1-1 By: Danburg (Senate Sponsor - Luna) H.B. No. 575
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 6, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 25, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 7, Nays 0; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 COMMITTEE AMENDMENT NO. 1 By: Henderson
1-16 Amend H.B. 575 by striking Section 1 of the bill and
1-17 substituting the following:
1-18 SECTION 1. Section 70.001, Property Code, is amended by
1-19 adding Subsections (c) and (d) to read as follows:
1-20 (c) A worker may take possession of an article under
1-21 Subsection (b) only if:
1-22 (1) the person obligated under the repair contract has
1-23 signed a notice stating that the article may be subject to
1-24 repossession under this section and the notice is:
1-25 (A) separate from the written repair contract;
1-26 or
1-27 (B) printed on the written repair contract,
1-28 credit agreement, or other document with a separate signature line
1-29 and in type that is boldfaced, capitalized, underlined, or
1-30 otherwise set off from surrounding written material so as to be
1-31 conspicuous; and
1-32 (2) the worker has notified the person obligated under
1-33 the repair contract of the amount due both personally and by
1-34 certified mail addressed to the obligee's last known address not
1-35 later than the 10th day before the date of repossession.
1-36 (d) A worker who takes possession of an article under
1-37 Subsection (b) may require a person obligated under the repair
1-38 contract to pay the costs of repossession as a condition of
1-39 reclaiming the article only to the extent of 20 percent of the
1-40 unpaid amount due or $100, whichever is less.
1-41 A BILL TO BE ENTITLED
1-42 AN ACT
1-43 relating to repossession under a worker's lien; providing a
1-44 criminal penalty.
1-45 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-46 SECTION 1. Section 70.001, Property Code, is amended by
1-47 adding Subsections (c) and (d) to read as follows:
1-48 (c) A worker may take possession of an article under
1-49 Subsection (b) only if the person obligated under the repair
1-50 contract has signed a notice stating that the article may be
1-51 subject to repossession under this section. A notice under this
1-52 subsection must be:
1-53 (1) separate from the written repair contract; or
1-54 (2) printed on the written repair contract, credit
1-55 agreement, or other document in type that is boldfaced,
1-56 capitalized, underlined, or otherwise set out from surrounding
1-57 written material so as to be conspicuous with a separate signature
1-58 line.
1-59 (d) A worker who takes possession of an article under
1-60 Subsection (b) may require a person obligated under the repair
1-61 contract to pay the costs of repossession as a condition of
1-62 reclaiming the article only to the extent of the reasonable fair
1-63 market value of the services required to take possession of the
1-64 article. For the purpose of this subsection, charges represent the
1-65 fair market value of the services required to take possession of an
1-66 article if the charges represent the actual cost incurred by the
1-67 worker in taking possession of the article.
1-68 SECTION 2. Section 70.001, Property Code, is amended by
2-1 adding Subsections (e) and (f) to read as follows:
2-2 (e) A worker may not sell for cash or other consideration to
2-3 a person who performs repossession services a check that is
2-4 received as payment for repair of an article and that is returned
2-5 to the worker because of insufficient funds.
2-6 (f) A person commits an offense if the person sells a check
2-7 in violation of Subsection (e). An offense under this subsection
2-8 is a Class B misdemeanor.
2-9 SECTION 3. (a) This Act takes effect September 1, 1993.
2-10 (b) This Act applies only to a repair contract entered into
2-11 on or after September 1, 1993. A repair contract entered into
2-12 before September 1, 1993, is governed by the law as it existed at
2-13 the time the contract was entered into, and that law is continued
2-14 in effect for that purpose.
2-15 (c) The change in law made by this Act applies only to an
2-16 offense committed on or after the effective date of this Act. For
2-17 purposes of this subsection, an offense is committed before the
2-18 effective date of this Act if any element of the offense occurs
2-19 before that date. An offense committed before the effective date
2-20 of this Act is covered by the law in effect when the offense was
2-21 committed, and the former law is continued in effect for this
2-22 purpose.
2-23 SECTION 4. The importance of this legislation and the
2-24 crowded condition of the calendars in both houses create an
2-25 emergency and an imperative public necessity that the
2-26 constitutional rule requiring bills to be read on three several
2-27 days in each house be suspended, and this rule is hereby suspended.
2-28 * * * * *
2-29 Austin,
2-30 Texas
2-31 May 25, 1993
2-32 Hon. Bob Bullock
2-33 President of the Senate
2-34 Sir:
2-35 We, your Committee on Jurisprudence to which was referred H.B. No.
2-36 575, have had the same under consideration, and I am instructed to
2-37 report it back to the Senate with the recommendation that it do
2-38 pass, as amended, and be printed.
2-39 Henderson,
2-40 Chairman
2-41 * * * * *
2-42 WITNESSES
2-43 No witnesses appeared on H.B. No. 575.