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.