88R242 BEE-F
By: Gamez H.B. No. 3148
A BILL TO BE ENTITLED
AN ACT
relating to a vehicle storage facility operator's possessory lien
on a vehicle and the vehicle's cargo, contents, and other personal
property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 2303, Occupations Code, is
amended by adding Section 2303.162 to read as follows:
Sec. 2303.162. POSSESSORY LIEN. (a) In this section:
(1) "Cargo" means goods, as defined by Section 7.102,
Business & Commerce Code, that constitute, wholly or partly, a
commercial shipment of freight moving in commerce. A shipment is
considered to be moving in commerce if the shipment is located at
any point between the point of origin and the final point of
destination regardless of any temporary stop that is made for the
purpose of transshipment or otherwise.
(2) "Personal property" includes personal property as
defined by Section 545.3051, Transportation Code.
(3) "Vehicle" includes a trailer:
(A) attached to the vehicle; or
(B) towed and stored in conjunction with the
vehicle.
(b) A vehicle storage facility operator has a first priority
possessory lien on a vehicle stored or parked at the facility for
all reasonable towing, recovery, and storage charges for which the
owner, operator, or carrier of the vehicle is liable, including for
all fees established by law or department rule.
(c) Except as provided by Subsection (d), in addition to the
vehicle described by Subsection (b), a possessory lien under this
section attaches to:
(1) the vehicle's contents; and
(2) the contents of or personal property carried by a
trailer described by Subsection (a)(3), including cargo or a
vehicle or boat.
(d) A lien under this section does not attach to a vehicle
owner's or operator's personal belongings that are designated by
commission rule as exempt from attachment under this section.
(e) On request of the vehicle's owner or operator, or the
owner's or operator's authorized representative, a vehicle storage
facility operator shall release without charge the personal
belongings described by Subsection (d). If the release of personal
belongings described by Subsection (d) is not requested by a person
qualified to make the request as provided by this subsection, the
belongings are considered to be part of a vehicle for purposes of a
waiver under Section 2303.154(b)(3)(A) or (c)(2)(A).
(f) A lien under this section attaches in preference to any
prior lien.
(g) A vehicle storage facility operator may perfect a lien
under this section by:
(1) maintaining possession of:
(A) the vehicle;
(B) the vehicle's contents; or
(C) the contents of or personal property carried
by a trailer described by Subsection (a)(3), including cargo or a
vehicle or boat; or
(2) sending the written notices to the registered
owner and lienholder of the vehicle as required by this chapter.
(h) A vehicle storage facility or a towing company, as
defined by Section 2308.002, that complies with this section is not
liable for a claim of conversion or civil theft in relation to
maintaining possession of a vehicle or a vehicle's contents
pursuant to a possessory lien under this section.
(i) A person is not liable for a claim of conversion or civil
theft in relation to a vehicle or the contents of the vehicle or
related personal property if the person:
(1) forecloses on a possessory lien under this
section;
(2) purchases property pursuant to the foreclosure of
a possessory lien under this section; or
(3) applies for ownership of or title to property
purchased or sold at public sale under this chapter, including
through use of a licensed vehicle storage facility lien foreclosure
form or a similar form adopted by the Texas Department of Motor
Vehicles.
(j) Nothing in this section requires a vehicle storage
facility or towing company to create an inventory of or to preserve
the contents of any vehicle.
SECTION 2. The changes in law made by this Act apply only to
a vehicle accepted for storage by a vehicle storage facility on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2023.