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037-07 HB 2931 - Lien Related to Damaged Fence

Registration and Title Bulletin - #037-07

Date: September 4, 2007

To: All County Tax Assessor-Collectors

Subject: HB 2931 - Lien Related to Damaged Fence

Attachment

These documents contain text of correspondence sent by TxDOT to the county tax assessor-collectors, statutory agents who provide vehicle registration and titling services for citizens in Texas. This information is provided to apprise the general public of issues affecting the state's vehicle titling and registration process.

PURPOSE

To notify you of the provisions of HB 2931 which allows a lien to be placed against a motor vehicle that damaged a landowner's fence. This law, effective on September 1, 2007, amends Chapter 70 of Property Code and Chapter 370 of Local Government Code.

DETAILS

Landowners experiencing fence damage may obtain an order from a court of competent jurisdiction. The order entitles them to place a lien against the motor vehicle of a person who caused the damage, if that person is the vehicle owner, or has consented for someone to drive their motor vehicle which caused the damage.

The law also details local law enforcement duties and responsibilities. We are attaching a copy of HB 2931.

COUNTY ACTION

Landowners may perfect a lien under this subchapter in the manner provided by Subchapter F, Chapter 501 of the Transportation Code. The landowner must provide:

  1. An order signed by the justice of the peace or court of higher jurisdiction;
  2. An application for certificate of title that discloses the lien accompanied by the filing fee.

The lien does not expire and is not discharged until the landowner receives payment.

CONTACT

If you have any questions or need any additional information, please contact your local Vehicle Titles and Registration Division Regional Office.

In some cases the Registration and Title Bulletins (RTB) contain attachments. If you require a copy of the original signed RTB and the attachments, please e-mail us and include the RTB number. Repeat requests are subject to charges in

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