By Swinford                                           H.B. No. 1736
       74R5612 DWS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to termination of certain agreements between suppliers of
    1-3  and dealers in farm, industrial, and outdoor power equipment.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 19.43, Business & Commerce Code, is
    1-6  amended to read as follows:
    1-7        Sec. 19.43.  RETURN OF INVENTORY.  (a)  If on termination of
    1-8  a dealer agreement the dealer delivers to the supplier or a person
    1-9  designated by the supplier the inventory that was purchased from
   1-10  the supplier and that is held by the dealer on the date of the
   1-11  termination, the supplier shall pay to the dealer:
   1-12              (1)  the dealer cost of new, unsold, undamaged, and
   1-13  complete farm tractors, farm implements, utility tractors,
   1-14  industrial tractors, outdoor power equipment, and attachments
   1-15  returned by the dealer;
   1-16              (2)  an amount equal to 85 percent of the current price
   1-17  of new, undamaged repair parts returned by the dealer; and
   1-18              (3)  an amount equal to an additional five percent of
   1-19  the current price of new, undamaged repair parts returned by the
   1-20  dealer, unless the supplier performs the handling, packing, and
   1-21  loading of the parts, in which case no additional amount is
   1-22  required under this subdivision.
   1-23        (b)  Before returning inventory under this section and not
   1-24  later than the 120th day after the date notice of termination is
    2-1  given by either party, the dealer shall submit to the supplier a
    2-2  list of the inventory the dealer intends to return, including to
    2-3  the extent possible each item's trade name, description, and serial
    2-4  number.  Not later than the 60th day after the date the supplier
    2-5  receives the list, the supplier shall notify the dealer in writing
    2-6  of:
    2-7              (1)  each item that the supplier claims is not subject
    2-8  to reimbursement under this section; and
    2-9              (2)  the destination of each item the dealer is to
   2-10  deliver to a person designated by the supplier.
   2-11        (c)  The dealer may not deliver an item contested by the
   2-12  supplier under Subsection (b) and reimbursement is not due for the
   2-13  item until the dispute over the application of this section to the
   2-14  item is settled as provided by law.  Any item on the list that the
   2-15  supplier does not timely contest may be delivered and its cost
   2-16  shall be reimbursed as provided by this section.
   2-17        (d)  The supplier may subtract from the sum due under
   2-18  Subsection (a) of this section the amount of debts owed by the
   2-19  dealer to the supplier.  The supplier and dealer are each
   2-20  responsible for one-half of the cost of delivering the inventory to
   2-21  the supplier or to a person designated by the supplier, except that
   2-22  if the dealer delivers an item to a person designated by the
   2-23  supplier the dealer is not responsible for an amount that exceeds
   2-24  the amount for which the dealer would have been responsible if the
   2-25  item had been delivered to the supplier.
   2-26        (e) <(c)>  The supplier shall pay the amount due under this
   2-27  section before the 31st <61st> day after the day that the supplier
    3-1  or person designated by the supplier receives inventory from the
    3-2  dealer and after the dealer has furnished proof that the inventory
    3-3  was purchased from the supplier.
    3-4        (f) <(d)>  On payment of the amount due under this section,
    3-5  title to the inventory is transferred to the supplier or other
    3-6  person designated by the supplier.
    3-7        (g)  The supplier and dealer may by agreement alter the time
    3-8  limits provided by this section.
    3-9        SECTION 2.  This Act applies only to the termination of an
   3-10  agreement for which initial notice of the termination is given on
   3-11  or after the effective date of this Act.  A termination for which
   3-12  initial notice is given before the effective date of this Act is
   3-13  covered by the law in effect when the initial notice was given, and
   3-14  the former law is continued in effect for that purpose.
   3-15        SECTION 3.  This Act takes effect September 1, 1995.
   3-16        SECTION 4.  The importance of this legislation and the
   3-17  crowded condition of the calendars in both houses create an
   3-18  emergency and an imperative public necessity that the
   3-19  constitutional rule requiring bills to be read on three several
   3-20  days in each house be suspended, and this rule is hereby suspended.