H.B. No. 575
    1-1                                AN ACT
    1-2  relating to repossession under a worker's lien; providing a
    1-3  criminal penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 70.001, Property Code, is amended by
    1-6  adding Subsections (c) and (d) to read as follows:
    1-7        (c)  A worker may take possession of an article under
    1-8  Subsection (b) only if the person obligated under the repair
    1-9  contract has signed a notice stating that the article may be
   1-10  subject to repossession under this section.  A notice under this
   1-11  subsection must be:
   1-12              (1)  separate from the written repair contract; or
   1-13              (2)  printed on the written repair contract, credit
   1-14  agreement, or other document in type that is boldfaced,
   1-15  capitalized, underlined, or otherwise set out from surrounding
   1-16  written material so as to be conspicuous with a separate signature
   1-17  line.
   1-18        (d)  A worker who takes possession of an article under
   1-19  Subsection (b) may require a person obligated under the repair
   1-20  contract to pay the costs of repossession as a condition of
   1-21  reclaiming the article only to the extent of the reasonable fair
   1-22  market value of the services required to take possession of the
   1-23  article.  For the purpose of this subsection, charges represent the
   1-24  fair market value of the services required to take possession of an
    2-1  article if the charges represent the actual cost incurred by the
    2-2  worker in taking possession of the article.
    2-3        SECTION 2.   Section 70.001, Property Code, is amended by
    2-4  adding Subsections (e) and (f) to read as follows:
    2-5        (e)  A worker may not sell for cash or other consideration to
    2-6  a person who performs repossession services a check that is
    2-7  received as payment for repair of an article and that is returned
    2-8  to the worker because of insufficient funds.
    2-9        (f)  A person commits an offense if the person sells a check
   2-10  in violation of Subsection (e).  An offense under this subsection
   2-11  is a Class B misdemeanor.
   2-12        SECTION 3.  (a)  This Act takes effect  September 1, 1993.
   2-13        (b)  This Act applies only to a repair contract entered into
   2-14  on or after September 1, 1993.  A repair contract entered into
   2-15  before September 1, 1993,  is governed by the law as it existed at
   2-16  the time the contract was entered into, and that law is continued
   2-17  in effect for that purpose.
   2-18        (c)  The change in law made by this Act applies only to an
   2-19  offense committed on or after the effective date of this Act.  For
   2-20  purposes of this subsection, an offense is committed before the
   2-21  effective date of this Act if any element of the offense occurs
   2-22  before that date.  An offense committed before the effective date
   2-23  of this Act is covered by the law in effect when the offense was
   2-24  committed, and the former law is continued in effect for this
   2-25  purpose.
   2-26        SECTION 4.  The importance of this legislation and the
   2-27  crowded condition of the calendars in both houses create an
    3-1  emergency   and   an   imperative   public   necessity   that   the
    3-2  constitutional rule requiring bills to be read on three several
    3-3  days in each house be suspended, and this rule is hereby suspended.