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
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2-10 Name: John Kuhl x
2-11 Representing: Boating Trades Assn of Houston
2-12 City: Austin
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