Texas 2025 - 89th Regular

Texas Senate Bill SB2437 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R802 SHH-F
2	2	By: Parker S.B. No. 2437
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requirements for notice advertising the sale of
10	10	property to enforce a self-service storage facility lien.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 59.042(b) and (c), Property Code, are
13	13	amended to read as follows:
14	14	(b) If the tenant fails to satisfy the claim on or before the
15	15	14th day after the date the notice is delivered, the lessor must
16	16	publish or post notices advertising the sale or otherwise give
17	17	notice advertising the sale in a commercially reasonable manner as
18	18	provided by this subchapter.
19	19	(c) The [If notice is by publication, the] lessor may not
20	20	sell the property until:
21	21	(1) the 15th day after the date the notice advertising
22	22	the sale is first published, if the notice is by publication;
23	23	(2) [. If notice is by posting, the lessor may sell
24	24	the property after] the 10th day after the date the notices
25	25	advertising the sale are posted, if the notice is by posting; or
26	26	(3) the 10th day after the date the notice is given, if
27	27	the notice is given in a commercially reasonable manner.
28	28	SECTION 2. The heading to Section 59.044, Property Code, is
29	29	amended to read as follows:
30	30	Sec. 59.044. METHOD AND CONTENT OF NOTICE ADVERTISING [OF]
31	31	SALE.
32	32	SECTION 3. Section 59.044, Property Code, is amended by
33	33	amending Subsection (b) and adding Subsections (c) and (d) to read
34	34	as follows:
35	35	(b) The lessor must either:
36	36	(1) publish the notice advertising the sale:
37	37	(A) subject to Subsection (c), [once in each of
38	38	two consecutive weeks] in a newspaper of general circulation in the
39	39	county in which the self-service storage facility is located; or
40	40	(B) on a publicly accessible Internet website
41	41	that regularly advertises or conducts auctions of personal
42	42	property; or
43	43	(2) give notice advertising the sale in a commercially
44	44	reasonable manner.
45	45	(c) If there is not a newspaper of general circulation in
46	46	the county in which to publish notice advertising the sale under
47	47	Subsection (b)(1), the lessor may [instead] post a copy of the
48	48	notice at the self-service storage facility and at least five other
49	49	conspicuous locations near the facility.
50	50	(d) For purposes of this section, notice advertising a sale
51	51	is considered to be given in a commercially reasonable manner if at
52	52	least three independent bidders register for, view, or attend the
53	53	sale, regardless of whether the sale is conducted at the
54	54	self-service storage facility or a reasonably near public place or
55	55	through an Internet website accessible to the public.
56	56	SECTION 4. The changes in law made by this Act to Chapter
57	57	59, Property Code, apply only to a self-service storage facility
58	58	rental agreement entered into, extended, or renewed on or after the
59	59	effective date of this Act. A self-service storage facility rental
60	60	agreement entered into, extended, or renewed before the effective
61	61	date of this Act is governed by the law as it existed immediately
62	62	before the effective date of this Act, and the former law is
63	63	continued in effect for that purpose.
64	64	SECTION 5. This Act takes effect September 1, 2025.