73R1013 MJW-D By Danburg H.B. No. 575 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to repossession under a worker's lien. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 70.001, Property Code, is amended by 1-5 adding Subsections (c) and (d) to read as follows: 1-6 (c) A worker may take possession of an article under 1-7 Subsection (b) only if the person obligated under the repair 1-8 contract has signed a notice stating that the article may be 1-9 subject to repossession under this section. A notice under this 1-10 subsection must be: 1-11 (1) separate from the written repair contract; or 1-12 (2) printed on the written repair contract in a 1-13 conspicuous manner with a separate signature line. 1-14 (d) A worker who takes possession of an article under 1-15 Subsection (b) may require a person obligated under the repair 1-16 contract to pay the costs of repossession as a condition of 1-17 reclaiming the article only to the extent of the reasonable fair 1-18 market value of the services required to take possession of the 1-19 article. 1-20 SECTION 2. (a) This Act takes effect September 1, 1993. 1-21 (b) This Act applies only to a repair contract entered into 1-22 on or after September 1, 1993. A repair contract entered into 1-23 before September 1, 1993, is governed by the law as it existed at 1-24 the time the contract was entered into, and that law is continued 2-1 in effect for that purpose. 2-2 SECTION 3. The importance of this legislation and the 2-3 crowded condition of the calendars in both houses create an 2-4 emergency and an imperative public necessity that the 2-5 constitutional rule requiring bills to be read on three several 2-6 days in each house be suspended, and this rule is hereby suspended. 2-7 COMMITTEE AMENDMENT NO. 1 2-8 H.B. No. 575 is amended as follows: 2-9 (1) Delete all language beginning with and including the 2-10 word "in" on page 1, line 12, and ending with and including the 2-11 word "manner" on page 1, line 13 of the bill. 2-12 (2) Insert the following after the word "contract" on page 2-13 1, line 12 of the bill: ", credit agreement, or other document, in 2-14 type that is boldfaced, capitalized, underlined or otherwise set 2-15 out from surrounding written material so as to be conspicuous". 2-16 (3) Insert the following after the period following the word 2-17 "article" on page 1, line 19 of the bill: "For the purpose of this 2-18 subsection, charges represent the fair market value of the services 2-19 required to take possession of an article if the charges represent 2-20 the actual cost incurred by the worker in taking possession of the 2-21 article." 2-22 Giddings