By Bosse                                              H.B. No. 1227
       74R4497 DWS-D
                                 A BILL TO BE ENTITLED
    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 (e) and (f) and adding Subsection (g) to read
    1-6  as follows:
    1-7        (e)  A worker may not transfer <sell for cash or other
    1-8  consideration> to a person who performs repossession services a
    1-9  check or other written order for payment that is received as
   1-10  payment for repair of an article and that is returned to the worker
   1-11  because of insufficient funds or no funds, because the drawer or
   1-12  maker of the check or order has no account, or because the account
   1-13  on which the check or order is drawn has been closed.
   1-14        (f)  A person commits an offense if the person transfers
   1-15  <sells> a check or other written order in violation of Subsection
   1-16  (e).  An offense under this subsection is a Class B misdemeanor.
   1-17        (g)  A motor vehicle that is repossessed under this section
   1-18  shall be promptly delivered to the location where the repair was
   1-19  performed or a vehicle storage facility licensed under the Vehicle
   1-20  Storage Facility Act (Article 6687-9a, Revised Statutes).  The
   1-21  motor vehicle must remain at the repair location or a licensed
   1-22  vehicle storage facility at all times until the motor vehicle is
   1-23  lawfully returned to the motor vehicle's owner or a lienholder or
   1-24  is disposed of as provided by this subchapter.
    2-1        SECTION 2.  This Act takes effect September 1, 1995.
    2-2        SECTION 3.  The importance of this legislation and the
    2-3  crowded condition of the calendars in both houses create an
    2-4  emergency and an imperative public necessity that the
    2-5  constitutional rule requiring bills to be read on three several
    2-6  days in each house be suspended, and this rule is hereby suspended.