Bill Text: TX SB266 | 2011-2012 | 82nd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to notice required in connection with possessory liens on motor vehicles.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB266 Detail]
Download: Texas-2011-SB266-Engrossed.html
Bill Title: Relating to notice required in connection with possessory liens on motor vehicles.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB266 Detail]
Download: Texas-2011-SB266-Engrossed.html
By: Williams | S.B. No. 266 |
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relating to notice required in connection with possessory liens on | ||
motor vehicles. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subsections (a) and (h), Section 70.006, | ||
Property Code, are amended to read as follows: | ||
(a) A holder of a lien under this subchapter or Chapter 59 on | ||
a motor vehicle subject to Chapter 501, Transportation Code, or on a | ||
motorboat, vessel, or outboard motor for which a certificate of | ||
title is required under Subchapter B, Chapter 31, Parks and | ||
Wildlife Code, as amended, who retains possession of the motor | ||
vehicle, motorboat, vessel, or outboard motor shall[ |
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written notice to the owner and each holder of a lien recorded on | ||
the certificate of title. Not later than the 30th day after the | ||
date on which the charges accrue, a [ |
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on a motor vehicle under Section 70.001, other than a person | ||
licensed as a franchised dealer under Chapter 2301, Occupations | ||
Code, shall file a copy of the notice and all information required | ||
by this section with the county tax assessor-collector's office in | ||
the county in which the repairs were made with an administrative fee | ||
of $25 payable to the county tax assessor-collector. If the motor | ||
vehicle, motorboat, vessel, or outboard motor is registered outside | ||
this state, the holder of a lien under this subchapter who retains | ||
possession during that period shall give notice to the last known | ||
registered owner and each lienholder of record. | ||
(h) Not later than the 15th business [ |
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date the county tax assessor-collector receives notice under this | ||
section, the county tax assessor-collector shall provide a copy of | ||
the notice to the owner of the motor vehicle and each holder of a | ||
lien recorded on the certificate of title of the motor vehicle. | ||
Except as provided by this subsection, the county tax | ||
assessor-collector shall provide the notice required by this | ||
section in the same manner as a holder of a lien is required to | ||
provide a notice under this section, except that the county tax | ||
assessor-collector is not required to use certified mail. Notice | ||
under this section is required regardless of the date on which the | ||
charges on which the possessory lien is based accrued. | ||
SECTION 2. (a) Subsection (a), Section 70.006, Property | ||
Code, as amended by this Act, applies only to charges that accrue on | ||
or after the effective date of this Act. Charges that accrue before | ||
the effective date of this Act are governed by the law applicable to | ||
the charges immediately before the effective date of this Act, and | ||
that law is continued in effect for that purpose. | ||
(b) Subsection (h), Section 70.006, Property Code, as | ||
amended by this Act, applies only to notice received by a county tax | ||
assessor-collector on or after the effective date of this Act. | ||
Notice received by a county tax assessor-collector before the | ||
effective date of this Act is governed by the law in effect at the | ||
time notice was received, and that law is continued in effect for | ||
that purpose. | ||
SECTION 3. This Act takes effect September 1, 2011. |