88R242 BEE-F     By: Gamez H.B. No. 3148       A BILL TO BE ENTITLED   AN ACT   relating to a vehicle storage facility operator's possessory lien   on a vehicle and the vehicle's cargo, contents, and other personal   property.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 2303, Occupations Code, is   amended by adding Section 2303.162 to read as follows:          Sec. 2303.162.  POSSESSORY LIEN. (a) In this section:                (1)  "Cargo" means goods, as defined by Section 7.102,   Business & Commerce Code, that constitute, wholly or partly, a   commercial shipment of freight moving in commerce. A shipment is   considered to be moving in commerce if the shipment is located at   any point between the point of origin and the final point of   destination regardless of any temporary stop that is made for the   purpose of transshipment or otherwise.                (2)  "Personal property" includes personal property as   defined by Section 545.3051, Transportation Code.                (3)  "Vehicle" includes a trailer:                      (A)  attached to the vehicle; or                      (B)  towed and stored in conjunction with the   vehicle.          (b)  A vehicle storage facility operator has a first priority   possessory lien on a vehicle stored or parked at the facility for   all reasonable towing, recovery, and storage charges for which the   owner, operator, or carrier of the vehicle is liable, including for   all fees established by law or department rule.          (c)  Except as provided by Subsection (d), in addition to the   vehicle described by Subsection (b), a possessory lien under this   section attaches to:                (1)  the vehicle's contents; and                (2)  the contents of or personal property carried by a   trailer described by Subsection (a)(3), including cargo or a   vehicle or boat.          (d)  A lien under this section does not attach to a vehicle   owner's or operator's personal belongings that are designated by   commission rule as exempt from attachment under this section.          (e)  On request of the vehicle's owner or operator, or the   owner's or operator's authorized representative, a vehicle storage   facility operator shall release without charge the personal   belongings described by Subsection (d). If the release of personal   belongings described by Subsection (d) is not requested by a person   qualified to make the request as provided by this subsection, the   belongings are considered to be part of a vehicle for purposes of a   waiver under Section 2303.154(b)(3)(A) or (c)(2)(A).          (f)  A lien under this section attaches in preference to any   prior lien.          (g)  A vehicle storage facility operator may perfect a lien   under this section by:                (1)  maintaining possession of:                      (A)  the vehicle;                      (B)  the vehicle's contents; or                      (C)  the contents of or personal property carried   by a trailer described by Subsection (a)(3), including cargo or a   vehicle or boat; or                (2)  sending the written notices to the registered   owner and lienholder of the vehicle as required by this chapter.          (h)  A vehicle storage facility or a towing company, as   defined by Section 2308.002, that complies with this section is not   liable for a claim of conversion or civil theft in relation to   maintaining possession of a vehicle or a vehicle's contents   pursuant to a possessory lien under this section.          (i)  A person is not liable for a claim of conversion or civil   theft in relation to a vehicle or the contents of the vehicle or   related personal property if the person:                (1)  forecloses on a possessory lien under this   section;                (2)  purchases property pursuant to the foreclosure of   a possessory lien under this section; or                (3)  applies for ownership of or title to property   purchased or sold at public sale under this chapter, including   through use of a licensed vehicle storage facility lien foreclosure   form or a similar form adopted by the Texas Department of Motor   Vehicles.          (j)  Nothing in this section requires a vehicle storage   facility or towing company to create an inventory of or to preserve   the contents of any vehicle.          SECTION 2.  The changes in law made by this Act apply only to   a vehicle accepted for storage by a vehicle storage facility on or   after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2023.