By Hudson H.B. No. 2105 74R6988 DWS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a refund of money deposited for a layaway purchase. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter D, Chapter 35, Business & Commerce 1-5 Code, is amended by adding Section 35.55 to read as follows: 1-6 Sec. 35.55. LAYAWAY PURCHASE. (a) In this section: 1-7 (1) "Layaway transaction" means a transaction under 1-8 which a merchant, in return for a deposit and one or more 1-9 additional payments, promises a customer to hold an item of goods 1-10 for the customer until full payment for the item is made or until a 1-11 specified date if full payment is not made. 1-12 (2) "Merchant" means a person in the business of 1-13 selling goods for personal, family, or household use. 1-14 (b) On receiving notice from a customer under a layaway 1-15 transaction that the customer intends not to complete the 1-16 transaction, the merchant under the transaction shall promptly 1-17 refund to the customer all amounts paid by the customer under the 1-18 layaway transaction. 1-19 (c) The requirements of this section may not be waived by 1-20 agreement. 1-21 SECTION 2. This Act applies only to a layaway transaction 1-22 entered into on or after the effective date of this Act. 1-23 SECTION 3. This Act takes effect September 1, 1995. 1-24 SECTION 4. The importance of this legislation and the 2-1 crowded condition of the calendars in both houses create an 2-2 emergency and an imperative public necessity that the 2-3 constitutional rule requiring bills to be read on three several 2-4 days in each house be suspended, and this rule is hereby suspended.