Bill Text: TX HB4262 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to liens on aircraft for certain charges.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2019-05-16 - Left pending in committee [HB4262 Detail]
Download: Texas-2019-HB4262-Introduced.html
Bill Title: Relating to liens on aircraft for certain charges.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2019-05-16 - Left pending in committee [HB4262 Detail]
Download: Texas-2019-HB4262-Introduced.html
By: Darby | H.B. No. 4262 |
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relating to aircraft liens | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 70.301, Property Code, is amended to | ||
read as follows: | ||
Sec. 70.301. LIEN. | ||
(a) A person who stores, fuels, | ||
repairs, or performs maintenance work on an aircraft has a lien on | ||
the aircraft for: | ||
(1) the amount due under a contract for the storage, | ||
fuel, repairs, or maintenance work; or | ||
(2) if no amount is specified by contract, the | ||
reasonable and usual compensation for the storage, fuel, repairs, | ||
or maintenance work. | ||
(b) This subchapter applies to a contract for storage only | ||
if it is: | ||
(1) written; or | ||
(2) oral and provides for a storage period of at least | ||
30 days. | ||
(c) This subchapter applies to fuelings provided both | ||
within or outside of the State of Texas or the United States; except | ||
that, notwithstanding the foregoing provision, this section shall | ||
not apply to fueling of an aircraft owned, leased, operated by or | ||
operated on behalf of an air carrier that is certificated to conduct | ||
scheduled air transportation services under Part 121 of Title 14 of | ||
the Code of Federal Regulations. | ||
SECTION 2. Subchapter D, Chapter 70, Property Code, is | ||
amended by adding Section 70.308 to read as follows: | ||
Sec. 70.308. PERSONS WHO MAY BIND AIRCRAFT (a) The | ||
following persons are presumed to be authorized by the owner of an | ||
aircraft to incur charges that give rise to a lien under this | ||
subchapter: | ||
(1) the managing owner; | ||
(2) the aircraft's lessee; | ||
(3) the pilot, co-pilot, engineer or first officer; | ||
(4) the aircraft charter operator; | ||
(5) the aircraft scheduler, fuel manager and | ||
dispatcher; | ||
(6) the aircraft management company; and | ||
(7) a person entrusted with possession of the aircraft | ||
upon arrival at a fixed base operator. | ||
(b) A person tortiously or unlawfully in possession or | ||
charge of an aircraft may not bind the aircraft. | ||
(c) The provisions of clauses (a) and (b) of this §70.308 | ||
shall not apply to an aircraft owned, leased, operated by, or | ||
operated by an air carrier that is certificated to conduct | ||
scheduled airline operations under Part 121 of Title 14 of the Code | ||
of Federal Regulations. | ||
SECTION 3. This Act takes effect September 1, 2019. |