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A BILL TO BE ENTITLED
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AN ACT
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relating to a vehicle storage facility operator's possessory lien |
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on a vehicle and the vehicle's cargo, contents, and other personal |
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property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 2303, Occupations Code, is |
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amended by adding Section 2303.162 to read as follows: |
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Sec. 2303.162. POSSESSORY LIEN. (a) In this section: |
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(1) "Cargo" means goods, as defined by Section 7.102, |
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Business & Commerce Code, that constitute, wholly or partly, a |
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commercial shipment of freight moving in commerce. A shipment is |
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considered to be moving in commerce if the shipment is located at |
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any point between the point of origin and the final point of |
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destination regardless of any temporary stop that is made for the |
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purpose of transshipment or otherwise. |
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(2) "Personal property" includes personal property as |
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defined by Section 545.3051, Transportation Code. |
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(3) "Vehicle" includes a trailer: |
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(A) attached to the vehicle; or |
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(B) towed and stored in conjunction with the |
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vehicle. |
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(b) A vehicle storage facility operator has a first priority |
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possessory lien on a vehicle stored or parked at the facility for |
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all reasonable towing, recovery, and storage charges for which the |
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owner, operator, or carrier of the vehicle is liable, including for |
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all fees established by law or department rule. |
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(c) Except as provided by Subsection (d), in addition to the |
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vehicle described by Subsection (b), a possessory lien under this |
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section attaches to: |
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(1) the vehicle's contents; and |
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(2) the contents of or personal property carried by a |
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trailer described by Subsection (a)(3), including cargo or a |
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vehicle or boat. |
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(d) A lien under this section does not attach to a vehicle |
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owner's or operator's personal belongings that are designated by |
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commission rule as exempt from attachment under this section. |
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(e) On request of the vehicle's owner or operator, or the |
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owner's or operator's authorized representative, a vehicle storage |
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facility operator shall release without charge the personal |
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belongings described by Subsection (d). If the release of personal |
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belongings described by Subsection (d) is not requested by a person |
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qualified to make the request as provided by this subsection, the |
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belongings are considered to be part of a vehicle for purposes of a |
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waiver under Section 2303.154(b)(3)(A) or (c)(2)(A). |
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(f) A lien under this section attaches in preference to any |
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prior lien. |
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(g) A vehicle storage facility operator may perfect a lien |
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under this section by: |
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(1) maintaining possession of: |
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(A) the vehicle; |
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(B) the vehicle's contents; or |
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(C) the contents of or personal property carried |
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by a trailer described by Subsection (a)(3), including cargo or a |
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vehicle or boat; or |
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(2) sending the written notices to the registered |
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owner and lienholder of the vehicle as required by this chapter. |
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(h) A vehicle storage facility or a towing company, as |
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defined by Section 2308.002, that complies with this section is not |
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liable for a claim of conversion or civil theft in relation to |
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maintaining possession of a vehicle or a vehicle's contents |
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pursuant to a possessory lien under this section. |
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(i) A person is not liable for a claim of conversion or civil |
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theft in relation to a vehicle or the contents of the vehicle or |
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related personal property if the person: |
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(1) forecloses on a possessory lien under this |
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section; |
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(2) purchases property pursuant to the foreclosure of |
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a possessory lien under this section; or |
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(3) applies for ownership of or title to property |
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purchased or sold at public sale under this chapter, including |
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through use of a licensed vehicle storage facility lien foreclosure |
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form or a similar form adopted by the Texas Department of Motor |
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Vehicles. |
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(j) Nothing in this section requires a vehicle storage |
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facility or towing company to create an inventory of or to preserve |
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the contents of any vehicle. |
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SECTION 2. The changes in law made by this Act apply only to |
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a vehicle accepted for storage by a vehicle storage facility on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |