88R7432 DRS-F
By: Hernandez H.B. No. 3109
A BILL TO BE ENTITLED
AN ACT
relating to provision of notice by a vehicle storage facility
through a Texas Department of Motor Vehicles electronic system;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2303.151, Occupations Code, is amended
by amending Subsections (d), (e), and (g) and adding Subsection (h)
to read as follows:
(d) Except as provided by Subsection (h), a [A] notice under
this section must:
(1) be correctly addressed;
(2) carry sufficient postage; and
(3) be sent by certified mail, return receipt
requested or electronic certified mail.
(e) A notice under this section is considered to have been
given on the date indicated on the postmark and to be timely filed
if:
(1) the postmark indicates that the notice was mailed
within the period described by Subsection (a) or (b), as
applicable; [or]
(2) the notice was published as provided by Section
2303.152; or
(3) the notice was sent by a Texas Department of Motor
Vehicles electronic system as provided by Subsection (h).
(g) Notwithstanding any other law, a state agency or county
office may not require proof of delivery of a notice sent under this
section in order to issue a title for the vehicle that is the
subject of the notice if proof is provided that the notice was sent
[mailed] in accordance with this section.
(h) If the Texas Department of Motor Vehicles provides an
electronic system to send notice, the operator of a vehicle storage
facility may use that electronic system to send the notice required
by this section. If the electronic system is unable to send notice
to the registered owner or primary lienholder of a vehicle as
required under this section, the operator of the vehicle storage
facility holding the vehicle shall send written notice as provided
under Subsection (a) or Section 2303.152. The Texas Department of
Motor Vehicles may charge a fee to send notice through an electronic
system under this section.
SECTION 2. Section 2303.153(a), Occupations Code, is
amended to read as follows:
(a) A notice [by mail] provided under Section 2303.151 must
include:
(1) the date the vehicle was accepted for storage;
(2) the first day for which a storage fee is assessed;
(3) the daily storage rate;
(4) the type and amount of any other charge to be paid
when the vehicle is claimed;
(5) the full name, street address, and telephone
number of the vehicle storage facility;
(6) the hours during which the owner may claim the
vehicle; and
(7) the facility license number preceded by "Texas
Department of Licensing and Regulation Vehicle Storage Facility
License Number" or "TDLR VSF Lic. No."
SECTION 3. Section 2303.154, Occupations Code, is amended
by amending Subsections (a), (d), and (f) and adding Subsection
(e-1) to read as follows:
(a) If a vehicle is not claimed by a person permitted to
claim the vehicle before the 10th day after the date notice is sent
[mailed] or published under Section 2303.151 or 2303.152, the
operator of the vehicle storage facility shall consider the vehicle
to be abandoned and, if required by the law enforcement agency with
jurisdiction where the vehicle is located, report the abandonment
to the law enforcement agency. If the law enforcement agency
notifies the vehicle storage facility that the agency will send
notices and dispose of the abandoned vehicle under Subchapter B,
Chapter 683, Transportation Code, the vehicle storage facility
shall pay the fee required under Section 683.031, Transportation
Code.
(d) Not earlier than the 15th day and before the 21st day
after the date notice is sent [mailed] or published under Section
2303.151 or 2303.152, the operator of a vehicle storage facility
shall send a second notice to the registered owner and each recorded
lienholder of the vehicle if the facility:
(1) was not required to make a report under Subsection
(a); or
(2) has made a required report under Subsection (a)
and the law enforcement agency:
(A) has notified the facility that the law
enforcement agency will not take custody of the vehicle;
(B) has not taken custody of the vehicle; or
(C) has not responded to the report.
(e-1) If the notice required by Section 2303.151 was sent by
a Texas Department of Motor Vehicles electronic system described by
Section 2303.151(h), the notice required under this section may be
sent by that electronic system.
(f) Notwithstanding any other law, a state agency or county
office may not require proof of delivery of a notice sent under this
section in order to issue a title for the vehicle that is the
subject of the notice if proof is provided that the notice was sent
[mailed] in accordance with this section.
SECTION 4. Section 2303.1545(a), Occupations Code, is
amended to read as follows:
(a) A vehicle storage facility that holds an abandoned
nuisance vehicle is not required to send or publish a second notice
and is entitled to dispose of the vehicle on the 30th day after the
date the notice is sent [mailed] or published under Section
2303.151 or 2303.152.
SECTION 5. Section 2303.155(e), Occupations Code, is
amended to read as follows:
(e) The operator of a vehicle storage facility or
governmental vehicle storage facility may charge a daily storage
fee under Subsection (b):
(1) for not more than five days before the date notice
is sent [mailed] or published under this subchapter, if the vehicle
is registered in this state;
(2) for not more than five days before the date the
request for owner information is sent to the appropriate
governmental entity as required by this subchapter, if the vehicle
is registered in another state; and
(3) for each day the vehicle is in storage after the
date the notice is sent [mailed] or published until the vehicle is
removed and all accrued charges are paid.
SECTION 6. Section 2303.157(a), Occupations Code, is
amended to read as follows:
(a) The operator of a vehicle storage facility may dispose
of a vehicle for which notice is given under Section 2303.154 if,
before the 30th day after the date notice is sent [mailed], the
vehicle is not:
(1) claimed by a person entitled to claim the vehicle;
or
(2) taken into custody by a law enforcement agency
under Chapter 683, Transportation Code.
SECTION 7. Section 2303.157(b), Occupations Code, is
amended to read as follows:
(b) An operator entitled to dispose of a vehicle under this
section may sell the vehicle at a public sale without obtaining a
release or discharge of any lien on the vehicle, regardless of
whether notice was provided by mail, [or] by publication, or by a
Texas Department of Motor Vehicles electronic system under this
chapter. The proceeds from the sale of the vehicle shall be
applied to the charges incurred for the vehicle under Section
2303.155. The operator shall pay any excess proceeds to the person
entitled to those proceeds.
SECTION 8. This Act takes effect September 1, 2024.