By:  Gutierrez                                        H.B. No. 1935
       73R6198 LJR-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of the consumer credit commissioner and
    1-3  to the regulation of certain consumer credit practices; providing
    1-4  penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Article 2.02A, Title 79, Revised Statutes
    1-7  (Article 5069-2.02A, Vernon's Texas Civil Statutes), is amended by
    1-8  adding Sections (12) and (13) to read as follows:
    1-9        (12)(a)  In addition to the authority given to the Consumer
   1-10  Credit Commissioner under this subtitle and in addition to the
   1-11  penalties provided by Chapter 8 of this subtitle that may be
   1-12  enforced by the Consumer Credit Commissioner, the Consumer Credit
   1-13  Commissioner may assess an administrative penalty against a person
   1-14  who wilfully and knowingly violates this subtitle, rules adopted by
   1-15  the Finance Commission, or Chapter 9 or 15 of this title.  The
   1-16  penalty may not exceed $1,000 per violation.  Each day a violation
   1-17  continues or occurs may be considered a separate violation for
   1-18  purposes of penalty assessments.  The aggregate amount of penalties
   1-19  that may be assessed against a person during one calendar year
   1-20  under this subsection may not exceed:
   1-21                    (i)  $5,000 per business location for violations
   1-22  an element of which occurred at that business location; or
   1-23                    (ii)  $50,000 if violations have been found at 11
   1-24  or more business locations.
    2-1              (b)  In determining the amount of an administrative
    2-2  penalty, the Consumer Credit Commissioner shall consider:
    2-3                    (i)  the seriousness of the violations, including
    2-4  the nature, circumstances, extent, and gravity of the prohibited
    2-5  acts;
    2-6                    (ii)  the extent of actual or potential harm to
    2-7  consumers;
    2-8                    (iii)  the history of violations, if any, during
    2-9  the preceding four years;
   2-10                    (iv)  the amount necessary to deter future
   2-11  violations;
   2-12                    (v)  efforts to correct the violations; and
   2-13                    (vi)  any other matter that justice may require.
   2-14              (c)  If, after investigation of a possible violation
   2-15  and the facts relating to that possible violation, the Consumer
   2-16  Credit Commissioner determines that a violation has occurred, the
   2-17  commissioner shall issue a preliminary report that states:
   2-18                    (i)  the facts on which the determination is
   2-19  based;
   2-20                    (ii)  that an administrative penalty is to be
   2-21  imposed; and
   2-22                    (iii)  the amount to be assessed.
   2-23              (d)  Not later than the 10th day after the date on
   2-24  which the Consumer Credit Commissioner issues the preliminary
   2-25  report, the Consumer Credit Commissioner shall send a copy of the
   2-26  report to the person charged with the violation, together with a
   2-27  statement of the right of the person to a hearing relating to the
    3-1  alleged violation and the amount of the penalty.
    3-2              (e)  Not later than the 20th day after the date on
    3-3  which the report is sent, the person charged may either make a
    3-4  written request for a hearing or may remit the amount of the
    3-5  administrative penalty to the Consumer Credit Commissioner.
    3-6  Failure to either request a hearing or remit the amount of the
    3-7  administrative penalty within the time provided by this subsection
    3-8  results in a waiver of a right to a hearing under this section.
    3-9              (f)  If the person charged with a violation accepts the
   3-10  determination of the Consumer Credit Commissioner, the Consumer
   3-11  Credit Commissioner shall issue an order approving the
   3-12  determination and ordering the payment of the recommended penalty.
   3-13              (g)  If the person charged requests a hearing, the
   3-14  hearing shall be conducted in the manner provided for a contested
   3-15  case hearing under the Administrative Procedure and Texas Register
   3-16  Act (Article 6252-13a, Vernon's Texas Civil Statutes) and its
   3-17  subsequent amendments.  If it is determined after hearing that the
   3-18  person has committed the alleged violation, the Consumer Credit
   3-19  Commissioner shall give written notice to the person of the
   3-20  findings established by the hearing and the amount of the penalty
   3-21  and shall enter an order requiring the person to pay the penalty.
   3-22              (h)  Within 30 days after the date the Consumer Credit
   3-23  Commissioner's notice is received, the person charged with the
   3-24  violation shall:
   3-25                    (i)  pay the amount of the penalty;
   3-26                    (ii)  pay the amount of the penalty and file a
   3-27  petition for judicial review contesting the fact of the violation,
    4-1  the amount of the penalty, or both the fact of the violation and
    4-2  the amount; or
    4-3                    (iii)  without paying the amount of the penalty,
    4-4  file a petition for judicial review contesting the fact of the
    4-5  penalty, the amount of the penalty, or both the fact of the penalty
    4-6  and the amount.
    4-7              (i)  Within the 30-day period, a person who acts under
    4-8  Subsection (h)(iii) of this section may:
    4-9                    (i)  stay enforcement of the penalty by:
   4-10                          (A)  paying the amount of the penalty to
   4-11  the court for placement in an escrow account; or
   4-12                          (B)  giving to the court a supersedeas bond
   4-13  that is in a form approved by the court for the amount of the
   4-14  penalty and that is effective until all judicial review of the
   4-15  order is final; or
   4-16                    (ii)  request the court to stay enforcement of
   4-17  the penalty by:
   4-18                          (A)  filing with the court a sworn
   4-19  affidavit of the person stating that the person is financially
   4-20  unable to pay the amount of the penalty and is financially unable
   4-21  to give the supersedeas bond; and
   4-22                          (B)  delivering a copy of the affidavit to
   4-23  the Consumer Credit Commissioner.
   4-24              (j)  The Consumer Credit Commissioner may file, with
   4-25  the court within five days after the date the copy of the affidavit
   4-26  under Subsection (i) of this section is received, a contest to the
   4-27  affidavit.  The court shall hold a hearing on the facts alleged in
    5-1  the affidavit as soon as practicable.  The person who files an
    5-2  affidavit has the burden of proving that the person is financially
    5-3  unable to pay the amount of the penalty and to give a supersedeas
    5-4  bond.
    5-5              (k)  If the person does not pay the amount of the
    5-6  penalty and the enforcement of the penalty is not stayed, the
    5-7  Consumer Credit Commissioner may refer the matter to the attorney
    5-8  general for enforcement.
    5-9              (l)  Judicial review of the order of the Consumer
   5-10  Credit Commissioner:
   5-11                    (i)  is instituted by filing a petition as
   5-12  provided by Section 19, Administrative Procedure and Texas Register
   5-13  Act (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   5-14  subsequent amendments; and
   5-15                    (ii)  is under the substantial evidence rule.
   5-16              (m)  If the person paid the amount of the penalty and
   5-17  if that amount is reduced or not assessed by the court, the court
   5-18  shall order that the appropriate amount plus accrued interest be
   5-19  remitted to the person.  The rate of the interest is the rate
   5-20  charged on loans to depository institutions by the New York Federal
   5-21  Reserve Bank, and the interest shall be paid for the period
   5-22  beginning on the date the penalty is paid and ending on the date
   5-23  the penalty is remitted.  If the person gave a supersedeas bond,
   5-24  the court shall order the release of the bond:
   5-25                    (i)  immediately, if the penalty is not assessed
   5-26  by the court; or
   5-27                    (ii)  on payment of the penalty in the amount
    6-1  determined by the court.
    6-2              (n)  A penalty collected under this section shall be
    6-3  deposited to the credit of the Office of the Consumer Credit
    6-4  Commissioner expense fund.  The administrative penalty authorized
    6-5  by this section is in addition to any other civil, administrative,
    6-6  or criminal penalty provided by law.
    6-7        (13)(a)  Except for a judgment or the negotiated settlement
    6-8  of a claim or action threatened or asserted by or on behalf of the
    6-9  Office of Consumer Credit Commissioner, the Consumer Credit
   6-10  Commissioner may not accept or use money offered by an individual,
   6-11  firm, partnership, corporation, or association:
   6-12                    (i)  for investigating or prosecuting a matter;
   6-13  or
   6-14                    (ii)  if the individual, firm, partnership,
   6-15  corporation, or association is affiliated with any industry under
   6-16  the regulatory jurisdiction of the Office of Consumer Credit
   6-17  Commissioner.
   6-18              (b)  This section does not prohibit the Consumer Credit
   6-19  Commissioner from receiving and using money from persons under the
   6-20  jurisdiction of the Consumer Credit Commissioner if expressly
   6-21  authorized by law.
   6-22              (c)  The Consumer Credit Commissioner may accept money,
   6-23  gifts, and grants on behalf of the state for purposes related to
   6-24  duties performed by the Consumer Credit Commissioner or for
   6-25  consumer credit educational opportunities, unless the acceptance is
   6-26  prohibited under law, including Subsection (a) of this section.
   6-27  Money received under this subsection shall be deposited in the
    7-1  general revenue fund to the credit of an account established for
    7-2  the receipt of those funds and may be appropriated only for the
    7-3  purposes for which the money was given.
    7-4        SECTION 2.  Section (7), Article 2.03, Title 79, Revised
    7-5  Statutes (Article 5069-2.03, Vernon's Texas Civil Statutes), is
    7-6  amended to read as follows:
    7-7        (7)  Whenever the Consumer Credit Commissioner has reasonable
    7-8  cause to believe that any person is violating any provisions of the
    7-9  statutes to which this Article applies he may in addition to all
   7-10  actions provided for, and without prejudice thereto, enter an order
   7-11  requiring such person to desist or to refrain from such violation.
   7-12  A person may appeal such an order to the Finance Commission.  The
   7-13  appeal must be made in accordance with the Administrative Procedure
   7-14  and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
   7-15  Statutes) and its subsequent amendments <rules adopted by the
   7-16  Finance Commission for that purpose>.  In addition to the order,
   7-17  the Commissioner may bring an action in any district court of this
   7-18  State having jurisdiction and venue, on the relation of the
   7-19  Attorney General at the request of the Commissioner, to enjoin such
   7-20  person from engaging in or continuing such violation or from doing
   7-21  any act or acts in furtherance thereof.  In any such action, an
   7-22  order or judgment may be entered awarding such preliminary or final
   7-23  injunction as may be deemed proper.  In addition to all other means
   7-24  provided by law for the enforcement of a restraining order or
   7-25  injunction, the court in which such action is brought shall have
   7-26  power and jurisdiction to impound, and to appoint a receiver for,
   7-27  the property and business of the defendant, including books,
    8-1  papers, documents, and records pertaining thereto or so much
    8-2  thereof as the court may deem reasonably necessary to prevent
    8-3  violations through or by means of the use of said property and
    8-4  business.  Such receiver, when appointed and qualified, shall have
    8-5  such powers and duties as he would have under Chapter 64, Civil
    8-6  Practice and Remedies Code.
    8-7        SECTION 3.  Article 2.06, Title 79, Revised Statutes (Article
    8-8  5069-2.06, Vernon's Texas Civil Statutes), is amended to read as
    8-9  follows:
   8-10        Art. 2.06.  ADVERTISING.  (1)  No person shall advertise or
   8-11  cause to be advertised, in any manner whatsoever, any false,
   8-12  misleading or deceptive statement or representation with regard to
   8-13  the rates, terms or conditions of any loan or credit transaction
   8-14  regulated by the statutes listed by Section (1), Article 2.02A of
   8-15  this title <Subtitle Two>.  If rates or charges are stated in
   8-16  advertising they shall be stated fully and clearly.
   8-17        (2)  A person may not advertise or otherwise perform any act
   8-18  or offer any service that would cause another to believe that the
   8-19  person is offering to make, arrange, or negotiate a loan or credit
   8-20  sale that is subject to the statutes listed by Section (1), Article
   8-21  2.02A, of this title unless the person is authorized to perform
   8-22  that act or offer that service as:
   8-23              (a)  a credit service organization under Chapter 18,
   8-24  Business & Commerce Code;
   8-25              (b)  a pawnbroker under the Texas Pawnshop Act (Article
   8-26  5069-51.01 et seq., Vernon's Texas Civil Statutes); or
   8-27              (c)  an authorized lender or a registered creditor
    9-1  under this subtitle.
    9-2        (3)  A person commits an offense if the person violates
    9-3  Section (2) of this article.  An offense under this section is a
    9-4  Class A misdemeanor.
    9-5        (4)  A person who violates Section (2) of this article also
    9-6  is subject to the penalties provided under Chapter 8 of this title
    9-7  and to any civil penalties that the Consumer Credit Commissioner
    9-8  may assess.
    9-9        (5)  In each advertisement that purports to offer credit
   9-10  subject to the statutes listed by Section (1), Article 2.02A, of
   9-11  this title, the advertiser shall disclose the legal or properly
   9-12  registered name of the advertiser and the physical address of the
   9-13  advertiser's place of business unless the advertisement is located
   9-14  on the premises of the advertiser's place of business.  This
   9-15  section does not apply to a federally insured depository
   9-16  institution or to a person engaged in interstate commerce who
   9-17  advertises under a generally recognized trade name, abbreviated
   9-18  form of a trade name, or logo.
   9-19        SECTION 4.  Article 2.07, Title 79, Revised Statutes (Article
   9-20  5069-2.07, Vernon's Texas Civil Statutes), is amended to read as
   9-21  follows:
   9-22        Art. 2.07.  CREDIT AND LOANS TO INDIVIDUALS.  No authorized
   9-23  lender <licensee> under Chapter 3 of this Title or other person
   9-24  involved in transactions subject to this Title may deny an
   9-25  individual who has the capacity to contract credit or loans in his
   9-26  or her name, or restrict or limit the credit or loan granted
   9-27  <solely> on the basis of sex, race, color, religion, <or> national
   10-1  origin, marital status, or age, or because all or a part of the
   10-2  individual's income derives from a public assistance program, or
   10-3  the individual has in good faith exercised any right under the
   10-4  federal Consumer Credit Protection Act (15 U.S.C.  Section 1601 et
   10-5  seq.; 18 U.S.C. Section 891 et seq.).  In interpreting this
   10-6  section, the courts and administrative agencies shall be guided by
   10-7  the federal Equal Credit Opportunity Act  and regulations
   10-8  thereunder and interpretations thereof by the Federal Reserve Board
   10-9  to the extent that that Act and those regulations and
  10-10  interpretations pertain to conduct prohibited by this section.
  10-11        SECTION 5.  Chapter 2, Title 79, Revised Statutes (Article
  10-12  5069-2.01 et seq., Vernon's Texas Civil Statutes), is amended by
  10-13  adding Articles 2.09, 2.10, and 2.11 to read as follows:
  10-14        Art. 2.09.  ORAL REPRESENTATIONS.  A lender, retail seller,
  10-15  or creditor conducting business under this subtitle, Chapter 15 of
  10-16  this title, or the Texas Pawnshop Act (Article 5069-51.01 et seq.,
  10-17  Vernon's Texas Civil Statutes), or such a person's agents or
  10-18  employees, may not make an oral representation to a prospective
  10-19  borrower or buyer that is at variance with or in any way
  10-20  contradicts the contents of any written loan note or agreement,
  10-21  pawn ticket, retail installment contract, or retail charge
  10-22  agreement that is executed or delivered by a party to evidence the
  10-23  loan or credit sale.
  10-24        Art. 2.10.  CERTAIN SALES OF PERSONAL PROPERTY.  (1)  Except
  10-25  as provided by Section (3) of this article, any sale or purported
  10-26  sale of personal property by a consumer is considered to be a loan
  10-27  if the buyer of the property agrees to lease the property to the
   11-1  consumer at lease payments that in the aggregate equal or exceed
   11-2  the price paid by the buyer or agrees to resell the property to the
   11-3  consumer for an amount that equals or exceeds the price paid by the
   11-4  buyer.  A transaction for the sale-leaseback of personal property
   11-5  in which a security deposit check equal to or exceeding the
   11-6  purchase price of the property is to be deposited if the consumer
   11-7  fails to exercise a purchase option or to pay rent is considered to
   11-8  be a loan.  All payments made or agreed to be made by the consumer
   11-9  to the buyer in excess of the price paid by the buyer are
  11-10  considered to be interest subject to this subtitle.
  11-11        (2)  A buyer's taking title to personal property or taking
  11-12  any security interest or lien in personal property in connection
  11-13  with a transaction described by this article is a deceptive trade
  11-14  practice under Subchapter E, Chapter 17, Business & Commerce Code,
  11-15  and the taking of title is void and no security interest or lien
  11-16  attaches as a result of the purported sale.
  11-17        (3)  This article applies to a sale or purported sale of
  11-18  personal property used by a consumer primarily for personal,
  11-19  family, or household purposes.  This article does not apply to a
  11-20  sale or purported sale of personal property used by a consumer
  11-21  primarily for business, commercial, investment, agricultural, or
  11-22  similar purposes.
  11-23        Art. 2.11.  DEPOSIT OF CERTAIN NEGOTIABLE INSTRUMENTS.  (1)
  11-24  A person engaged in the business of cashing checks, negotiable
  11-25  orders of withdrawal, or similar negotiable instruments who charges
  11-26  another person a fee or other compensation that exceeds 50 cents
  11-27  for cashing such an instrument shall deposit that instrument with a
   12-1  depository institution for collection not later than the next
   12-2  banking day after the date the check, negotiable order of
   12-3  withdrawal, or similar instrument is cashed.  The person may not
   12-4  cash a check, negotiable order of withdrawal, or other similar
   12-5  negotiable instrument that is not dated or that bears a date later
   12-6  than the date received.
   12-7        (2)  Except as provided by Section (3) of this article, if
   12-8  the check, negotiable order of withdrawal, or other similar
   12-9  negotiable instrument cashed is not deposited for immediate
  12-10  collection by the end of the next banking day after the date
  12-11  cashed, the cashing transaction is considered to be a loan of money
  12-12  subject to this subtitle and any fee or other compensation
  12-13  contracted for, charged, or received is considered interest.
  12-14        (3)  Section (2) of this article does not apply to a
  12-15  transaction if the person cashing the instrument demonstrates that:
  12-16              (a)  the deposit was delayed for not more than one
  12-17  additional banking day due to unforeseeable and unavoidable cause;
  12-18  or
  12-19              (b)  there was no agreement or understanding to delay
  12-20  deposit of the instrument and that the fee is comparable to fees
  12-21  charged by other persons in the community for typical cashing
  12-22  services that do not involve delayed deposits.
  12-23        (4)  A transaction considered to be a loan of money under
  12-24  Section (2) of this article is subject to penalties for usury under
  12-25  Chapter 8 of this title if the fee or other compensation exceeds
  12-26  the interest rate authorized by Article 1.02 of this title.
  12-27        (5)  A person who is engaged in the business of cashing
   13-1  personal checks, negotiable orders of withdrawal, or similar
   13-2  negotiable instruments and who charges another person a fee or
   13-3  other compensation that exceeds 50 cents for cashing such an
   13-4  instrument shall post a notice of a size that is not less than 10
   13-5  inches by 20 inches.  The form of the notice shall be prescribed by
   13-6  the Consumer Credit Commissioner and must include the Consumer
   13-7  Credit Commissioner's address and telephone number.  The notice
   13-8  must be posted prominently at each entrance to the person's place
   13-9  of business or at each window, counter, or other place where
  13-10  checks, negotiable orders of withdrawal, or similar negotiable
  13-11  instruments are cashed.  The notice must state:
  13-12        "NOTICE--TEXAS LAW REQUIRES US TO DEPOSIT YOUR CHECK
  13-13        DURING THE NEXT DAY OUR BANK IS OPEN FOR BUSINESS.  DO
  13-14        NOT ASK OR EXPECT US TO HOLD YOUR CHECK.  FOR MORE
  13-15        INFORMATION ABOUT THIS LAW CONTACT:  OFFICE OF TEXAS
  13-16        CONSUMER CREDIT COMMISSIONER."
  13-17  As an alternative, a check casher may satisfy the notice
  13-18  requirement if the person immediately presents the required notice
  13-19  on a legibly printed form to any person who makes an inquiry about
  13-20  possible delayed deposit of the check the person seeks to cash.
  13-21  The printed form must be not less than five inches by eight inches
  13-22  and shall be prescribed by the Consumer Credit Commissioner.
  13-23        SECTION 6.  Subsections (a) and (b), Article 6.01, Title 79,
  13-24  Revised Statutes (Article 5069-6.01, Vernon's Texas Civil
  13-25  Statutes), are amended to read as follows:
  13-26              (a)  "Goods" means all tangible personal property when
  13-27  purchased primarily for personal, family or household use and not
   14-1  for commercial or business use, including such property which is
   14-2  furnished or used at the time of sale or subsequently, in the
   14-3  modernization, rehabilitation, repair, alteration, improvement or
   14-4  construction of real property so as to become a part thereof
   14-5  whether or not severable therefrom.  The term also includes, but is
   14-6  not limited to, a structure, except a mobile home, to be used as a
   14-7  residence, any boat, boat-trailer, motor scooter, motor-assisted
   14-8  bicycle, motorcycle, trailer designed or intended to be pulled by,
   14-9  or to transport, a motor scooter, motor-assisted bicycle,
  14-10  motorcycle or all-terrain vehicle, recreational vehicles commonly
  14-11  known as travel trailers designed for temporary living
  14-12  accommodations, camper-type trailer, horse trailer, any vehicle
  14-13  propelled or drawn exclusively by muscular power, and merchandise
  14-14  certificates or coupons, issued by a retail seller, not redeemable
  14-15  in cash and to be used in their face amount in lieu of cash, in
  14-16  exchange for goods or services sold by such seller.
  14-17        The term does not include (i) money, things in action or
  14-18  intangible personal property, other than merchandise certificates
  14-19  or coupons as herein described; or (ii) any automobile, mobile
  14-20  home, truck, trailer, other than a trailer expressly included in
  14-21  the term semi-trailer, truck tractor or bus designed and used
  14-22  primarily to transport persons or property on a public highway; or
  14-23  (iii) any vehicle designed to run only on rails or tracks or in the
  14-24  air, as defined in Chapter 7 of this Subtitle;   or (iv) any goods
  14-25  which are authorized to be and are included in a contract subject
  14-26  to Chapter 7 of this Subtitle.
  14-27              (b)  "Services" means work, labor, or services of any
   15-1  kind when purchased primarily for personal, family or household use
   15-2  and not for commercial or business use, and includes a maintenance
   15-3  or service contract or agreement or warranty, but does not include
   15-4  (i) the services, other than medical and dental services, of a
   15-5  professional person licensed by the State except when those
   15-6  services are rendered in connection with the purchase of goods; or
   15-7  (ii) services for which the cost is by law fixed or approved by, or
   15-8  filed with or subject to approval or disapproval by the United
   15-9  States or the State of Texas, or any agency, instrumentality or
  15-10  subdivision thereof; or (iii) educational services provided by an
  15-11  accredited college or university or a primary or secondary school
  15-12  providing education required by the State of Texas or services of a
  15-13  kindergarten or nursery school; (iv) any services which are
  15-14  authorized to be and are included in a contract subject to Chapter
  15-15  7 of this Subtitle; or (v) any <medical or> legal services.
  15-16        SECTION 7.  Sections (2) and (3), Article 6.02, Title 79,
  15-17  Revised Statutes (Article 5069-6.02, Vernon's Texas Civil
  15-18  Statutes), are amended to read as follows:
  15-19        (2)  The printed or typed portion of the contract, other than
  15-20  instructions for completion, shall be in a size equal to at least
  15-21  eight-point type.  The contract shall be designated "Retail
  15-22  Installment Contract" and shall contain substantially the following
  15-23  notice printed or typed in a size equal to at least ten-point
  15-24  <bold> type that is boldfaced, capitalized, underlined, or
  15-25  otherwise set out from surrounding written material so as to be
  15-26  conspicuous:
  15-27        "NOTICE TO THE BUYER.  DO NOT SIGN THIS CONTRACT BEFORE
   16-1        YOU READ IT OR IF IT CONTAINS BLANK SPACES.  YOU ARE
   16-2        ENTITLED TO A COPY OF THE CONTRACT YOU SIGN.  UNDER THE
   16-3        LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL
   16-4        AMOUNT DUE AND UNDER CERTAIN CONDITIONS MAY OBTAIN A
   16-5        PARTIAL REFUND OF THE FINANCE CHARGE.  KEEP THIS
   16-6        CONTRACT TO PROTECT YOUR LEGAL RIGHTS."
   16-7        (3)  The retail seller shall deliver to the retail buyer, or
   16-8  mail to him at his address shown on the retail installment
   16-9  contract, a copy of the contract as accepted by the seller.  Until
  16-10  the seller does so, a buyer, who has not received delivery of the
  16-11  goods or been furnished or rendered the services, shall have the
  16-12  right to rescind the contract and to receive a refund of all
  16-13  payments made and return of all goods traded in to the seller on
  16-14  account of or in contemplation of the contract, or if such goods
  16-15  cannot be returned, the trade-in allowance thereof.  Any
  16-16  acknowledgement by the buyer of delivery of a copy of the contract
  16-17  shall be in a size equal to at least ten-point <bold> type that is
  16-18  boldfaced, capitalized, underlined, or otherwise set out from
  16-19  surrounding written material so as to be conspicuous and, if
  16-20  contained in the contract, shall appear directly above the buyer's
  16-21  signature.
  16-22        SECTION 8.  Section (1), Article 6.03, Title 79, Revised
  16-23  Statutes (Article 5069-6.03, Vernon's Texas Civil Statutes), is
  16-24  amended to read as follows:
  16-25        (1)  A retail charge agreement may be established by a seller
  16-26  or credit card issuer upon the request of a buyer or prospective
  16-27  buyer.  The retail charge agreement shall be in writing and signed
   17-1  by the buyer.  A copy of such agreement executed on or after the
   17-2  effective date of this Chapter shall be delivered or mailed to the
   17-3  buyer prior to the date on which the first payment is due
   17-4  thereunder.  Any acknowledgment by the buyer of delivery of a copy
   17-5  of the agreement contained in the body thereof shall be in a size
   17-6  equal to at least ten-point <bold> type that is boldfaced,
   17-7  capitalized, underlined, or otherwise set out from surrounding
   17-8  written material so as to be conspicuous and shall appear directly
   17-9  above the buyer's signature.  No agreement executed on or after the
  17-10  effective date of this Chapter shall be signed by the buyer when it
  17-11  contains blank spaces to be filled in after it has been signed.
  17-12  The buyer's acknowledgment, conforming to the requirements of this
  17-13  section, of delivery of a copy of an agreement, shall be
  17-14  presumptive proof, in any action or proceeding, of such delivery
  17-15  and that the agreement, when signed, did not contain any blank
  17-16  spaces as herein provided.  If no copy of the agreement is retained
  17-17  by the seller, a notation in his permanent record showing that such
  17-18  agreement was mailed and the date of mailing shall serve as
  17-19  presumptive proof of such mailing.  Any such agreement shall
  17-20  contain substantially the following notice printed or typed in a
  17-21  size equal to at least ten-point <bold> type that is boldfaced,
  17-22  capitalized, underlined, or otherwise set out from surrounding
  17-23  written material so as to be conspicuous:
  17-24        "NOTICE TO THE BUYER--DO NOT SIGN THIS AGREEMENT BEFORE
  17-25        YOU READ IT OR IF IT CONTAINS BLANK SPACES.  YOU ARE
  17-26        ENTITLED TO A COPY OF THE AGREEMENT YOU SIGN.  KEEP
  17-27        THIS AGREEMENT TO PROTECT YOUR LEGAL RIGHTS."
   18-1        SECTION 9.  Chapter 6, Title 79, Revised Statutes (Article
   18-2  5069-6.01 et seq., Vernon's Texas Civil Statutes), is amended by
   18-3  adding Article 6.12 to read as follows:
   18-4        Art. 6.12.  RATES FOR MEDICAL AND DENTAL SERVICES.  Medical
   18-5  or dental services may be financed at rates authorized by Article
   18-6  1.04 of this title.
   18-7        SECTION 10.  Section (1), Article 6.06, Title 79, Revised
   18-8  Statutes (Article 5069-6.06, Vernon's Texas Civil Statutes), is
   18-9  amended to read as follows:
  18-10        (1)  A seller who has entered into a retail installment
  18-11  transaction to perform services or install goods for the
  18-12  modernization, rehabilitation, repair, alteration, improvement or
  18-13  construction of improvements on real property shall obtain a
  18-14  certificate of completion or certificate of satisfaction
  18-15  (hereinafter designated "certificate") signed by the buyer, when
  18-16  all such goods and/or services purchased under a retail installment
  18-17  contract have been performed or installed as required by such
  18-18  contract; and may obtain such a certificate whether or not any
  18-19  guarantee or warranty of the goods or services remains in force.
  18-20  Such certificate shall be a separate writing and shall have the
  18-21  following notation at the top thereof in at least ten-point <bold>
  18-22  type that is boldfaced, capitalized, underlined, or otherwise set
  18-23  out from surrounding written material so as to be conspicuous:
  18-24        WARNING TO BUYER--DO NOT SIGN THIS CERTIFICATE UNTIL
  18-25        ALL SERVICES HAVE BEEN SATISFACTORILY PERFORMED AND
  18-26        MATERIALS SUPPLIED OR GOODS RECEIVED AND FOUND
  18-27        SATISFACTORY.
   19-1        SECTION 11.  Article 6.07, Title 79, Revised Statutes
   19-2  (Article 5069-6.07, Vernon's Texas Civil Statutes), is amended to
   19-3  read as follows:
   19-4        Art. 6.07.  Assignment and negotiation.  Notwithstanding the
   19-5  provisions of any other law, a person may purchase or acquire or
   19-6  agree to purchase or acquire any retail installment contract or
   19-7  retail charge agreement or any outstanding balance under either
   19-8  from another person on such terms and conditions and for such price
   19-9  as may be mutually agreed upon.  Notice to the buyer of the
  19-10  assignment or negotiation and any requirement that the seller be
  19-11  deprived of dominion over payments upon a retail installment
  19-12  contract or retail charge agreement, or over the goods if returned
  19-13  to or repossessed by the seller, is not necessary to the validity
  19-14  of a written assignment or negotiation of the retail installment
  19-15  contract or retail charge agreement or any outstanding balance
  19-16  under either, as against creditors, subsequent purchasers, pledges,
  19-17  mortgagees and lien claimants of the seller.  Unless the buyer has
  19-18  notice of the assignment or negotiation of his retail installment
  19-19  contract, retail charge agreement or any outstanding balance under
  19-20  either, payment therefor made by the buyer to the holder last known
  19-21  to him shall be binding upon all subsequent holders.  No right of
  19-22  action or defense of a buyer arising out of a retail installment
  19-23  transaction which would be cut off by negotiation, shall be cut off
  19-24  by negotiation of the retail installment contract or retail charge
  19-25  agreement to any third party unless such holder acquires the
  19-26  contract relying in good faith upon a certificate of completion or
  19-27  certificate of satisfaction, if required by the provisions of
   20-1  Article 6.06;   and such holder gives notice of the negotiation to
   20-2  the buyer as provided in this Article, and within thirty days of
   20-3  the mailing of such notice receives no written notice from the
   20-4  buyer of any facts giving rise to any claim or defense of the
   20-5  buyer.  Such notice of negotiation shall be in writing addressed to
   20-6  the buyer at the address shown on the contract and shall:  identify
   20-7  the contract; state the names and addresses of the seller and
   20-8  buyer; describe the goods or services; state the time balance and a
   20-9  description of the payment schedule.  The notice of negotiation
  20-10  shall contain the following warning to the buyer in at least
  20-11  ten-point <bold face> type that is boldfaced, capitalized,
  20-12  underlined, or otherwise set out from surrounding written material
  20-13  so as to be conspicuous:
  20-14        ARE THE TERMS OF THE CONTRACT DESCRIBED ABOVE CORRECT
  20-15        AND ARE YOU SATISFIED WITH THE GOODS OR SERVICES
  20-16        FURNISHED?  IF NOT, YOU SHOULD NOTIFY US GIVING DETAILS
  20-17        WITHIN 30 DAYS FROM THE DATE THE ABOVE NOTICE WAS
  20-18        MAILED.
  20-19        SECTION 12.  Section (b), Article 6.10, Title 79, Revised
  20-20  Statutes (Article 5069-6.10, Vernon's Texas Civil Statutes), is
  20-21  amended to read as follows:
  20-22        (b)  Preliminary worksheets that are shown to the buyer in
  20-23  which a sale price is computed, an order from the buyer, and the
  20-24  retail installment contract must include, in reasonable proximity
  20-25  to the place in the worksheet, order, or contract where the
  20-26  documentary fee is disclosed, the amount of the fee and the
  20-27  following notice in <bold-faced> type that is boldfaced,
   21-1  capitalized, underlined, or otherwise set out from surrounding
   21-2  written material so as to be conspicuous:
   21-3        "A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE.  A
   21-4        DOCUMENTARY FEE <AND> IS NOT REQUIRED BY LAW, BUT MAY
   21-5        BE CHARGED TO BUYERS <A BUYER> FOR <THE> HANDLING <OF>
   21-6        DOCUMENTS AND <THE> PERFORMING <OF> SERVICES RELATING
   21-7        <RELATED> TO THE CLOSING OF A SALE.  BUYERS <A BUYER>
   21-8        MAY AVOID PAYMENT OF THE FEE TO THE SELLER BY HANDLING
   21-9        THE <THESE> DOCUMENTS AND PERFORMING THE <THESE>
  21-10        SERVICES RELATING TO THE CLOSING OF THE SALE.  A
  21-11        DOCUMENTARY  FEE MAY NOT EXCEED $25.  THIS NOTICE IS
  21-12        REQUIRED BY LAW."
  21-13        SECTION 13.  Subsection (d), Article 7.01, Title 79, Revised
  21-14  Statutes (Article 5069-7.01, Vernon's Texas Civil Statutes), is
  21-15  amended to read as follows:
  21-16              (d)  "Retail Installment Transaction" or "Transaction"
  21-17  means any transaction as a result of which a retail buyer acquires
  21-18  a motor vehicle from a retail seller <under a retail installment
  21-19  contract for a sum consisting of the cash sale price and other
  21-20  charges as limited by this Chapter> and agrees with a retail seller
  21-21  to pay part or all of the cash sale price <such sum> in one or more
  21-22  deferred installments.  All such transactions shall be under a
  21-23  retail installment contract and be subject to the provisions of
  21-24  this chapter.  The term shall include every transaction wherein the
  21-25  promise or agreement to pay the deferred balance of the cash sale
  21-26  price <such sum> is made by the retail buyer to the retail seller
  21-27  notwithstanding the existence or occurrence of any one or more of
   22-1  the following events:  (i) that the retail seller has arranged or
   22-2  arranges to sell, transfer or assign the retail buyer's obligation;
   22-3  (ii) that the amount of any <the> charges is determined by
   22-4  reference to charts or information furnished by a financing
   22-5  institution; (iii) that the forms of instruments used to evidence
   22-6  the retail installment transaction are furnished by a financing
   22-7  institution; and (iv) that the credit standing of the retail buyer
   22-8  is or has been evaluated by a financing institution.
   22-9        SECTION 14.  Sections (2)-(4), Article 7.02, Title 79,
  22-10  Revised Statutes (Article 5069-7.02, Vernon's Texas Civil
  22-11  Statutes), are amended to read as follows:
  22-12        (2)  The printed portion of the retail installment contract,
  22-13  other than instructions for completion, shall be in a size equal to
  22-14  at least eight-point type.  Such contract shall contain
  22-15  substantially the following notice in a size equal to at least
  22-16  ten-point <bold> type that is boldfaced, capitalized, underlined,
  22-17  or otherwise set out from surrounding written material so as to be
  22-18  conspicuous:
  22-19        "NOTICE TO THE BUYER--DO NOT SIGN THIS CONTRACT BEFORE
  22-20        YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES.  YOU
  22-21        ARE ENTITLED TO A COPY OF THE CONTRACT YOU SIGN.  UNDER
  22-22        THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE
  22-23        FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS MAY OBTAIN
  22-24        A PARTIAL REFUND OF THE FINANCE CHARGE.  KEEP THIS
  22-25        CONTRACT TO PROTECT YOUR LEGAL RIGHTS."
  22-26        (3)  A retail installment contract or separate written
  22-27  statement shall also contain, in a size equal to at least ten-point
   23-1  <bold> type that is boldfaced, capitalized, underlined, or
   23-2  otherwise set out from surrounding written material so as to be
   23-3  conspicuous, a specific statement that liability insurance coverage
   23-4  for bodily injury and property damage caused to others is not
   23-5  included, if that is the case.
   23-6        (4)  The seller shall deliver to the buyer, or mail to him at
   23-7  his address shown on the retail installment contract, a copy of
   23-8  such contract as accepted by the seller.  Until the seller does so,
   23-9  a buyer who has not received delivery of the motor vehicle shall
  23-10  have the right to rescind his contract and to receive a refund of
  23-11  all payments made and a return of all goods traded in to the seller
  23-12  on account of or in contemplation of such contract, or if the goods
  23-13  traded in cannot be returned, the value thereof.  Any
  23-14  acknowledgment by the buyer of delivery of a copy of the retail
  23-15  installment contract shall be in a size equal to at least ten-point
  23-16  <bold> type that is boldfaced, capitalized, underlined, or
  23-17  otherwise set out from surrounding written material so as to be
  23-18  conspicuous and shall appear directly above the buyer's signature.
  23-19        SECTION 15.  Article 8.03, Title 79, Revised Statutes
  23-20  (Article 5069-8.03, Vernon's Texas Civil Statutes), is amended to
  23-21  read as follows:
  23-22        Art. 8.03.  Engaging in lending business without license.  In
  23-23  addition to the foregoing penalties, if applicable, any person
  23-24  engaging in any business under the scope of Chapters 3, 4, <or> 5,
  23-25  or 15 of this Subtitle  without first securing a license provided,
  23-26  or without the authorization prescribed, in such Chapter shall be
  23-27  guilty of a misdemeanor and upon conviction thereof shall be
   24-1  punishable by a fine of not more than One Thousand Dollars, and
   24-2  each such loan made without the authority granted by such license
   24-3  shall constitute a separate offense punishable hereunder; and in
   24-4  addition such person shall forfeit all principal and charges
   24-5  contracted for or collected on each such loan, and shall pay
   24-6  reasonable attorneys' fees incurred by the obligor.
   24-7        SECTION 16.  Section (a), Article 8.06, Title 79, Revised
   24-8  Statutes (Article 5069-8.06, Vernon's Texas Civil Statutes), is
   24-9  amended to read as follows:
  24-10        (a)  Any person who violates the terms of Article 2.07 of
  24-11  this Title is liable to the aggrieved individual for the actual
  24-12  damages caused by the denial, punitive damages not to exceed
  24-13  $10,000 in an action brought by the aggrieved individual, <or for
  24-14  $50.00, whichever is greater,> and court costs.  The liability of
  24-15  any person under this article for a violation of Article 2.07 of
  24-16  this Title is in lieu of and not in addition to that person's
  24-17  liability under the federal Consumer Credit Protection Act, Title
  24-18  VII (15 U.S.C. Section 1601 et seq.).  If the same act or omission
  24-19  constitutes a violation of Article 2.07 of this Title and of
  24-20  applicable federal law, the person aggrieved by that conduct may
  24-21  bring a legal action to recover monetary damages either under this
  24-22  article or under that federal law, but not both.
  24-23        SECTION 17.  This Act applies only to acts done and
  24-24  transactions entered into on or after the effective date of this
  24-25  Act.  Transactions entered into before the effective date of this
  24-26  Act are governed by the law in effect immediately before this Act
  24-27  takes effect and that law continues in effect for that purpose.
   25-1        SECTION 18.  This Act takes effect September 1, 1993.
   25-2        SECTION 19.  The importance of this legislation and the
   25-3  crowded condition of the calendars in both houses create an
   25-4  emergency and an imperative public necessity that the
   25-5  constitutional rule requiring bills to be read on three several
   25-6  days in each house be suspended, and this rule is hereby suspended.