1-1  By:  Bosse (Senate Sponsor - Whitmire)                H.B. No. 1227
    1-2        (In the Senate - Received from the House April 21, 1995;
    1-3  April 24, 1995, read first time and referred to Committee on
    1-4  Economic Development; May 18, 1995, reported favorably by the
    1-5  following vote:  Yeas 6, Nays 0; May 18, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to repossession of a motor vehicle for repair charges.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Section 70.001, Property Code, is amended by
   1-11  amending Subsections (b), (e), and (f) and adding Subsection (g) to
   1-12  read as follows:
   1-13        (b)  If a worker relinquishes possession of a motor vehicle,
   1-14  motorboat, vessel, or outboard motor in return for a check or money
   1-15  order <written order for payment> on which payment is stopped, has
   1-16  been dishonored because of insufficient funds, no funds or because
   1-17  the drawer or maker of the order has no account or the account upon
   1-18  which it was drawn has been closed, the lien provided by this
   1-19  section continues to exist and the worker is entitled to possession
   1-20  of the vehicle, motorboat, vessel, or outboard motor until the
   1-21  amount due is paid, unless the vehicle, motorboat, vessel, or
   1-22  outboard motor is possessed by a person who became a bona fide
   1-23  purchaser of the vehicle after a stop payment order was made.  A
   1-24  person entitled to possession of property under this subsection is
   1-25  entitled to take possession thereof in accordance with the
   1-26  provisions of Section 9.503, Business & Commerce Code.
   1-27        (e)  A worker may not transfer <sell for cash or other
   1-28  consideration> to a third party, and a person who performs
   1-29  repossession services may not accept, a check or money order that
   1-30  is received as payment for repair of an article and that is
   1-31  returned to the worker because of insufficient funds or no funds,
   1-32  because the drawer or maker of the check or money order has no
   1-33  account, or because the account on which the check or money order
   1-34  is drawn has been closed.
   1-35        (f)  A person commits an offense if the person transfers or
   1-36  accepts <sells> a check or money order in violation of Subsection
   1-37  (e).  An offense under this subsection is a Class B misdemeanor.
   1-38        (g)  A motor vehicle that is repossessed under this section
   1-39  shall be promptly delivered to the location where the repair was
   1-40  performed or a vehicle storage facility licensed under the Vehicle
   1-41  Storage Facility Act (Article 6687-9a, Revised Statutes).  The
   1-42  motor vehicle must remain at the repair location or a licensed
   1-43  vehicle storage facility at all times until the motor vehicle is
   1-44  lawfully returned to the motor vehicle's owner or a lienholder or
   1-45  is disposed of as provided by this subchapter.
   1-46        SECTION 2.  This Act takes effect September 1, 1995.
   1-47        SECTION 3.  The importance of this legislation and the
   1-48  crowded condition of the calendars in both houses create an
   1-49  emergency and an imperative public necessity that the
   1-50  constitutional rule requiring bills to be read on three several
   1-51  days in each house be suspended, and this rule is hereby suspended.
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