74R8582 E
By Giddings H.B. No. 860
Substitute the following for H.B. No. 860:
By Giddings C.S.H.B. No. 860
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the furnishing of certain credit information by certain
1-3 lessors and used vehicle dealers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 20, Title 132, Revised Statutes, is
1-6 amended by adding Article 9017 to read as follows:
1-7 Art. 9017. REPORTING CREDIT INFORMATION TO CREDIT REPORTING
1-8 BUREAU
1-9 Sec. 1. DEFINITIONS. In this article:
1-10 (1) "Consumer lease" has the meaning assigned by
1-11 Section 2A.103, Business & Commerce Code.
1-12 (2) "Credit reporting bureau" means a person or
1-13 organization engaged in the practice of assembling or reporting
1-14 credit information on individuals for the purpose of furnishing
1-15 that information to third parties.
1-16 (3) "First sale" has the meaning assigned by Section
1-17 7, Certificate of Title Act (Article 6687-1, Vernon's Texas Civil
1-18 Statutes).
1-19 (4) "Light truck," "motorcycle," and "passenger car"
1-20 have the meanings assigned by Section 2, Uniform Act Regulating
1-21 Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes).
1-22 (5) "Person" means an individual, association, or
1-23 corporation.
1-24 (6) "Credit information" means information concerning
2-1 a person's timely and sufficient payment history under a contract
2-2 for credit or other information relating to the person's
2-3 performance under the contract.
2-4 (7) "Used vehicle dealer" means a person in the
2-5 business of the retail sale of light trucks, motorcycles, or
2-6 passenger cars that have been the subject of a first sale in this
2-7 state, another state, or another country.
2-8 Sec. 2. APPLICATION OF ARTICLE TO LEASES. This article
2-9 applies only to the following leases:
2-10 (1) a consumer lease for a term of seven days or more;
2-11 or
2-12 (2) a lease of a light truck, motorcycle, or passenger
2-13 car for a term of 180 days or more.
2-14 Sec. 3. REPORT OF CREDIT INFORMATION TO CREDIT REPORTING
2-15 BUREAU. A used vehicle dealer, a lessor engaged in the business of
2-16 leasing a light truck, motorcycle, or passenger car to the public,
2-17 or a lessor under a consumer lease, who as a creditor under a
2-18 contract for credit or lessor under a lease furnishes to a credit
2-19 reporting bureau any credit information about any individual who
2-20 contracts with the used vehicle dealer or lessor, shall furnish to
2-21 the bureau all credit information about all individuals who
2-22 contract with the used vehicle dealer or lessor that arises from
2-23 the contracts.
2-24 Sec. 4. REINVESTIGATION OF DISPUTED INFORMATION. Any person
2-25 reporting credit information under this article shall:
2-26 (1) designate one or more persons to receive and
2-27 process requests from the credit reporting bureau regarding the
3-1 reverification of information; and
3-2 (2) respond to requests made by the credit reporting
3-3 bureau in a timely manner.
3-4 SECTION 2. This Act takes effect September 1, 1995.
3-5 SECTION 3. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.