Texas 2025 - 89th Regular

Texas House Bill HB1093 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R802 SHH-F
2		-	By: Lambert, Darby, Metcalf H.B. No. 1093
	2	+	By: Lambert H.B. No. 1093
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5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to requirements for notice advertising the sale of
8	10		property to enforce a self-service storage facility lien.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Sections 59.042(b) and (c), Property Code, are
11	13		amended to read as follows:
12	14		(b) If the tenant fails to satisfy the claim on or before the
13	15		14th day after the date the notice is delivered, the lessor must
14	16		publish or post notices advertising the sale or otherwise give
15	17		notice advertising the sale in a commercially reasonable manner as
16	18		provided by this subchapter.
17	19		(c) The [If notice is by publication, the] lessor may not
18	20		sell the property until:
19	21		(1) the 15th day after the date the notice advertising
20	22		the sale is first published, if the notice is by publication;
21	23		(2) [. If notice is by posting, the lessor may sell
22	24		the property after] the 10th day after the date the notices
23	25		advertising the sale are posted, if the notice is by posting; or
24	26		(3) the 10th day after the date the notice is given, if
25	27		the notice is given in a commercially reasonable manner.
26	28		SECTION 2. The heading to Section 59.044, Property Code, is
27	29		amended to read as follows:
28	30		Sec. 59.044. METHOD AND CONTENT OF NOTICE ADVERTISING [OF]
29	31		SALE.
30	32		SECTION 3. Section 59.044, Property Code, is amended by
31	33		amending Subsection (b) and adding Subsections (c) and (d) to read
32	34		as follows:
33	35		(b) The lessor must either:
34	36		(1) publish the notice advertising the sale:
35	37		(A) subject to Subsection (c), [once in each of
36	38		two consecutive weeks] in a newspaper of general circulation in the
37	39		county in which the self-service storage facility is located; or
38	40		(B) on a publicly accessible Internet website
39	41		that regularly advertises or conducts auctions of personal
40	42		property; or
41	43		(2) give notice advertising the sale in a commercially
42	44		reasonable manner.
43	45		(c) If there is not a newspaper of general circulation in
44	46		the county in which to publish notice advertising the sale under
45	47		Subsection (b)(1), the lessor may [instead] post a copy of the
46	48		notice at the self-service storage facility and at least five other
47	49		conspicuous locations near the facility.
48	50		(d) For purposes of this section, notice advertising a sale
49	51		is considered to be given in a commercially reasonable manner if at
50	52		least three independent bidders register for, view, or attend the
51	53		sale, regardless of whether the sale is conducted at the
52	54		self-service storage facility or a reasonably near public place or
53	55		through an Internet website accessible to the public.
54	56		SECTION 4. The changes in law made by this Act to Chapter
55	57		59, Property Code, apply only to a self-service storage facility
56	58		rental agreement entered into, extended, or renewed on or after the
57	59		effective date of this Act. A self-service storage facility rental
58	60		agreement entered into, extended, or renewed before the effective
59	61		date of this Act is governed by the law as it existed immediately
60	62		before the effective date of this Act, and the former law is
61	63		continued in effect for that purpose.
62	64		SECTION 5. This Act takes effect September 1, 2025.