H.B. No. 1227
    1-1                                AN ACT
    1-2  relating to repossession of a motor vehicle for repair charges.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 70.001, Property Code, is amended by
    1-5  amending Subsections (b), (e), and (f) and adding Subsection (g) to
    1-6  read as follows:
    1-7        (b)  If a worker relinquishes possession of a motor vehicle,
    1-8  motorboat, vessel, or outboard motor in return for a check or money
    1-9  order <written order for payment> on which payment is stopped, has
   1-10  been dishonored because of insufficient funds, no funds or because
   1-11  the drawer or maker of the order has no account or the account upon
   1-12  which it was drawn has been closed, the lien provided by this
   1-13  section continues to exist and the worker is entitled to possession
   1-14  of the vehicle, motorboat, vessel, or outboard motor until the
   1-15  amount due is paid, unless the vehicle, motorboat, vessel, or
   1-16  outboard motor is possessed by a person who became a bona fide
   1-17  purchaser of the vehicle after a stop payment order was made.  A
   1-18  person entitled to possession of property under this subsection is
   1-19  entitled to take possession thereof in accordance with the
   1-20  provisions of Section 9.503, Business & Commerce Code.
   1-21        (e)  A worker may not transfer <sell for cash or other
   1-22  consideration> to a third party, and a person who performs
   1-23  repossession services may not accept, a check or money order that
   1-24  is received as payment for repair of an article and that is
    2-1  returned to the worker because of insufficient funds or no funds,
    2-2  because the drawer or maker of the check or money order has no
    2-3  account, or because the account on which the check or money order
    2-4  is drawn has been closed.
    2-5        (f)  A person commits an offense if the person transfers or
    2-6  accepts <sells> a check or money order in violation of Subsection
    2-7  (e).  An offense under this subsection is a Class B misdemeanor.
    2-8        (g)  A motor vehicle that is repossessed under this section
    2-9  shall be promptly delivered to the location where the repair was
   2-10  performed or a vehicle storage facility licensed under the Vehicle
   2-11  Storage Facility Act (Article 6687-9a, Revised Statutes).  The
   2-12  motor vehicle must remain at the repair location or a licensed
   2-13  vehicle storage facility at all times until the motor vehicle is
   2-14  lawfully returned to the motor vehicle's owner or a lienholder or
   2-15  is disposed of as provided by this subchapter.
   2-16        SECTION 2.  This Act takes effect September 1, 1995.
   2-17        SECTION 3.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended.