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.