Texas House Bill HB1093

Texas 2025 - 89th Regular

• Filed: 11/12/24
• Out of House Committee: 4/1/25

Caption

Relating to requirements for notice advertising the sale of property to enforce a self-service storage facility lien.

Impact

The amendments proposed in HB 1093 intend to clarify the procedures for notifying tenants and the public about property sales resulting from unpaid storage fees. It mandates that lessors must use a method of notification that guarantees at least a minimal level of public visibility. This could potentially improve the legal standing of lessors and renters by eliminating ambiguity in existing notice procedures and thus ensuring more consistent enforcement of lien rights in the state.

Summary

House Bill 1093 seeks to amend the Texas Property Code concerning the requirements for notice when advertising the sale of property to enforce a self-service storage facility lien. The bill stipulates that if a tenant fails to satisfy a lien claim within a specified timeframe, the lessor must publish or post notice of the upcoming sale in a commercially reasonable manner. This aims to ensure transparency and fairness in the sale process while balancing the rights of the property owner and the tenant.

Sentiment

The sentiment around HB 1093 appears to be generally positive, particularly among stakeholders in the self-storage industry who support the streamlined and clarified processes for lien enforcement. However, there are voices of caution expressing concerns about ensuring that the measures put in place do not infringe upon tenants' rights or lead to hasty sales. Overall, there seems to be a collective recognition of the need for updated regulations in the evolving storage market.

Contention

One point of contention that could arise from HB 1093 relates to the definition of what constitutes a 'commercially reasonable' manner of notice. Different interpretations may lead to disputes between lessors and tenants regarding the sufficiency of the notice provided prior to the sale. The bill also specifies that these changes apply to new rental agreements made after its effective date, which may create a transitional challenge for existing agreements and further commentary around potential retroactive impacts.

Texas Constitutional Statutes Affected

Property Code

• Chapter 59. Self-service Storage Facility Liens
  • Section: 042
  • Section: 044
  • Section: 042
  • Section: 044
  • Section: 042
  • Section: 044