Bill Text: TX HB3109 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to provision of notice by a vehicle storage facility through a Texas Department of Motor Vehicles electronic system; authorizing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Withdrawn from schedule [HB3109 Detail]
Download: Texas-2023-HB3109-Introduced.html
88R7432 DRS-F | ||
By: Hernandez | H.B. No. 3109 |
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relating to provision of notice by a vehicle storage facility | ||
through a Texas Department of Motor Vehicles electronic system; | ||
authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2303.151, Occupations Code, is amended | ||
by amending Subsections (d), (e), and (g) and adding Subsection (h) | ||
to read as follows: | ||
(d) Except as provided by Subsection (h), a [ |
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this section must: | ||
(1) be correctly addressed; | ||
(2) carry sufficient postage; and | ||
(3) be sent by certified mail, return receipt | ||
requested or electronic certified mail. | ||
(e) A notice under this section is considered to have been | ||
given on the date indicated on the postmark and to be timely filed | ||
if: | ||
(1) the postmark indicates that the notice was mailed | ||
within the period described by Subsection (a) or (b), as | ||
applicable; [ |
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(2) the notice was published as provided by Section | ||
2303.152; or | ||
(3) the notice was sent by a Texas Department of Motor | ||
Vehicles electronic system as provided by Subsection (h). | ||
(g) Notwithstanding any other law, a state agency or county | ||
office may not require proof of delivery of a notice sent under this | ||
section in order to issue a title for the vehicle that is the | ||
subject of the notice if proof is provided that the notice was sent | ||
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(h) If the Texas Department of Motor Vehicles provides an | ||
electronic system to send notice, the operator of a vehicle storage | ||
facility may use that electronic system to send the notice required | ||
by this section. If the electronic system is unable to send notice | ||
to the registered owner or primary lienholder of a vehicle as | ||
required under this section, the operator of the vehicle storage | ||
facility holding the vehicle shall send written notice as provided | ||
under Subsection (a) or Section 2303.152. The Texas Department of | ||
Motor Vehicles may charge a fee to send notice through an electronic | ||
system under this section. | ||
SECTION 2. Section 2303.153(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A notice [ |
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include: | ||
(1) the date the vehicle was accepted for storage; | ||
(2) the first day for which a storage fee is assessed; | ||
(3) the daily storage rate; | ||
(4) the type and amount of any other charge to be paid | ||
when the vehicle is claimed; | ||
(5) the full name, street address, and telephone | ||
number of the vehicle storage facility; | ||
(6) the hours during which the owner may claim the | ||
vehicle; and | ||
(7) the facility license number preceded by "Texas | ||
Department of Licensing and Regulation Vehicle Storage Facility | ||
License Number" or "TDLR VSF Lic. No." | ||
SECTION 3. Section 2303.154, Occupations Code, is amended | ||
by amending Subsections (a), (d), and (f) and adding Subsection | ||
(e-1) to read as follows: | ||
(a) If a vehicle is not claimed by a person permitted to | ||
claim the vehicle before the 10th day after the date notice is sent | ||
[ |
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operator of the vehicle storage facility shall consider the vehicle | ||
to be abandoned and, if required by the law enforcement agency with | ||
jurisdiction where the vehicle is located, report the abandonment | ||
to the law enforcement agency. If the law enforcement agency | ||
notifies the vehicle storage facility that the agency will send | ||
notices and dispose of the abandoned vehicle under Subchapter B, | ||
Chapter 683, Transportation Code, the vehicle storage facility | ||
shall pay the fee required under Section 683.031, Transportation | ||
Code. | ||
(d) Not earlier than the 15th day and before the 21st day | ||
after the date notice is sent [ |
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2303.151 or 2303.152, the operator of a vehicle storage facility | ||
shall send a second notice to the registered owner and each recorded | ||
lienholder of the vehicle if the facility: | ||
(1) was not required to make a report under Subsection | ||
(a); or | ||
(2) has made a required report under Subsection (a) | ||
and the law enforcement agency: | ||
(A) has notified the facility that the law | ||
enforcement agency will not take custody of the vehicle; | ||
(B) has not taken custody of the vehicle; or | ||
(C) has not responded to the report. | ||
(e-1) If the notice required by Section 2303.151 was sent by | ||
a Texas Department of Motor Vehicles electronic system described by | ||
Section 2303.151(h), the notice required under this section may be | ||
sent by that electronic system. | ||
(f) Notwithstanding any other law, a state agency or county | ||
office may not require proof of delivery of a notice sent under this | ||
section in order to issue a title for the vehicle that is the | ||
subject of the notice if proof is provided that the notice was sent | ||
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SECTION 4. Section 2303.1545(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A vehicle storage facility that holds an abandoned | ||
nuisance vehicle is not required to send or publish a second notice | ||
and is entitled to dispose of the vehicle on the 30th day after the | ||
date the notice is sent [ |
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2303.151 or 2303.152. | ||
SECTION 5. Section 2303.155(e), Occupations Code, is | ||
amended to read as follows: | ||
(e) The operator of a vehicle storage facility or | ||
governmental vehicle storage facility may charge a daily storage | ||
fee under Subsection (b): | ||
(1) for not more than five days before the date notice | ||
is sent [ |
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is registered in this state; | ||
(2) for not more than five days before the date the | ||
request for owner information is sent to the appropriate | ||
governmental entity as required by this subchapter, if the vehicle | ||
is registered in another state; and | ||
(3) for each day the vehicle is in storage after the | ||
date the notice is sent [ |
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removed and all accrued charges are paid. | ||
SECTION 6. Section 2303.157(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The operator of a vehicle storage facility may dispose | ||
of a vehicle for which notice is given under Section 2303.154 if, | ||
before the 30th day after the date notice is sent [ |
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vehicle is not: | ||
(1) claimed by a person entitled to claim the vehicle; | ||
or | ||
(2) taken into custody by a law enforcement agency | ||
under Chapter 683, Transportation Code. | ||
SECTION 7. Section 2303.157(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) An operator entitled to dispose of a vehicle under this | ||
section may sell the vehicle at a public sale without obtaining a | ||
release or discharge of any lien on the vehicle, regardless of | ||
whether notice was provided by mail, [ |
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Texas Department of Motor Vehicles electronic system under this | ||
chapter. The proceeds from the sale of the vehicle shall be | ||
applied to the charges incurred for the vehicle under Section | ||
2303.155. The operator shall pay any excess proceeds to the person | ||
entitled to those proceeds. | ||
SECTION 8. This Act takes effect September 1, 2024. |