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Relating to the
repossession of an aircraft.
No significant fiscal implication to the State is anticipated.
HB 3901 would create a new chapter in the Property Code.
Specifically, this chapter would allow a repossession agent to acquire a writ
of assistance from the court. This writ of assistance would permit a peace
officer to escort an agent when attempting to repossess an airplane.
A writ would be valid for 30 days and the court may issue it
an unlimited number of times. Likewise the agent would not be restricted from
the number of times he or she requests a writ.
Lastly, this legislation outlines the required information a
repossession agent must present when petitioning the court for a writ of assistance.
No changes have been made to this legislation in the Senate committee. The Senate chamber sponsor is Senator Van Taylor.
First chamber recommendation:
A lender may hire a repossession agent to reclaim an
airplane, the owner of which may have defaulted on making payments.
Repossessing a plane can be risky because plane owners might be hostile to
having their aircraft seized. If a plane owner becomes aggressive, a
repossession agent must avoid the confrontation. However, according to the
author’s statement of intent, under tight deadlines, repossession agents are
pushed to take great risks that include jumping fences and hotwiring a plane in
order to reclaim the airplane for the lender.
This legislation would protect an agent from a hostile
aircraft owner by allowing a peace officer to escort an agent while reclaiming
If a repossession agent engages in the lawful repossession
of defaulted property, then that agent should not have to undergo risks that
could result in harm to the agent but other people as well. We support HB 3901 because it protects private
property by allowing a person to reclaim their aircraft lawfully without
incurring significant risk of doing so.