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.
1-52 * * * * *