TSSA Advocates to Modernize the Lien Process
Final Text of the Bill as Passed Texas Legislature Home Page
Learn How the New Law Will Affect Your Storage Operation
TSSA worked on behalf of its members by taking an active role in 2011 to support changes to the Chapter 59 foreclosure process. During the 82nd Legislative Session, which began January 11, 2011, the bill TSSA helped draft was introduced in both the Texas Senate and the House of Representatives.
State Senator John Carona (R-Dallas), Chairman of the Senate Business and Commerce Committee, filed the bill as SB 690. State Representative Sid Gill (R-Stephenville) filed a companion bill in the House as HB 1259
After the amended version of SB 690 was unanimously approved by full Senate, the only action needed was the governor's signature. On June 17, Governor Rick Perry signed the legislation, with the changes effective January 1, 2012.
Highlights of the changes to the self-storage lien law:
• Changed the required type of mailing for the notice of claim from certified to verified mail (any type of mail with proof of mailing)
• Also allows lien notification of tenants via e-mail if they provide an address and the lease contains necessary language notifying that tenant notices will be sent electronically
• Requires special language in the notice of claim for active duty military customers
• Incorporates rules of Chapter 70 into Chapter 59 so that special foreclosure procedures are not subject to changes meant only for mechanics’ liens
Santos Alliances served as TSSA's lobbying firm in this legislative effort. The Legislative Committee for TSSA consisted of four TSSA board members: Robert Loeb, Castle Hills Self Storage (Victoria), Chair; Jay Kanter, O'Connor Self Storage (Dallas); Mark Skeans, Skeans & Associates, LLC (San Antonio); Dan Small, Diamond Management Company (Pearland); as well as former director Brad Young, 5 Star Storage, LLC (Midlothian).
Our Success is Members' Success, and We Couldn't Have Done it Without Them. TSSA members called and wrote their senators and representatives to support the bill at several critical points during the process. At a pivotal moment, a number of members contacted their state senators on the Senate Calendars Committee, asking that the bill be set for calendar for a vote. Without that action, the bill would have died. Because members were willing to get involved, self-storage operators have a new lien law. Thank you to every member involved in this effort.
Learn How the New Law Affects Your Operation