| 1 | 1 | | 89R4729 AND-D |
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| 2 | 2 | | By: Thompson H.B. No. 3928 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to providing notice of a vehicle towed to a vehicle storage |
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| 10 | 10 | | facility by publication on a third-party Internet website. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 2303.152, Occupations Code, is amended |
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| 13 | 13 | | by amending Subsections (a) and (e) and adding Subsection (f) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (a) Notice to the registered owner and the primary |
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| 16 | 16 | | lienholder of a vehicle towed to a vehicle storage facility may be |
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| 17 | 17 | | provided by publication in a newspaper of general circulation in |
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| 18 | 18 | | the county in which the vehicle is stored or on a publicly available |
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| 19 | 19 | | Internet website maintained by a department-approved third party |
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| 20 | 20 | | if: |
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| 21 | 21 | | (1) the vehicle is registered in another state; |
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| 22 | 22 | | (2) the operator of the storage facility submits to |
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| 23 | 23 | | the governmental entity responsible for maintaining the motor |
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| 24 | 24 | | vehicle title and registration database for the state in which the |
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| 25 | 25 | | vehicle is registered a request for information relating to the |
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| 26 | 26 | | identity of the registered owner and any lienholder of record that |
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| 27 | 27 | | is either: |
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| 28 | 28 | | (A) written; or |
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| 29 | 29 | | (B) electronic, through the governmental |
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| 30 | 30 | | entity's secure access portal; |
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| 31 | 31 | | (3) the identity of the registered owner cannot be |
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| 32 | 32 | | determined; |
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| 33 | 33 | | (4) the registration does not contain an address for |
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| 34 | 34 | | the registered owner; or |
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| 35 | 35 | | (5) the operator of the storage facility cannot |
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| 36 | 36 | | reasonably determine the identity and address of each lienholder. |
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| 37 | 37 | | (e) Notice to the registered owner and the primary |
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| 38 | 38 | | lienholder of a vehicle towed to a vehicle storage facility may be |
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| 39 | 39 | | provided by publication in a newspaper of general circulation in |
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| 40 | 40 | | the county in which the vehicle is stored or on a publicly available |
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| 41 | 41 | | Internet website maintained by a department-approved third party |
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| 42 | 42 | | if: |
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| 43 | 43 | | (1) the vehicle does not display a license plate or a |
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| 44 | 44 | | vehicle inspection certificate indicating the state of |
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| 45 | 45 | | registration; |
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| 46 | 46 | | (2) the identity of the registered owner cannot |
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| 47 | 47 | | reasonably be determined by the operator of the storage facility; |
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| 48 | 48 | | or |
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| 49 | 49 | | (3) the operator of the storage facility cannot |
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| 50 | 50 | | reasonably determine the identity and address of each lienholder. |
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| 51 | 51 | | (f) The department shall include on the department's |
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| 52 | 52 | | Internet website a link to any Internet website maintained by a |
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| 53 | 53 | | department-approved third party where notice may be provided under |
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| 54 | 54 | | Subsection (a) or (e). |
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| 55 | 55 | | SECTION 2. This Act takes effect September 1, 2025. |
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