Bill Text: TX HB2379 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the towing of certain property from a self-service storage facility for disposition by a vehicle storage facility.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-05-08 - Laid on the table subject to call [HB2379 Detail]
Download: Texas-2021-HB2379-Introduced.html
| 87R7265 BEE-F | ||
| By: Metcalf | H.B. No. 2379 | |
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| relating to the towing of certain property from a self-service | ||
| storage facility for disposition by a vehicle storage facility. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 59.001, Property Code, is amended by | ||
| adding Subdivision (4-a) to read as follows: | ||
| (4-a) "Vehicle storage facility" has the meaning | ||
| assigned by Section 2303.002, Occupations Code. | ||
| SECTION 2. Section 59.043(a), Property Code, is amended to | ||
| read as follows: | ||
| (a) The lessor's notice to the tenant of the claim must | ||
| contain: | ||
| (1) an itemized account of the claim; | ||
| (2) the name, address, and telephone number of the | ||
| lessor or the lessor's agent; | ||
| (3) a statement that the contents of the self-service | ||
| storage facility have been seized under the contractual landlord's | ||
| lien; | ||
| (4) a statement that if the tenant fails to satisfy the | ||
| claim on or before the 14th day after the date the notice is | ||
| delivered, the property may be, as applicable: | ||
| (A) sold at public auction under this subchapter; | ||
| or | ||
| (B) towed to a vehicle storage facility and | ||
| disposed of by the vehicle storage facility under Subchapter D, | ||
| Chapter 2303, Occupations Code; and | ||
| (5) a statement underlined or printed in conspicuous | ||
| bold print requesting a tenant who is in military service to notify | ||
| the lessor of the status of the tenant's current military service | ||
| immediately. | ||
| SECTION 3. Chapter 59, Property Code, is amended by adding | ||
| Subchapter D to read as follows: | ||
| SUBCHAPTER D. TOWING OF CERTAIN PROPERTY TO VEHICLE STORAGE | ||
| FACILITY | ||
| Sec. 59.051. APPLICABILITY. This subchapter applies only | ||
| to property that is: | ||
| (1) a motor vehicle, trailer, or semitrailer for which | ||
| a title or registration is required under Chapter 501 or 502, | ||
| Transportation Code; | ||
| (2) a motorboat, vessel, or outboard motor for which a | ||
| certificate of title is required under Subchapter B, Chapter 31, | ||
| Parks and Wildlife Code; or | ||
| (3) a motor vehicle, trailer, semitrailer, motorboat, | ||
| vessel, or outboard motor registered or titled outside this state. | ||
| Sec. 59.052. TRANSFER OF CERTAIN PROPERTY TO VEHICLE | ||
| STORAGE FACILITY. Notwithstanding Subchapter C, a lessor who takes | ||
| possession of property to which this subchapter applies to enforce | ||
| a lien under this chapter may transfer possession of the property | ||
| and have the property towed to a vehicle storage facility for | ||
| disposition by the vehicle storage facility under Subchapter D, | ||
| Chapter 2303, Occupations Code, if: | ||
| (1) the transfer of possession and towing is | ||
| authorized under a written rental agreement between the lessor and | ||
| tenant; | ||
| (2) the lessor gives written notice of the lessor's | ||
| claim to the tenant as required under Section 59.042(a) in the | ||
| manner prescribed by Section 59.043; | ||
| (3) the tenant fails to satisfy the claim on or before | ||
| the 14th day after the date the notice required under Section | ||
| 59.042(a) is delivered in the manner prescribed by Section 59.043; | ||
| and | ||
| (4) the vehicle storage facility agrees in writing to | ||
| accept possession of the property. | ||
| Sec. 59.053. LIEN EXTINGUISHED. A lessor's lien on | ||
| property towed to a vehicle storage facility under Section 59.052 | ||
| is extinguished when the property is towed from the self-service | ||
| storage facility. | ||
| Sec. 59.054. OTHER RIGHTS AND REMEDIES NOT AFFECTED. | ||
| Except as provided by Section 59.053, this subchapter does not | ||
| affect any right or remedy of the lessor at law or in equity. | ||
| Sec. 59.055. LESSOR'S LIABILITY FOR PROPERTY. A lessor is | ||
| not liable to a tenant for any damage to property that the lessor | ||
| has towed under Section 59.052 that occurs during the tow or after | ||
| the property is towed from the self-service storage facility. | ||
| SECTION 4. Chapter 2303, Occupations Code, is amended by | ||
| adding Subchapter E to read as follows: | ||
| SUBCHAPTER E. ACCEPTANCE AND DISPOSITION OF CERTAIN PROPERTY FROM | ||
| SELF-SERVICE STORAGE FACILITY | ||
| Sec. 2303.201. DEFINITIONS. In this subchapter, "lessor" | ||
| and "self-service storage facility" have the meanings assigned by | ||
| Section 59.001, Property Code. | ||
| Sec. 2303.202. APPLICABILITY. This subchapter applies only | ||
| to property described by Section 59.051, Property Code. | ||
| Sec. 2303.203. ACCEPTANCE OF PROPERTY. A vehicle storage | ||
| facility shall accept property from a lessor who has transferred | ||
| possession of the property from a self-service storage facility to | ||
| the vehicle storage facility under Section 59.052, Property Code. | ||
| Sec. 2303.204. DISPOSITION OF PROPERTY. A vehicle storage | ||
| facility that accepts property under Section 2303.203 may dispose | ||
| of the property in the manner provided by Subchapter D for a vehicle | ||
| received by a facility as described by Section 2303.151. | ||
| SECTION 5. This Act takes effect September 1, 2021. | ||
