows:
107	107	(e) The operator of a vehicle storage facility or
108	108	governmental vehicle storage facility may charge a daily storage
109	109	fee under Subsection (b):
110	110	(1) for not more than five days before the date notice
111	111	is sent [mailed] or published under this subchapter, if the vehicle
112	112	is registered in this state;
113	113	(2) for not more than five days before the date the
114	114	request for owner information is sent to the appropriate
115	115	governmental entity as required by this subchapter, if the vehicle
116	116	is registered in another state; and
117	117	(3) for each day the vehicle is in storage after the
118	118	date the notice is sent [mailed] or published until the vehicle is
119	119	removed and all accrued charges are paid.
120	120	SECTION 6. Section 2303.157(a), Occupations Code, is
121	121	amended to read as follows:
122	122	(a) The operator of a vehicle storage facility may dispose
123	123	of a vehicle for which notice is given under Section 2303.154 if,
124	124	before the 30th day after the date notice is sent [mailed], the
125	125	vehicle is not:
126	126	(1) claimed by a person entitled to claim the vehicle;
127	127	or
128	128	(2) taken into custody by a law enforcement agency
129	129	under Chapter 683, Transportation Code.
130	130	SECTION 7. Section 2303.157(b), Occupations Code, is
131	131	amended to read as follows:
132	132	(b) An operator entitled to dispose of a vehicle under this
133	133	section may sell the vehicle at a public sale without obtaining a
134	134	release or discharge of any lien on the vehicle, regardless of
135	135	whether notice was provided by mail, [or] by publication, or by a
136	136	Texas Department of Motor Vehicles electronic system under this
137	137	chapter. The proceeds from the sale of the vehicle shall be
138	138	applied to the charges incurred for the vehicle under Section
139	139	2303.155. The operator shall pay any excess proceeds to the person
140	140	entitled to those proceeds.
141	141	SECTION 8. This Act takes effect September 1, 2024.