HB1093 - Relating to requirements for notice advertising the sale of property to enforce a self-service storage facility lien.

  89R802 SHH-F     By: Lambert, Darby, Metcalf H.B. No. 1093       A BILL TO BE ENTITLED   AN ACT   relating to requirements for notice advertising the sale of   property to enforce a self-service storage facility lien.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 59.042(b) and (c), Property Code, are   amended to read as follows:          (b)  If the tenant fails to satisfy the claim on or before the   14th day after the date the notice is delivered, the lessor must   publish or post notices advertising the sale or otherwise give   notice advertising the sale in a commercially reasonable manner as   provided by this subchapter.          (c)   The [ If notice is by publication, the ] lessor may not   sell the property until :                 (1)   the 15th day after the date the notice advertising   the sale is first published , if the notice is by publication;                 (2)   [ . If notice is by posting, the lessor may sell   the property after ] the 10th day after the date the notices   advertising the sale are posted , if the notice is by posting; or                 (3)     the 10th day after the date the notice is given, if   the notice is given in a commercially reasonable manner .          SECTION 2.  The heading to Section 59.044, Property Code, is   amended to read as follows:          Sec. 59.044.   METHOD AND CONTENT OF NOTICE ADVERTISING [ OF ]   SALE.          SECTION 3.  Section 59.044, Property Code, is amended by   amending Subsection (b) and adding Subsections (c) and (d) to read   as follows:          (b)  The lessor must either:                 (1)   publish the notice advertising the sale:                       (A)  subject to Subsection (c), [ once in each of   two consecutive weeks ] in a newspaper of general circulation in the   county in which the self-service storage facility is located ; or                       (B)     on a publicly accessible Internet website   that regularly advertises or conducts auctions of personal   property; or                 (2)     give notice advertising the sale in a commercially   reasonable manner .           (c)   If there is not a newspaper of general circulation in   the county in which to publish notice advertising the sale under   Subsection (b)(1) , the lessor may [ instead ] post a copy of the   notice at the self-service storage facility and at least five other   conspicuous locations near the facility.           (d)     For purposes of this section, notice advertising a sale   is considered to be given in a commercially reasonable manner if at   least three independent bidders register for, view, or attend the   sale, regardless of whether the sale is conducted at the   self-service storage facility or a reasonably near public place or   through an Internet website accessible to the public.          SECTION 4.  The changes in law made by this Act to Chapter   59, Property Code, apply only to a self-service storage facility   rental agreement entered into, extended, or renewed on or after the   effective date of this Act. A self-service storage facility rental   agreement entered into, extended, or renewed before the effective   date of this Act is governed by the law as it existed immediately   before the effective date of this Act, and the former law is   continued in effect for that purpose.          SECTION 5.  This Act takes effect September 1, 2025.