1-1  By:  Eckels (Senate Sponsor - Parker)                 H.B. No. 2218
    1-2        (In the Senate - Received from the House April 21, 1993;
    1-3  April 21, 1993, read first time and referred to Committee on
    1-4  Economic Development; May 11, 1993, reported favorably by the
    1-5  following vote:  Yeas 8, Nays 0; May 11, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Parker             x                               
    1-9        Lucio              x                               
   1-10        Ellis              x                               
   1-11        Haley              x                               
   1-12        Harris of Dallas                              x    
   1-13        Harris of Tarrant  x                               
   1-14        Leedom                                        x    
   1-15        Madla              x                               
   1-16        Rosson             x                               
   1-17        Shapiro                                       x    
   1-18        Wentworth          x                               
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the conduct of certain business or commercial
   1-22  transactions.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Subsections (a) and (b), Article 6.10, Title 79,
   1-25  Revised Statutes (Article 5069-6.10, Vernon's Texas Civil Statutes)
   1-26  are amended to read as follows:
   1-27        (a)  A seller may charge a documentary fee for services
   1-28  rendered to, for, or on behalf of a retail buyer in preparing,
   1-29  handling, and processing documents relating to, and closing a
   1-30  retail installment transaction involving, a motor cycle, a
   1-31  motor-driven cycle, moped, <or> all-terrain vehicle, a boat, boat
   1-32  motor, boat trailer, or towable recreational vehicle.  If the
   1-33  documentary fee is charged:
   1-34              (1)  it must be charged to both cash and credit buyers;
   1-35              (2)  it may not exceed $50 <25>; and
   1-36              (3)  it must be disclosed on the retail installment
   1-37  contract as a separate itemized charge.
   1-38        (b)  Preliminary worksheets that are shown to the buyer in
   1-39  which a sale price is computed, an order from the buyer, and the
   1-40  retail installment contract must include, in reasonable proximity
   1-41  to the place in the worksheet, order, or contract where the
   1-42  documentary fee is disclosed, the amount of the fee and the
   1-43  following notice in bold-faced type:
   1-44  "A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE AND IS NOT REQUIRED BY
   1-45  LAW, BUT MAY BE CHARGED TO A BUYER FOR THE HANDLING OF DOCUMENTS
   1-46  AND THE PERFORMING OF SERVICES RELATED TO THE CLOSING OF A SALE.  A
   1-47  BUYER MAY AVOID PAYMENT OF THE FEE BY HANDLING THESE DOCUMENTS AND
   1-48  PERFORMING THESE SERVICES.  A DOCUMENTARY FEE MAY NOT EXCEED $50
   1-49  <25>.  THIS NOTICE IS REQUIRED BY LAW."
   1-50        SECTION 2.  The importance of this legislation and the
   1-51  crowded condition of the calendars in both houses create an
   1-52  emergency and an imperative public necessity that the
   1-53  constitutional rule requiring bills to be read on three several
   1-54  days in each house be suspended, and this rule is hereby suspended,
   1-55  and that this Act take effect and be in force from and after its
   1-56  passage, and it is so enacted.
   1-57                               * * * * *
   1-58                                                         Austin,
   1-59  Texas
   1-60                                                         May 11, 1993
   1-61  Hon. Bob Bullock
   1-62  President of the Senate
   1-63  Sir:
   1-64  We, your Committee on Economic Development to which was referred
   1-65  H.B. No. 2218, have had the same under consideration, and I am
   1-66  instructed to report it back to the Senate with the recommendation
   1-67  that it do pass and be printed.
   1-68                                                         Parker,
    2-1  Chairman
    2-2                               * * * * *
    2-3                               WITNESSES
    2-4                                                  FOR   AGAINST  ON
    2-5  ___________________________________________________________________
    2-6  Name:  Pamela Brown                                      X
    2-7  Representing:  Consumers Union
    2-8  City:  Austin
    2-9  -------------------------------------------------------------------
   2-10  Name:  John Kuhl                                 x
   2-11  Representing:  Boating Trades Assn of Houston
   2-12  City:  Austin
   2-13  -------------------------------------------------------------------