Bill Text: TX HB3622 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to abandoned vehicles held by vehicle storage facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-30 - Referred to Licensing & Administrative Procedures [HB3622 Detail]
Download: Texas-2017-HB3622-Introduced.html
85R12454 JAM-F | ||
By: Goldman | H.B. No. 3622 |
|
||
|
||
relating to abandoned vehicles held by vehicle storage facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 2303, Occupations Code, is | ||
amended by adding Section 2303.004 to read as follows: | ||
Sec. 2303.004. CONFLICT WITH OTHER LAW. To the extent of | ||
any conflict between this chapter and Chapter 683, Transportation | ||
Code, this chapter controls. | ||
SECTION 2. Section 2303.151, Occupations Code, is amended | ||
by amending Subsections (a) and (e) and adding Subsection (f) to | ||
read as follows: | ||
(a) The operator of a vehicle storage facility who receives | ||
a vehicle that is registered in this state and that is towed to the | ||
facility for storage shall send a written notice to the registered | ||
owner and each recorded [ |
||
later than the fifth day after the date but not earlier than 24 | ||
hours after the time [ |
||
(e) A notice under this section is considered to have been | ||
[ |
||
if: | ||
(1) the postmark or electronic proof of mailing from | ||
the United States Postal Service Internet website indicates that | ||
the notice was mailed within the period described by Subsection (a) | ||
or (b), as applicable; or | ||
(2) the notice was published as provided by Section | ||
2303.152. | ||
(f) A state agency or a county assessor-collector may not | ||
require proof of delivery of the notice under this section as a | ||
condition for the issuance of a title. | ||
SECTION 3. Section 2303.152, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 2303.152. NOTICE BY PUBLICATION. (a) Notice to the | ||
registered owner and each recorded [ |
||
vehicle towed to a vehicle storage facility may be provided by | ||
publication in a print or electronic version of a newspaper of | ||
general circulation in the county in which the vehicle is stored if: | ||
(1) the vehicle is registered in another state; | ||
(2) the operator of the vehicle storage facility | ||
submits to the governmental entity with which the vehicle is | ||
registered a written or electronic request for information relating | ||
to the identity of the registered owner and any recorded lienholder | ||
[ |
||
(3) [ |
||
|
||
[ |
||
the registered owner[ |
||
[ |
||
|
||
(b) If a [ |
||
must: | ||
(1) be correctly addressed; | ||
(2) carry sufficient postage; and | ||
(3) be sent by certified mail, return receipt | ||
requested, or by electronic certified mail. | ||
(c) Notice by publication is not required if each notice | ||
sent as provided by Section 2303.151 is returned because: | ||
(1) the notice was unclaimed or refused; or | ||
(2) the person to whom the notice was sent moved | ||
without establishing [ |
||
States Postal Service. | ||
(d) Only one notice is required to be published for a [ |
||
|
||
(d-1) Notice by publication may include a list of more than | ||
one motor vehicle, watercraft, or outboard motor. | ||
(e) Notice to the registered owner and each recorded [ |
||
|
||
facility may be provided by publication in a print or electronic | ||
version of a newspaper of general circulation in the county in which | ||
the vehicle is stored if: | ||
(1) the vehicle does not display a license plate, | ||
registration insignia, or other [ |
||
indicating the state of registration; | ||
(2) the identity of the registered owner cannot | ||
reasonably be determined by the operator of the storage facility; | ||
or | ||
(3) the operator of the storage facility cannot | ||
reasonably determine the identity and address of each recorded | ||
lienholder. | ||
SECTION 4. Section 2303.153(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A notice by mail provided under Section 2303.151 must | ||
include: | ||
(1) the date the vehicle was accepted for storage; | ||
(2) the first day for which a storage fee is assessed; | ||
(3) the daily storage rate; | ||
(4) the type and amount of any other charge to be paid | ||
when the vehicle is claimed; | ||
(5) the full name, street address, and telephone | ||
number of the vehicle storage facility; | ||
(6) the hours during which the owner may claim the | ||
vehicle; [ |
||
(7) the facility license number preceded by "Texas | ||
Department of Licensing and Regulation Vehicle Storage Facility | ||
License Number" or "TDLR VSF Lic. No."; and | ||
(8) a description of the vehicle. | ||
SECTION 5. Section 2303.154, Occupations Code, is amended | ||
by amending Subsections (a), (a-1), and (b) and adding Subsection | ||
(d) to read as follows: | ||
(a) [ |
||
|
||
|
||
|
||
|
||
|
||
|
||
[ |
||
claim the vehicle before the 10th day after the date notice is | ||
mailed or published under Section 2303.151 or 2303.152, the | ||
operator of the vehicle storage facility shall consider the vehicle | ||
to be abandoned and, if required by the law enforcement agency with | ||
jurisdiction where the vehicle is located, report the [ |
||
|
||
mail to the [ |
||
shall pay the fee required by Section 683.031(c), Transportation | ||
Code, if the facility is notified by the law enforcement agency that | ||
the law enforcement agency will send notices and take custody of and | ||
dispose of the vehicle as provided by [ |
||
Transportation Code. | ||
(b) On or after the 15th day after the date notice is mailed | ||
or published under Section 2303.151 or 2303.152, the operator of a | ||
vehicle storage facility shall send a second notice to the | ||
registered owner and each recorded lienholder of the vehicle if the | ||
facility has been notified that the law enforcement agency will not | ||
take custody of the vehicle or the law enforcement agency has not | ||
taken custody of the vehicle or has not responded to the report sent | ||
under Subsection (a). Notice under this subsection [ |
||
be sent by certified mail or electronic certified mail and include: | ||
(1) the information listed in Section 2303.153(a); | ||
(2) a statement of the right of the facility to dispose | ||
of the vehicle under Section 2303.157; and | ||
(3) a statement that the failure of the owner or any | ||
lienholder to claim the vehicle before the 30th day after the date | ||
the notice is provided is: | ||
(A) a waiver by that person of all right, title, | ||
or interest in the vehicle; and | ||
(B) a consent to the sale of the vehicle at a | ||
public sale. | ||
(d) A report sent under Subsection (a) may contain a list of | ||
more than one motor vehicle, watercraft, or outboard motor. | ||
SECTION 6. Section 2303.1545(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The facility may: | ||
(1) notify the Texas Department of Motor Vehicles | ||
[ |
||
have been provided and shall pay a fee of $10 to the Texas | ||
Department of Motor Vehicles [ |
||
(2) in the alternative, notify the appropriate law | ||
enforcement agency and pay a fee of $10 to that agency, if required | ||
by the law enforcement agency. | ||
SECTION 7. Section 2303.157, Occupations Code, is amended | ||
by amending Subsection (b) and adding Subsections (a-1) and (b-1) | ||
to read as follows: | ||
(a-1) If the vehicle is not claimed by a person entitled to | ||
claim the vehicle within the period described by Subsection (a), | ||
the owner and each of the lienholders: | ||
(1) waive all rights and interests in the vehicle; and | ||
(2) consent to the sale of the vehicle at a public | ||
sale. | ||
(b) An operator entitled to dispose of a vehicle under this | ||
section may sell the vehicle at a public sale without obtaining a | ||
release or discharge of any lien on the vehicle, regardless of | ||
whether notice was provided by mail or by publication under this | ||
chapter. The proceeds from the sale of the vehicle shall be applied | ||
to the charges incurred for the vehicle under Section 2303.155, any | ||
towing and recovery charges, and the cost of the public sale. The | ||
operator shall pay any excess proceeds to the person entitled to | ||
those proceeds. | ||
(b-1) The purchaser of an abandoned vehicle: | ||
(1) takes title free and clear of all liens and claims | ||
of ownership; | ||
(2) shall receive an auction sales receipt from the | ||
vehicle storage facility; and | ||
(3) is entitled to register the vehicle and receive a | ||
certificate of title from the appropriate authority. | ||
SECTION 8. Section 2303.153(d), Occupations Code, is | ||
repealed. | ||
SECTION 9. The changes in law made by this Act apply only to | ||
a vehicle received in storage on or after the effective date of this | ||
Act. A vehicle received in storage before the effective date of | ||
this Act is governed by the law in effect on the date the vehicle was | ||
received in storage, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 10. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2017. |