Bill

HB 2076

84(R) - 2015
House Business & Industry
House Business & Industry
Business, Industry, & Commerce
County Government

Vote Recommendation

Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral

Author(s)

Rene Oliveira

Co-Author(s)

Patricia Harless

Bill Caption

Relating to notice requirements and other procedures relating to the possession or sale of a motor vehicle, motorboat, vessel, or outboard motor by a possessory lienholder.

Fiscal Notes

A fiscal note dated May 25, 2015 anticipates no fiscal implication to the State or units of local government.

Bill Analysis

House Bill 2076 would amend section 70.001 of the Property Code relating to a worker's lien to provide that such a lien is released when a worker receives payment of the amount due or relinquishes possession of the property. The worker's right to possession could not be sold to a third party.

House Bill 2076 would amend section 70.006 of the Property Code relating to the sale of a motor vehicle, motorboat, vessel, or outboard motor in cases of liens. It would require that a copy of the notice to the owner of or holder of a lien on the property be filed with the county tax assessor-collector's office. The owner or holder of the lien would be able to obtain possession of the property by paying all charges due before the 31st day after the copy is filed. If charges were not paid in time, the lienholder would be able to sell the property at a public sale and apply the proceed to the charges. The public sale would have to take place after the 31st day after the copy of the notice is filed. Any inspections to verify that repairs were made would have to take place before the date of the public sale.

The county tax-assessor would have to provide to the owner of the property a copy of the notice that indicates the date the notice was filed.

Vote Recommendation Notes

Under current law (Section 70.001 of the Property Code), a worker in Texas who by labor repairs an article, including a vehicle, motorboat, vessel, or outboard motor, is allowed to retain possession of the article until he is paid or compensated for his work.

House Bill 2076 would specify the conditions for a worker's lien to be released. It would also require that a copy of the notice given to the owner or holder of a lien on the property be filed with the county tax-assessor's office. The bill would also stipulates when the public sale could take place taking into consideration this notice.

House Bill 2076 is mostly a procedural bill that clarifies the process to follow for a worker's lien to be released or for the property to be sold. We will remain neutral on this bill.

The second chamber sponsor is Senator Robert Nichols.