Texas House Bill HB3148

Texas 2023 - 88th Regular

• Filed: 3/1/23

Caption

Relating to a vehicle storage facility operator's possessory lien on a vehicle and the vehicle's cargo, contents, and other personal property.

Impact

If enacted, HB 3148 would significantly alter how vehicle storage facilities interact with abandoned vehicles and their contents. The bill establishes a first priority possessory lien on both the vehicle and its contents, ensuring that storage operators can reclaim unpaid charges. This move not only provides legal backing for operators but also protects them from claims of conversion or civil theft when they hold onto a vehicle's contents under these circumstances. The changes are set to apply to all vehicles accepted for storage on or after the effective date of September 1, 2023.

Summary

House Bill 3148, presented by Representative Gomez, seeks to amend the Texas Vehicle Storage Act by clarifying the possessory lien that vehicle storage facility operators have over not only vehicles but also their contents and other personal property. The bill aims to address the current gap in the legislation regarding how abandoned cargo is handled in towing operations. This is particularly important as towing companies and storage facilities often face challenges with how to properly dispose of or manage cargo that is left behind after vehicles are towed. By streamlining this process, the bill intends to reduce confusion and improve operational efficiency for these businesses.

Sentiment

The discussions surrounding HB 3148 reflected a mix of support and contention. Proponents, including representatives from the towing industry like Gary Hoffman, endorsed the bill as a necessary measure to fill existing gaps in the law and to safeguard the interests of vehicle storage operators. They emphasized the need for clearer guidelines in the management of abandoned property. Conversely, some opposition emerged from groups like the Texas Storage Association, where Kenneth Olmer expressed concerns about the implications of the bill for storage operations and the risks of overreach in lien claims.

Contention

The notable points of contention revolve around the potential implications for vehicle owners and operators. Critics raised alarms about whether the bill might infringe on the rights of individuals whose personal belongings could be subject to lien. Although the bill includes provisions for exempting certain personal items, there are lingering uncertainties regarding its practical application and enforcement. This highlighted the ongoing debate between the need for regulatory clarity in the towing industry and the protection of consumer rights.

Texas Constitutional Statutes Affected

Occupations Code

• Chapter 2303. Vehicle Storage Facilities
  • Section: New Section