Bill Text: TX HB3071 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to a worker's lien on a vehicle, motorboat, vessel, or outboard motor; providing a penalty.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-04-09 - Left pending in committee [HB3071 Detail]
Download: Texas-2013-HB3071-Introduced.html
83R1927 TJS-F | ||
By: Pitts | H.B. No. 3071 |
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relating to a worker's lien on a vehicle, motorboat, vessel, or | ||
outboard motor; providing a penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 70.001, Property Code, is amended by | ||
amending Subsections (b), (c), (d), (e), and (f) and adding | ||
Subsection (d-1) to read as follows: | ||
(b) If the lienholder [ |
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a motor vehicle, motorboat, vessel, or outboard motor in return for | ||
a purported payment or a promise to pay by the person obligated | ||
under the repair contract [ |
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the lienholder [ |
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motorboat, vessel, or outboard motor until the amount due is paid, | ||
unless the vehicle, motorboat, vessel, or outboard motor is | ||
possessed by a person who became a bona fide purchaser of the | ||
vehicle before full payment [ |
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A person entitled to possession of property under this subsection | ||
is entitled to take possession thereof in accordance with the | ||
provisions of Section 9.609, Business & Commerce Code. | ||
(c) A lienholder [ |
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under Subsection (b) only if the person obligated under the repair | ||
contract has signed a notice stating that the article may be subject | ||
to repossession under this section. A notice under this subsection | ||
must be: | ||
(1) separate from the written repair contract; or | ||
(2) printed on the written repair contract, credit | ||
agreement, or other document in type that is boldfaced, | ||
capitalized, underlined, or otherwise set out from surrounding | ||
written material so as to be conspicuous with a separate signature | ||
line. | ||
(d) A lienholder [ |
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under Subsection (b) may require a person obligated under the | ||
repair contract to pay, as a condition of reclaiming the article, | ||
the lesser of: | ||
(1) the actual costs reasonably incurred by the | ||
lienholder in taking possession of the article; or | ||
(2) [ |
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market value of the services required to take possession of the | ||
article. | ||
(d-1) Charges imposed by a lienholder under Subsection (d) | ||
are rebuttably presumed to [ |
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to take possession of an article if the charges represent the actual | ||
cost incurred by the lienholder [ |
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the article, except the presumption does not apply to a charge | ||
imposed by a lienholder that has received or is entitled to receive | ||
a profit from the provision of services required to take possession | ||
of an article. | ||
(e) A lienholder [ |
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person who performs repossession services [ |
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accept assignment of a lien under this section. This subsection may | ||
not be construed to prevent a lienholder under this section from | ||
assigning a lien to a third party that does not perform repossession | ||
services[ |
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(f) A person commits an offense if the person assigns | ||
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offense under this subsection is a Class B misdemeanor. | ||
SECTION 2. (a) Except as provided by Subsection (b) of this | ||
section, the change in law made by this Act applies only to a lien | ||
created under a contract for repairs entered into on or after the | ||
effective date of this Act. A lien created under a contract for | ||
repairs entered into before the effective date of this Act is | ||
governed by the law in effect when the contract was entered into, | ||
and that law is continued in effect for that purpose. | ||
(b) Section 70.001(f), Property Code, as amended by this | ||
Act, applies only to an offense committed on or after the effective | ||
date of this Act. An offense committed before the effective date of | ||
this Act is covered by the law in effect when the offense was | ||
committed, and the former law is continued in effect for that | ||
purpose. For purposes of this section, an offense was committed | ||
before the effective date of this Act if any element of the offense | ||
occurred before that date. | ||
SECTION 3. This Act takes effect September 1, 2013. |