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