S.B. No. 1075
AN ACT
1-1 relating to payment of fees for registration and licensing under
1-2 Title 79, Revised Statutes.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 8.01, Title 79, Revised Statutes (Article
1-5 5069-8.01, Vernon's Texas Civil Statutes), is amended by adding
1-6 Section (i) to read as follows:
1-7 (i) Any person who has or obtains a registration or license
1-8 required by this Title, which registration or license was obtained
1-9 at any time after the date on which the registration or license was
1-10 required, may pay to the Consumer Credit Commissioner all
1-11 registration or license fees that should have been paid pursuant to
1-12 this Title for any and all prior years, plus a late filing fee
1-13 pursuant to this section. In the case of a person who has or
1-14 obtains a registration, the late filing fee shall be $250 except
1-15 that, if the person renews a registration within 30 days after the
1-16 due date, there shall be no penalty. If a person pays the required
1-17 registration fees for the prior periods and the late filing fee,
1-18 the person shall be deemed for all purposes to have had the
1-19 required registration for the periods for which the registration
1-20 fees have been paid. In the case of a person who has or obtains a
1-21 license, the late filing fee shall be $10,000 except that if the
1-22 person previously had a license and the prior license was in good
1-23 standing at the time of its expiration, and the person renews such
2-1 license within 180 days of its expiration, the late filing fee
2-2 shall be $1,000. If a person renews an expired license by payment
2-3 of the license and late filing fees, the person shall be deemed for
2-4 all purposes to have held the required license as if it had not
2-5 expired. If a person has or obtains a license and pays the
2-6 required license fees for prior periods and the late filing fee,
2-7 the person shall be deemed for all purposes to have had the
2-8 required license for such periods but only as to loans as to which
2-9 the person has not contracted for, charged, or received interest in
2-10 excess of that which would be allowed under Article 1.04(a) as
2-11 modified by Article 1.04(b) of this Title. A person who is deemed
2-12 to have had a registration or license pursuant to this section
2-13 shall not be subject to any liability, forfeiture, or penalty under
2-14 this Title or other law, other than as set forth in this section,
2-15 resulting from or relating to the fact that the person did not have
2-16 the registration or license at or during the earlier periods for
2-17 which the required registration or license fees and late filing
2-18 fee, as provided in this section, have since been paid. The
2-19 acquisition of the registration or license and payment of the
2-20 filing fees and late filing fee by a person shall also inure to the
2-21 benefit of that person's employees, agents, employers,
2-22 representatives, predecessors, successors, and assigns but not to
2-23 the benefit of any other person who should have been licensed under
2-24 this Title.
2-25 SECTION 2. This Act does not apply to any certified class
3-1 action which was pending as of March 12, 1993. With respect to any
3-2 lawsuit other than a class action described in the preceding
3-3 sentence, this Act does not affect the claim of any person who
3-4 filed a pleading on or before March 12, 1993, which asserted the
3-5 claim in such other lawsuit.
3-6 SECTION 3. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended,
3-11 and that this Act take effect and be in force from and after its
3-12 passage, and it is so enacted.