Bill Text: TX HB2975 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the sale of a motor vehicle, motorboat, vessel, or outboard motor by a lienholder.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-12 - Referred to Business & Industry [HB2975 Detail]
Download: Texas-2019-HB2975-Introduced.html
86R11971 PMO-F | ||
By: Metcalf | H.B. No. 2975 |
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relating to the sale of a motor vehicle, motorboat, vessel, or | ||
outboard motor by a lienholder. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 70.006(a), (e), and (f), Property Code, | ||
are amended to read as follows: | ||
(a) A holder of a lien under this subchapter 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, not later than | ||
the 30th day after the date on which the charges accrue, give | ||
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 holder of a possessory lien 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. | ||
(e) After notice is given under this section to the owner of | ||
or the holder of a lien on the motor vehicle, motorboat, vessel, or | ||
outboard motor, the owner or holder of the lien may obtain | ||
possession of the motor vehicle, motorboat, vessel, or outboard | ||
motor by paying all charges due to the holder of a lien under this | ||
subchapter before the 31st day after the date: | ||
(1) a copy of the notice relating to the motor vehicle | ||
is filed with the county tax assessor-collector's office; or | ||
(2) a copy of the notice relating to the motorboat, | ||
vessel, or outboard motor is mailed or published, as applicable. | ||
(f) If the charges are not paid within the applicable period | ||
prescribed by Subsection (e) [ |
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sell the motor vehicle, motorboat, vessel, or outboard motor at a | ||
public sale and apply the proceeds to the charges. The lienholder | ||
shall pay excess proceeds to the person entitled to them. The | ||
public sale may not take place before the 31st day after the date: | ||
(1) a copy of the notice relating to the motor vehicle | ||
is filed with the county tax assessor-collector's office; or | ||
(2) a copy of the notice relating to the motorboat, | ||
vessel, or outboard motor is mailed or published, as applicable. | ||
SECTION 2. This Act takes effect September 1, 2019. |