Bill Text: TX HB1247 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to notice provided to vehicle owners and lienholders by operators of vehicle storage facilities.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective immediately [HB1247 Detail]
Download: Texas-2017-HB1247-Enrolled.html
H.B. No. 1247 |
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relating to notice provided to vehicle owners and lienholders by | ||
operators of vehicle storage facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2303.151, Occupations Code, is amended | ||
by adding Subsections (b-1) and (b-2) to read as follows: | ||
(b-1) The operator of a vehicle storage facility shall send | ||
a written notice required under Subsection (b) to an address | ||
obtained, by mail or electronically, either: | ||
(1) directly from the governmental entity responsible | ||
for maintaining the motor vehicle title and registration database | ||
for the state in which the vehicle is registered; or | ||
(2) from a private entity authorized by that | ||
governmental entity to obtain title, registration, and lienholder | ||
information using a single vehicle identification number inquiry | ||
submitted through a secure access portal to the governmental | ||
entity's motor vehicle records. | ||
(b-2) An address obtained electronically from a | ||
governmental entity under Subsection (b-1)(1) must be obtained | ||
through the governmental entity's secure access portal. | ||
SECTION 2. Section 2303.152, Occupations Code, is amended | ||
by amending Subsections (a) and (b) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) Notice to the registered owner and the primary | ||
lienholder of a vehicle towed to a vehicle storage facility may be | ||
provided by publication in a newspaper of general circulation in | ||
the county in which the vehicle is stored if: | ||
(1) the vehicle is registered in another state; | ||
(2) the operator of the storage facility submits to | ||
the governmental entity responsible for maintaining the motor | ||
vehicle title and registration database for the state in which the | ||
vehicle is registered [ |
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registered owner and any lienholder of record that is either: | ||
(A) written; or | ||
(B) electronic, through the governmental | ||
entity's secure access portal; | ||
(3) the identity of the registered owner cannot be | ||
determined; | ||
(4) the registration does not contain an address for | ||
the registered owner; or | ||
(5) the operator of the storage facility cannot | ||
reasonably determine the identity and address of each lienholder. | ||
(b) A [ |
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must: | ||
(1) be correctly addressed; | ||
(2) carry sufficient postage; and | ||
(3) be sent by certified mail, return receipt | ||
requested, or electronic certified mail. | ||
(b-1) An electronic request under Subsection (a)(2)(B) must | ||
be submitted either: | ||
(1) directly to the governmental entity through the | ||
governmental entity's secure access portal; or | ||
(2) to a private entity authorized by the governmental | ||
entity to obtain title, registration, and lienholder information | ||
using a single vehicle identification number inquiry submitted | ||
through a secure access portal to the governmental entity's motor | ||
vehicle records. | ||
SECTION 3. Subchapter D, Chapter 2303, Occupations Code, is | ||
amended by adding Section 2303.1521 to read as follows: | ||
Sec. 2303.1521. CERTAIN VEHICLES WITH STATE OF REGISTRATION | ||
UNKNOWN. (a) An operator of a vehicle storage facility who | ||
receives a motor vehicle as defined by Section 501.002(17)(A), | ||
Transportation Code, and does not know the state in which the | ||
vehicle is registered may give notice by publication under Section | ||
2303.152 only if the operator: | ||
(1) obtains, using the motor vehicle's vehicle | ||
identification number, by mail or electronically, a report from the | ||
National Motor Vehicle Title Information System operated by the | ||
United States Department of Justice, or a successor system, showing | ||
the state in which the motor vehicle is titled; and | ||
(2) either: | ||
(A) is unable to determine from the report the | ||
governmental entity that is responsible for maintaining the | ||
registration information for the motor vehicle; or | ||
(B) attempts to and is unable to obtain, from the | ||
governmental entity indicated in the report, the identity and | ||
address of any registered owner and any lienholder. | ||
(b) An operator who attempts to obtain owner and lienholder | ||
information under Subsection (a)(2) must attempt to obtain the | ||
information, by mail or electronically, either: | ||
(1) directly from the governmental entity; or | ||
(2) from a private entity authorized by the | ||
governmental entity to obtain title, registration, and lienholder | ||
information using a single vehicle identification number inquiry | ||
submitted through a secure access portal to the governmental | ||
entity's motor vehicle records. | ||
(c) An address obtained electronically from a governmental | ||
entity under Subsection (b)(1) must be obtained through the | ||
governmental entity's secure access portal. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1247 was passed by the House on April | ||
20, 2017, by the following vote: Yeas 143, Nays 1, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1247 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |