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 2-26 ------------------------------------------------------------------- 2-27 Name: D. R. (Rod) Malone x 2-28 Representing: Boating Trades Assoc. of Tx 2-29 City: Austin 2-30 ------------------------------------------------------------------- 2-31 Name: Jerry Keesee x 2-32 Representing: Tx Recreational Vehicle Assn. 2-33 City: Austin 2-34 ------------------------------------------------------------------- 2-35 Name: Gene Fondren x 2-36 Representing: Tx Automobile Dealers Assn. 2-37 City: Austin 2-38 -------------------------------------------------------------------