| 1 | 1 | | 88R242 BEE-F |
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| 2 | 2 | | By: Gamez H.B. No. 3148 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a vehicle storage facility operator's possessory lien |
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| 8 | 8 | | on a vehicle and the vehicle's cargo, contents, and other personal |
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| 9 | 9 | | property. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter D, Chapter 2303, Occupations Code, is |
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| 12 | 12 | | amended by adding Section 2303.162 to read as follows: |
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| 13 | 13 | | Sec. 2303.162. POSSESSORY LIEN. (a) In this section: |
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| 14 | 14 | | (1) "Cargo" means goods, as defined by Section 7.102, |
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| 15 | 15 | | Business & Commerce Code, that constitute, wholly or partly, a |
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| 16 | 16 | | commercial shipment of freight moving in commerce. A shipment is |
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| 17 | 17 | | considered to be moving in commerce if the shipment is located at |
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| 18 | 18 | | any point between the point of origin and the final point of |
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| 19 | 19 | | destination regardless of any temporary stop that is made for the |
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| 20 | 20 | | purpose of transshipment or otherwise. |
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| 21 | 21 | | (2) "Personal property" includes personal property as |
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| 22 | 22 | | defined by Section 545.3051, Transportation Code. |
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| 23 | 23 | | (3) "Vehicle" includes a trailer: |
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| 24 | 24 | | (A) attached to the vehicle; or |
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| 25 | 25 | | (B) towed and stored in conjunction with the |
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| 26 | 26 | | vehicle. |
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| 27 | 27 | | (b) A vehicle storage facility operator has a first priority |
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| 28 | 28 | | possessory lien on a vehicle stored or parked at the facility for |
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| 29 | 29 | | all reasonable towing, recovery, and storage charges for which the |
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| 30 | 30 | | owner, operator, or carrier of the vehicle is liable, including for |
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| 31 | 31 | | all fees established by law or department rule. |
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| 32 | 32 | | (c) Except as provided by Subsection (d), in addition to the |
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| 33 | 33 | | vehicle described by Subsection (b), a possessory lien under this |
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| 34 | 34 | | section attaches to: |
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| 35 | 35 | | (1) the vehicle's contents; and |
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| 36 | 36 | | (2) the contents of or personal property carried by a |
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| 37 | 37 | | trailer described by Subsection (a)(3), including cargo or a |
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| 38 | 38 | | vehicle or boat. |
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| 39 | 39 | | (d) A lien under this section does not attach to a vehicle |
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| 40 | 40 | | owner's or operator's personal belongings that are designated by |
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| 41 | 41 | | commission rule as exempt from attachment under this section. |
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| 42 | 42 | | (e) On request of the vehicle's owner or operator, or the |
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| 43 | 43 | | owner's or operator's authorized representative, a vehicle storage |
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| 44 | 44 | | facility operator shall release without charge the personal |
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| 45 | 45 | | belongings described by Subsection (d). If the release of personal |
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| 46 | 46 | | belongings described by Subsection (d) is not requested by a person |
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| 47 | 47 | | qualified to make the request as provided by this subsection, the |
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| 48 | 48 | | belongings are considered to be part of a vehicle for purposes of a |
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| 49 | 49 | | waiver under Section 2303.154(b)(3)(A) or (c)(2)(A). |
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| 50 | 50 | | (f) A lien under this section attaches in preference to any |
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| 51 | 51 | | prior lien. |
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| 52 | 52 | | (g) A vehicle storage facility operator may perfect a lien |
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| 53 | 53 | | under this section by: |
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| 54 | 54 | | (1) maintaining possession of: |
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| 55 | 55 | | (A) the vehicle; |
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| 56 | 56 | | (B) the vehicle's contents; or |
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| 57 | 57 | | (C) the contents of or personal property carried |
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| 58 | 58 | | by a trailer described by Subsection (a)(3), including cargo or a |
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| 59 | 59 | | vehicle or boat; or |
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| 60 | 60 | | (2) sending the written notices to the registered |
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| 61 | 61 | | owner and lienholder of the vehicle as required by this chapter. |
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| 62 | 62 | | (h) A vehicle storage facility or a towing company, as |
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| 63 | 63 | | defined by Section 2308.002, that complies with this section is not |
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| 64 | 64 | | liable for a claim of conversion or civil theft in relation to |
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| 65 | 65 | | maintaining possession of a vehicle or a vehicle's contents |
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| 66 | 66 | | pursuant to a possessory lien under this section. |
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| 67 | 67 | | (i) A person is not liable for a claim of conversion or civil |
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| 68 | 68 | | theft in relation to a vehicle or the contents of the vehicle or |
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| 69 | 69 | | related personal property if the person: |
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| 70 | 70 | | (1) forecloses on a possessory lien under this |
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| 71 | 71 | | section; |
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| 72 | 72 | | (2) purchases property pursuant to the foreclosure of |
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| 73 | 73 | | a possessory lien under this section; or |
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| 74 | 74 | | (3) applies for ownership of or title to property |
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| 75 | 75 | | purchased or sold at public sale under this chapter, including |
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| 76 | 76 | | through use of a licensed vehicle storage facility lien foreclosure |
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| 77 | 77 | | form or a similar form adopted by the Texas Department of Motor |
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| 78 | 78 | | Vehicles. |
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| 79 | 79 | | (j) Nothing in this section requires a vehicle storage |
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| 80 | 80 | | facility or towing company to create an inventory of or to preserve |
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| 81 | 81 | | the contents of any vehicle. |
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| 82 | 82 | | SECTION 2. The changes in law made by this Act apply only to |
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| 83 | 83 | | a vehicle accepted for storage by a vehicle storage facility on or |
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| 84 | 84 | | after the effective date of this Act. |
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| 85 | 85 | | SECTION 3. This Act takes effect September 1, 2023. |
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