1-1 By: Marchant (Senate Sponsor - Cain) H.B. No. 1586
1-2 (In the Senate - Received from the House May 1, 1995;
1-3 May 2, 1995, read first time and referred to Committee on Economic
1-4 Development; May 16, 1995, reported favorably, as amended, by the
1-5 following vote: Yeas 8, Nays 0; May 16, 1995, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Lucio
1-7 Amend H.B. 1586, House Engrossment, by deleting all language
1-8 beginning with and including the underlined word "A" on page 2,
1-9 line 9 of the House Engrossment, and ending with and including the
1-10 underlined period following the underlined word "reasonable" on
1-11 page 2, line 10.
1-12 A BILL TO BE ENTITLED
1-13 AN ACT
1-14 relating to certain agreements under a retail installment contract
1-15 for the purchase of a motor vehicle.
1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-17 SECTION 1. Section (9), Article 7.06, Title 79, Revised
1-18 Statutes (Article 5069-7.06, Vernon's Texas Civil Statutes), is
1-19 amended to read as follows:
1-20 (9) A buyer and seller may agree to include motor vehicle
1-21 property damage or bodily injury liability insurance, mechanical
1-22 breakdown insurance, motor vehicle theft protection plans,
1-23 insurance to reimburse the buyer the difference, if any, between
1-24 the proceeds of the buyer's basic collision policy on the vehicle
1-25 and the amount owed on the vehicle, in the event that the vehicle
1-26 has been rendered a total loss, or a warranty or service contract
1-27 relating to the motor vehicle as a separate charge in a contract
1-28 for the sale of a motor vehicle. A buyer and seller may agree to
1-29 include in a contract for the sale of a motor vehicle a separate
1-30 charge for a debt cancellation contract or waiver by which the
1-31 seller or holder agrees that, if the vehicle is rendered a total
1-32 loss because of theft or collision, the seller or holder will waive
1-33 the difference, if any, between the actual cash value of the
1-34 vehicle immediately before the loss and the amount owed on the
1-35 vehicle. In addition to other liability incurred under a debt
1-36 cancellation contract or waiver included in a contract as provided
1-37 by this section, a seller or holder may agree to waive the
1-38 deductible amount, if any, the buyer is required to pay under the
1-39 buyer's personal auto policy. A debt cancellation contract or
1-40 waiver included in a contract as provided by this section is not
1-41 insurance or an insurance product or service and is not subject to
1-42 regulation by the commissioner of insurance or the Texas Department
1-43 of Insurance. If a charge is added to a contract as provided by
1-44 this section, the contract shall clearly and conspicuously disclose
1-45 that fact. A charge added to a contract as provided by this
1-46 section shall be reasonable.
1-47 SECTION 2. 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 and that this Act take effect and be in force from and after its
1-53 passage, and it is so enacted.
1-54 * * * * *