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.