1-1  By:  Parker                                           S.B. No. 1075
    1-2        (In the Senate - Filed March 12, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Economic Development;
    1-4  March 30, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 1; March 30, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Parker             x                               
   1-10        Lucio              x                               
   1-11        Ellis                                          x   
   1-12        Haley              x                               
   1-13        Harris of Dallas   x                               
   1-14        Harris of Tarrant  x                               
   1-15        Leedom             x                               
   1-16        Madla              x                               
   1-17        Rosson                     x                       
   1-18        Shapiro            x                               
   1-19        Wentworth          x                               
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 1075                  By:  Parker
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to payment of fees for registration and licensing under
   1-24  Title 79, Revised Statutes.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Article 8.01, Title 79, Revised Statutes (Article
   1-27  5069-8.01, Vernon's Texas Civil Statutes), is amended by adding
   1-28  Section (i) to read as follows:
   1-29        (i)  Any person who has or obtains a registration or license
   1-30  required by this Title, which registration or license was obtained
   1-31  at any time after the date on which the registration or license was
   1-32  required, may pay to the Consumer Credit Commissioner all
   1-33  registration or license fees that should have been paid pursuant to
   1-34  this Title for any and all prior years, plus a late filing fee
   1-35  pursuant to this section.  In the case of a person who has or
   1-36  obtains a registration, the late filing fee shall be $250 except
   1-37  that, if the person renews a registration within 30 days after the
   1-38  due date, there shall be no penalty.  If a person pays the required
   1-39  registration fees for the prior periods and the late filing fee,
   1-40  the person shall be deemed for all purposes to have had the
   1-41  required registration for the periods for which the registration
   1-42  fees have been paid.  In the case of a person who has or obtains a
   1-43  license, the late filing fee shall be $10,000 except that if the
   1-44  person previously had a license and the prior license was in good
   1-45  standing at the time of its lapse, and the person renews such
   1-46  license within 180 days of its lapse, the late filing fee shall be
   1-47  $1,000.  If a person has or obtains a license and pays the required
   1-48  license fees for prior periods and the late filing fee, the person
   1-49  shall be deemed for all purposes to have had the required license
   1-50  for such periods but only as to loans as to which the person has
   1-51  not contracted for, charged, or received interest in excess of that
   1-52  which would be allowed under Article 1.04(a) as modified by Article
   1-53  1.04(b) of this Title.  A person who is deemed to have had a
   1-54  registration or license pursuant to this section shall not be
   1-55  subject to any liability, forfeiture, or penalty under this Title
   1-56  or other law, other than as set forth in this section, resulting
   1-57  from or relating to the fact that the person did not have the
   1-58  registration or license at or during the earlier periods for which
   1-59  the required registration or license fees and late filing fee, as
   1-60  provided in this section, have since been paid.  The acquisition of
   1-61  the registration or license and payment of the filing fees and late
   1-62  filing fee by a person shall also inure to the benefit of that
   1-63  person's employees, agents, employers, representatives,
   1-64  predecessors, successors, and assigns but not to the benefit of any
   1-65  other person who should have been licensed under this Title.
   1-66        SECTION 2.  The importance of this legislation and the
   1-67  crowded condition of the calendars in both houses create an
   1-68  emergency and an imperative public necessity that the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended,
    2-3  and that this Act take effect and be in force from and after its
    2-4  passage, and it is so enacted.
    2-5                               * * * * *
    2-6                                                         Austin,
    2-7  Texas
    2-8                                                         March 30, 1993
    2-9  Hon. Bob Bullock
   2-10  President of the Senate
   2-11  Sir:
   2-12  We, your Committee on Economic Development to which was referred
   2-13  S.B. No. 1075, have had the same under consideration, and I am
   2-14  instructed to report it back to the Senate with the recommendation
   2-15  that it do not pass, but that the Committee Substitute adopted in
   2-16  lieu thereof do pass and be printed.
   2-17                                                         Parker,
   2-18  Chairman
   2-19                               * * * * *
   2-20                               WITNESSES
   2-21                                                  FOR   AGAINST  ON
   2-22  ___________________________________________________________________
   2-23  Name:  William Daniel                            x
   2-24  Representing:  John Deere Credit Co.
   2-25  City:  Austin
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   2-27  Name:  D. R. (Rod) Malone                        x
   2-28  Representing:  Boating Trades Assoc. of Tx
   2-29  City:  Austin
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   2-31  Name:  Jerry Keesee                              x
   2-32  Representing:  Tx Recreational Vehicle Assn.
   2-33  City:  Austin
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   2-35  Name:  Gene Fondren                              x
   2-36  Representing:  Tx Automobile Dealers Assn.
   2-37  City:  Austin
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