Bill Text: TX HB3131 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to abandoned vehicles held by vehicle storage facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-04 - Committee report sent to Calendars [HB3131 Detail]
Download: Texas-2015-HB3131-Comm_Sub.html
84R23747 NC-D | |||
By: Thompson of Harris | H.B. No. 3131 | ||
Substitute the following for H.B. No. 3131: | |||
By: Smith | C.S.H.B. No. 3131 |
|
||
|
||
relating to abandoned vehicles held by vehicle storage facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 2303, Occupations Code, is | ||
amended by adding Section 2303.004 to read as follows: | ||
Sec. 2303.004. CONFLICT WITH OTHER LAW. To the extent of | ||
any conflict between this chapter and Chapter 683, Transportation | ||
Code, this chapter controls. | ||
SECTION 2. Sections 2303.154(a), (a-1), and (b), | ||
Occupations Code, are amended to read as follows: | ||
(a) [ |
||
|
||
|
||
|
||
|
||
|
||
|
||
[ |
||
claim the vehicle before the 10th day after the date notice is | ||
mailed or published under Section 2303.151 or 2303.152, the | ||
operator of the vehicle storage facility shall consider the vehicle | ||
to be abandoned, report the [ |
||
certified mail or electronic certified mail to a law enforcement | ||
agency with jurisdiction where the vehicle is located, and pay the | ||
fee required by Section 683.031(c), Transportation Code. The law | ||
enforcement agency may take custody of and dispose of the vehicle as | ||
provided by [ |
||
(b) On or after the 15th day after the date notice is mailed | ||
or published under Section 2303.151 or 2303.152, the operator of a | ||
vehicle storage facility shall send a second notice to the | ||
registered owner and the primary lienholder of the vehicle if the | ||
facility has been notified that the law enforcement agency will not | ||
take custody of the vehicle or the law enforcement agency has not | ||
taken custody of the vehicle or has not responded to the report sent | ||
under Subsection (a). Notice under this subsection [ |
||
be sent by certified mail or electronic certified mail and include: | ||
(1) the information listed in Section 2303.153(a); | ||
(2) a statement of the right of the facility to dispose | ||
of the vehicle under Section 2303.157; and | ||
(3) a statement that the failure of the owner or | ||
lienholder to claim the vehicle before the 30th day after the date | ||
the notice is provided is: | ||
(A) a waiver by that person of all right, title, | ||
or interest in the vehicle; and | ||
(B) a consent to the sale of the vehicle at a | ||
public sale. | ||
SECTION 3. Section 2303.157, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2303.157. DISPOSAL OF CERTAIN ABANDONED VEHICLES. (a) | ||
The operator of a vehicle storage facility may dispose of a vehicle | ||
for which the second notice is given under Section 2303.154(b) or | ||
(c) [ |
||
is mailed or published, the 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. | ||
(a-1) If the vehicle is not claimed by a person entitled to | ||
claim the vehicle within the period described by Subsection (a), | ||
the owner or primary lienholder: | ||
(1) waives all rights and interests in the vehicle; | ||
and | ||
(2) consents to the sale of the vehicle at a public | ||
sale. | ||
(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 or by publication under this | ||
chapter. [ |
||
|
||
|
||
|
||
(b-1) The purchaser of an abandoned vehicle: | ||
(1) takes title free and clear of all liens and claims | ||
of ownership; | ||
(2) shall receive a sales receipt from the vehicle | ||
storage facility; and | ||
(3) is entitled to register the vehicle and receive a | ||
certificate of title from the appropriate authority. | ||
(b-2) A vehicle storage facility is entitled to | ||
reimbursement from the proceeds of the public sale of an abandoned | ||
vehicle for: | ||
(1) the cost of the public sale; and | ||
(2) charges incurred for the towing of the vehicle and | ||
for storage of the vehicle as provided by Section 2303.155. | ||
(b-3) After deducting the reimbursement allowed under this | ||
section, the operator of the vehicle storage facility shall hold | ||
the proceeds of the sale until the 90th day after the date of the | ||
sale for the owner or lienholder of the vehicle. | ||
(c) Notwithstanding Subsection (a), the operator of a | ||
vehicle storage facility may dispose of a vehicle for which notice | ||
was given under this subchapter as provided by this section if: | ||
(1) the vehicle is an abandoned nuisance vehicle; and | ||
(2) before the 30th day after the date the notice was | ||
sent, the operator [ |
||
Department of Motor Vehicles [ |
||
vehicle. | ||
(d) This subsection applies only to a vehicle received by a | ||
vehicle storage facility before September 1, 2015. Notwithstanding | ||
any other law, if an unclaimed abandoned vehicle is not claimed by a | ||
person who is entitled to claim the vehicle on or before the 120th | ||
day after the date the facility mailed or published the second | ||
notice to the registered owner and primary lienholder of the | ||
vehicle as required by Section 2303.154(a) before September 1, | ||
2015, the facility may submit an application to the Texas | ||
Department of Motor Vehicles to dispose of the vehicle. The | ||
facility may dispose of the vehicle if the Texas Department of Motor | ||
Vehicles approves the application. This subsection expires | ||
September 1, 2016. | ||
SECTION 4. Section 683.001(2), Transportation Code, is | ||
amended to read as follows: | ||
(2) "Garagekeeper" means an owner or operator of a | ||
storage facility or a vehicle storage facility. | ||
SECTION 5. Section 683.003, Transportation Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) To the extent of any conflict between this chapter and | ||
Subchapter D, Chapter 2303, Occupations Code, that subchapter | ||
controls for a vehicle stored in a vehicle storage facility. | ||
SECTION 6. (a) Except as provided by Subsection (b) of this | ||
section, the changes in law made by this Act apply only to a vehicle | ||
received in storage on or after the effective date of this Act. A | ||
vehicle received in storage, other than a vehicle to which Section | ||
2303.157(d), Occupations Code, as added by this Act, applies, | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the vehicle was received in storage, and the | ||
former law is continued in effect for that purpose. | ||
(b) Section 2303.157(d), Occupations Code, as added by this | ||
Act, applies only to a vehicle received by a vehicle storage | ||
facility before September 1, 2015. | ||
SECTION 7. This Act takes effect September 1, 2015. |