Upcoming Webinar Explores New Texas Self Storage Lien Law

Posted on Jul 20 2011 - 8:26am by John Stevens

The Texas Self Storage Association (TSSA) along with the national Self Storage Association (SSA) has worked hard to lobby for an update to the state’s self storage lien laws which had become antiquated and burdensome to facility operators. Last month, Texas Gov. Rick Perry signed a bill that modernizes the state’s 30-year-old lien law. To assist self storage operators with understanding the ins and outs of the new law, the TSSA is hosting a webinar on July 26 for its members.

Presented by TSSA legal counsel Connie Heyer of Niemann & Heyer LLP, the webinar will take place from 10 to 11:15 a.m. Registration costs $25. The webinar will address specifics to the changes to the Chapter 59 foreclosure process in the state as well as address other legislation that affects facility operators.

The upcoming webinar will explain what Texas operators need to do to comply with the new law, which goes into effect Jan. 1. Attendees will learn:

• An overview of this year’s legislative session
• How a self storage operations are affected by the change
• What must now be in lease documents as a result of the new law
• Other changes to existing laws or new laws that affect a self storage operation

 This is the first time in more than 15 years that TSSA has actively stepped into the legislative fray to lobby for a specific bill. The association’s legislative role has mainly been as a watchdog and to actively lobby against harmful legislation. Connie Heyer routinely monitors all bills that may have a potential impact on self-storage operators, working at the Capitol with bill authors when amendments are needed. When necessary, the association rallies members to contact their representatives and help prevent onerous bills from becoming law. One stumbling block TSSA hit in the process was opposition from the newspaper industry that fought against a section of the bill that would have eliminated newspaper notification of lien sale. That section was eventually taken out of the bill.

The new law, which becomes effective Jan. 1, will:

• Allow the use of verified mail or e-mail instead of the currently required Certified Mail to send the required foreclosure seizure/claim notice.
• Require specific notice to military customers asking them to identify themselves as active duty, thereby providing additional safeguards for service members.
• Incorporate special foreclosure processes for vehicles and boats into Chapter 59 instead of the current separate section of the property code subject to changes intended for mechanics liens.

Heyer is considered an expert on Texas self-storage law. Along with Larry Niemann, Heyer is co-author of the TSSA Goldbook, a guide to laws and regulations affecting the state’s self-storage owners and managers. The law firm of Niemann & Heyer is also the author of the current TSSA rental agreement and official forms.

Sources Used:

“Texas Self Storage Association Hosts Webinar on New Lien Law.” Inside Self-Storage. July 19, 2011.

“Modernized Texas Self-Storage Lien Bill Signed by Governor.” Inside Self-Storage. June 15, 2011.