Bill Text: TX HB2076 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to notice requirements and other procedures relating to the possession or sale of a motor vehicle, motorboat, vessel, or outboard motor by a possessory lienholder.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2015-06-19 - See remarks for effective date [HB2076 Detail]
Download: Texas-2015-HB2076-Enrolled.html
H.B. No. 2076 |
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relating to notice requirements and other procedures relating to | ||
the possession or sale of a motor vehicle, motorboat, vessel, or | ||
outboard motor by a possessory lienholder. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 70.001, Property Code, is amended by | ||
adding Subsections (b-1) and (b-2) to read as follows: | ||
(b-1) Except as provided by Subsection (b), a lien provided | ||
by this section on a motor vehicle, motorboat, vessel, or outboard | ||
motor is released when a worker: | ||
(1) receives good and sufficient payment of the | ||
amounts due under Subsection (a) and, if applicable, Subsection | ||
(d); or | ||
(2) relinquishes possession of the motor vehicle, | ||
motorboat, vessel, or outboard motor. | ||
(b-2) A worker's right to possession under this section may | ||
not be assigned to a third party in return for payment of any amount | ||
due under Subsection (a) or (d). | ||
SECTION 2. Effective September 1, 2015, Sections 70.006(e), | ||
(f), (g), and (h), Property Code, are amended to read as follows: | ||
(e) After notice is given under this section to the owner of | ||
or the holder of a lien on the motor vehicle, motorboat, vessel, or | ||
outboard motor, the owner or holder of the lien may obtain | ||
possession of the motor vehicle, motorboat, vessel, or outboard | ||
motor by paying all charges due to the holder of a lien under this | ||
subchapter before the 31st day after the date a copy of the notice | ||
is filed with the county tax assessor-collector's office [ |
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(f) If the charges are not paid before the 31st day after the | ||
date that a copy of the notice required by Subsection (a) is filed | ||
with the county tax assessor-collector's office [ |
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sell the motor vehicle, motorboat, vessel, or outboard motor at a | ||
public sale and apply the proceeds to the charges. The lienholder | ||
shall pay excess proceeds to the person entitled to them. The public | ||
sale may not take place before the 31st day after the date a copy of | ||
the notice is filed with the county tax assessor-collector's | ||
office. | ||
(g) After providing notice in accordance with this section, | ||
a holder of a possessory lien on a motor vehicle under Section | ||
70.001, other than a person licensed as a franchised dealer under | ||
Chapter 2301, Occupations Code, shall, on request, [ |
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lienholder of record to inspect or arrange an inspection of the | ||
motor vehicle by a qualified professional to verify that the | ||
repairs were made. The inspection must be completed before the date | ||
of the public sale authorized by Subsection (f). | ||
(h) Not later than the 15th business day after the date the | ||
county tax assessor-collector receives notice under this section, | ||
the county tax assessor-collector shall provide a copy of the | ||
notice that indicates the date the notice was filed with the county | ||
tax assessor-collector to the owner of the motor vehicle and each | ||
holder of a lien recorded on the certificate of title of the motor | ||
vehicle. Except as provided by this subsection, the county tax | ||
assessor-collector shall provide the notice required by this | ||
section in the same manner as a holder of a lien is required to | ||
provide a notice under this section, except that the county tax | ||
assessor-collector is not required to use certified mail. Notice | ||
under this section is required regardless of the date on which the | ||
charges on which the possessory lien is based accrued. | ||
SECTION 3. (a) Sections 70.006(e), (f), and (h), Property | ||
Code, as amended by this Act, apply only to a notice required under | ||
Section 70.006(a), Property Code, provided on or after September 1, | ||
2015. A notice provided before September 1, 2015, is governed by the | ||
law as it existed immediately before September 1, 2015, and that law | ||
is continued in effect for that purpose. | ||
(b) Section 70.006(g), Property Code, as amended by this | ||
Act, applies only to a sale of a motor vehicle, motorboat, vessel, | ||
or outboard motor for which the notice required under Section | ||
70.006(a), Property Code, is provided on or after September 1, | ||
2015. A sale for which the notice required under Section 70.006(a), | ||
Property Code, is provided before September 1, 2015, is governed by | ||
the law as it existed immediately before September 1, 2015, and that | ||
law is continued in effect for that purpose. | ||
SECTION 4. Except as otherwise provided by this Act, 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, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2076 was passed by the House on May | ||
12, 2015, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2076 on May 29, 2015, by the following vote: Yeas 141, Nays 1, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2076 was passed by the Senate, with | ||
amendments, on May 27, 2015, by the following vote: Yeas 30, Nays | ||
1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |