Support House Bill 1093


Chapter 59 of the Texas Property Code outlines the process which self-storage facility owners must follow for conducting a public lien sale when a tenant fails to pay fees as outlined in their self-storage lease agreement and is not responsive to the notices sent by verified mail.

The public sale must be advertised in a newspaper of general circulation in the county where the facility is located. Two ads must be purchased and published once in each of two consecutive weeks to advertise the sale.

The purpose of advertising lien auctions is to attract bidders for the sale, Newspapers are no longer the most effective way to attract bidders. By allowing alternative means of advertising lien sales, self-storage facilities can reach more bidders and reduce the expense for both small business owners and tenants. Lien sales are not a profit source and are typically a last resort to clear the space and rent to a paying customer.

Self storage is the only private industry with this requirement. Additionally, some counties in Texas have no printed newspapers, which means facility owners in those counties must physically post notices around town. At present, there is no other alternative.

This legislation will provide alternatives for publishing the public notice of sale it does not eliminate Newspapers as a way to publish that notice. Facility owners will still be able to use Newspapers if that is the best method in their county for notifying potential bidders.

What happens when a self-storage unit is abandoned by or otherwise no longer paid for by a tenant?

Day 1 of the lien process under Chapter 59 of the Texas Property Code:

  • Contents are seized and the lessor restricts access.
  • Notice of claim is sent by verified mail to the address on the signed rental agreement or last-known address, if different.
   Current:    Needed Legislation:

   Day 16:

  • Advertise the notice of public sale in a newspaper of general circulation in the county the facility is located or
  • Advertise the sale through posting the notice in five conspicuous locations near the facility.

   Day 23: Publish the second newspaper ad.

   Day 31: Hold the public sale.

   Day 16:

  • Advertise the notice of public sale in a newspaper of general circulation in the county the facility is located or
  • Advertise the sale through posting the notice in five conspicuous locations near the facility or
  • Advertise the sale on a publicly accessible Internet website that regularly advertises or conducts auctions of personal property or
  • Advertise the sale in a commercially reasonable manner.

   Day 27: Hold the public sale if notice advertising the sale is by posting or by commercial         reasonable manner.

   Day 31: Hold the public sale if notice advertising the sale is by newspaper publication.


  • This legislation only applies to the lessor/lessee relationship with a signed lease agreement with the language required by the Chapter 59 Texas Property Code.
  • Lien sales are not a profit source and are typically a last resort to clear the space and rent to a paying customer. Fees for advertising and holding the public sale are passed through and add an unnecessary expense and added debt for the consumer. Excess proceeds from the lien sale occur very rarely and are returned to the consumer.