1-1  By:  Madla                                             S.B. No. 872
    1-2        (In the Senate - Filed March 2, 1995; March 6, 1995, read
    1-3  first time and referred to Committee on Economic Development;
    1-4  April 5, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 8, Nays 0; April 5, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                                By:  Madla
    1-7  Amend S.B. No. 872 as follows:
    1-8        (1)  In SECTION 1 of the bill, in Article 6.01(b)(i), Title
    1-9  79, Revised Statutes (introduced version page 2, line 16; committee
   1-10  printing page 1 line 52), insert "medical or dental services, or"
   1-11  between "than" and "prepaid".
   1-12                         A BILL TO BE ENTITLED
   1-13                                AN ACT
   1-14  relating to the regulation of retail installment contracts of
   1-15  certain goods and services.
   1-16        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-17        SECTION 1.  Sections (a) and (b), Article 6.01, Title 79,
   1-18  Revised Statutes (Article 5069-6.01, Vernon's Texas Civil
   1-19  Statutes), are amended to read as follows:
   1-20        (a)  "Goods" means all tangible personal property when
   1-21  purchased primarily for personal, family or household use and not
   1-22  for commercial or business use, including such property which is
   1-23  furnished or used at the time of sale or subsequently, in the
   1-24  modernization, rehabilitation, repair, alteration, improvement or
   1-25  construction of real property so as to become a part thereof
   1-26  whether or not severable therefrom.  The term also includes, but is
   1-27  not limited to, a structure, except a mobile home, to be used as a
   1-28  residence, any boat, boat-trailer, motor scooter, motor-assisted
   1-29  bicycle, motorcycle, trailer designed or intended to be pulled by
   1-30  or to transport a motor scooter, motor-assisted bicycle, motorcycle
   1-31  or all-terrain vehicle, recreational vehicle commonly known as a
   1-32  travel trailer designed for temporary living accommodations,
   1-33  camper-type trailer, horse trailer, any vehicle propelled or drawn
   1-34  exclusively by muscular power, and merchandise certificates or
   1-35  coupons, issued by a retail seller, not redeemable in cash and to
   1-36  be used in their face amount in lieu of cash, in exchange for goods
   1-37  or services sold by such seller.
   1-38        The term does not include (i) money, things in action or
   1-39  intangible personal property, other than merchandise certificates
   1-40  or coupons as herein described; or (ii) any automobile, mobile
   1-41  home, truck, trailer, other than a trailer expressly included in
   1-42  the term, semi-trailer, truck tractor or bus designed and used
   1-43  primarily to transport persons or property on a public highway; or
   1-44  (iii) any vehicle designed to run only on rails or tracks or in the
   1-45  air, as defined in Chapter 7 of this Subtitle; or (iv) any goods
   1-46  which are authorized to be and are included in a contract subject
   1-47  to Chapter 7 of this Subtitle.
   1-48        (b)  "Services" means work, labor, or services of any kind
   1-49  when purchased primarily for personal, family or household use and
   1-50  not for commercial or business use, and includes a maintenance or
   1-51  service contract or agreement or warranty, but does not include
   1-52  (i) the services, other than prepaid funeral benefits regulated by
   1-53  Article 548b, Vernon's Texas Civil Statutes, of a professional
   1-54  person licensed by the State except when those services are
   1-55  rendered in connection with the purchase of goods; or (ii) services
   1-56  for which the cost is by law fixed or approved by, or filed with or
   1-57  subject to approval or disapproval by the United States or the
   1-58  State of Texas, or any agency, instrumentality or subdivision
   1-59  thereof; or (iii) educational services provided by an accredited
   1-60  college or university or a primary or secondary school providing
   1-61  education required by the State of Texas or services of a
   1-62  kindergarten or nursery school; or (iv) any services which are
   1-63  authorized to be and are included in a contract subject to Chapter
   1-64  7 of this Subtitle; or (v) any <medical or> legal services.
   1-65        SECTION 2.  Sections (2) and (3), Article 6.02, Title 79,
   1-66  Revised Statutes (Article 5069-6.02, Vernon's Texas Civil
   1-67  Statutes), are amended to read as follows:
   1-68        (2)  The printed or typed portion of the contract, other than
    2-1  instructions for completion, shall be in a size equal to at least
    2-2  eight-point type.  The contract shall be designated "Retail
    2-3  Installment Contract" and shall contain substantially the following
    2-4  notice printed or typed in a size equal to at least ten-point
    2-5  <bold> type that is boldface, capitalized, underlined, or otherwise
    2-6  set out from surrounding written material so as to be conspicuous:
    2-7        "NOTICE TO THE BUYER.  DO NOT SIGN THIS CONTRACT BEFORE
    2-8        YOU READ IT OR IF IT CONTAINS BLANK SPACES.  YOU ARE
    2-9        ENTITLED TO A COPY OF THE CONTRACT YOU SIGN.  UNDER THE
   2-10        LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE FULL
   2-11        AMOUNT DUE AND UNDER CERTAIN CONDITIONS MAY OBTAIN A
   2-12        PARTIAL REFUND OF THE FINANCE CHARGE.  KEEP THIS
   2-13        CONTRACT TO PROTECT YOUR LEGAL RIGHTS."
   2-14        (3)  The retail seller shall deliver to the retail buyer, or
   2-15  mail to him at his address shown on the retail installment
   2-16  contract, a copy of the contract as accepted by the seller.  Until
   2-17  the seller does so, a buyer, who has not received delivery of the
   2-18  goods or been furnished or rendered the services, shall have the
   2-19  right to rescind the contract and to receive a refund of all
   2-20  payments made and return of all goods traded in to the seller on
   2-21  account of or in contemplation of the contract, or if such goods
   2-22  cannot be returned, the trade-in allowance thereof.  Any
   2-23  acknowledgement by the buyer of delivery of a copy of the contract
   2-24  shall be in a size equal to at least ten-point <bold> type that is
   2-25  boldface, capitalized, underlined, or otherwise set out from
   2-26  surrounding written material so as to be conspicuous and, if
   2-27  contained in the contract, shall appear directly above the buyer's
   2-28  signature.
   2-29        SECTION 3.  Section (1), Article 6.03, Title 79, Revised
   2-30  Statutes (Article 5069-6.03, Vernon's Texas Civil Statutes), is
   2-31  amended to read as follows:
   2-32        (1)  A retail charge agreement may be established by a seller
   2-33  or credit card issuer upon the request of a buyer or prospective
   2-34  buyer.  The retail charge agreement shall be in writing and signed
   2-35  by the buyer.  A copy of such agreement executed on or after the
   2-36  effective date of this Chapter shall be delivered or mailed to the
   2-37  buyer prior to the date on which the first payment is due
   2-38  thereunder.  Any acknowledgment by the buyer of delivery of a copy
   2-39  of the agreement contained in the body thereof shall be in a size
   2-40  equal to at least ten-point <bold> type that is boldface,
   2-41  capitalized, underlined, or otherwise set out from surrounding
   2-42  written material so as to be conspicuous and shall appear directly
   2-43  above the buyer's signature.  No agreement executed on or after the
   2-44  effective date of this Chapter shall be signed by the buyer when it
   2-45  contains blank spaces to be filled in after it has been signed.
   2-46  The buyer's acknowledgment, conforming to the requirements of this
   2-47  section, of delivery of a copy of an agreement, shall be
   2-48  presumptive proof, in any action or proceeding, of such delivery
   2-49  and that the agreement, when signed, did not contain any blank
   2-50  spaces as herein provided.  If no copy of the agreement is retained
   2-51  by the seller, a notation in his permanent record showing that such
   2-52  agreement was mailed and the date of mailing shall serve as
   2-53  presumptive proof of such mailing.  Any such agreement shall
   2-54  contain substantially the following notice printed or typed in a
   2-55  size equal to at least ten-point <bold> type that is boldface,
   2-56  capitalized, underlined, or otherwise set out from surrounding
   2-57  written material so as to be conspicuous:
   2-58        "NOTICE TO THE BUYER--DO NOT SIGN THIS AGREEMENT BEFORE
   2-59        YOU READ IT OR IF IT CONTAINS BLANK SPACES.  YOU ARE
   2-60        ENTITLED TO A COPY OF THE AGREEMENT YOU SIGN.  KEEP
   2-61        THIS AGREEMENT TO PROTECT YOUR LEGAL RIGHTS."
   2-62        SECTION 4.  Chapter 6, Title 79, Revised Statutes (Article
   2-63  5069-6.01 et seq., Vernon's Texas Civil Statutes), is amended by
   2-64  adding Article 6.13 to read as follows:
   2-65        Art. 6.13.  RATES FOR MEDICAL AND DENTAL SERVICES.  Medical
   2-66  or dental services may be financed only at rates authorized by
   2-67  Article 1.04 of this title.
   2-68        SECTION 5.  Section (1), Article 6.06, Title 79, Revised
   2-69  Statutes (Article 5069-6.06, Vernon's Texas Civil Statutes), is
   2-70  amended to read as follows:
    3-1        (1)  A seller who has entered into a retail installment
    3-2  transaction to perform services or install goods for the
    3-3  modernization, rehabilitation, repair, alteration, improvement or
    3-4  construction of improvements on real property shall obtain a
    3-5  certificate of completion or certificate of satisfaction
    3-6  (hereinafter designated "certificate") signed by the buyer, when
    3-7  all such goods and/or services purchased under a retail installment
    3-8  contract have been performed or installed as required by such
    3-9  contract; and may obtain such a certificate whether or not any
   3-10  guarantee or warranty of the goods or services remains in force.
   3-11  Such certificate shall be a separate writing and shall have the
   3-12  following notation at the top thereof in at least ten-point <bold>
   3-13  type that is boldface, capitalized, underlined, or otherwise set
   3-14  out from surrounding written material so as to be conspicuous:
   3-15        WARNING TO BUYER--DO NOT SIGN THIS CERTIFICATE UNTIL
   3-16        ALL SERVICES HAVE BEEN SATISFACTORILY PERFORMED AND
   3-17        MATERIALS SUPPLIED OR GOODS RECEIVED AND FOUND
   3-18        SATISFACTORY.
   3-19        SECTION 6.  Article 6.07, Title 79, Revised Statutes (Article
   3-20  5069-6.07, Vernon's Texas Civil Statutes), is amended to read as
   3-21  follows:
   3-22        Art. 6.07.  ASSIGNMENT AND NEGOTIATION.  Notwithstanding the
   3-23  provisions of any other law, a person may purchase or acquire or
   3-24  agree to purchase or acquire any retail installment contract or
   3-25  retail charge agreement or any outstanding balance under either
   3-26  from another person on such terms and conditions and for such price
   3-27  as may be mutually agreed upon.  Notice to the buyer of the
   3-28  assignment or negotiation and any requirement that the seller be
   3-29  deprived of dominion over payments upon a retail installment
   3-30  contract or retail charge agreement, or over the goods if returned
   3-31  to or repossessed by the seller, is not necessary to the validity
   3-32  of a written assignment or negotiation of the retail installment
   3-33  contract or retail charge agreement or any outstanding balance
   3-34  under either, as against creditors, subsequent purchasers, pledges,
   3-35  mortgagees and lien claimants of the seller.  Unless the buyer has
   3-36  notice of the assignment or negotiation of his retail installment
   3-37  contract, retail charge agreement or any outstanding balance under
   3-38  either, payment therefor made by the buyer to the holder last known
   3-39  to him shall be binding upon all subsequent holders.  No right of
   3-40  action or defense of a buyer arising out of a retail installment
   3-41  transaction which would be cut off by negotiation, shall be cut off
   3-42  by negotiation of the retail installment contract or retail charge
   3-43  agreement to any third party unless such holder acquires the
   3-44  contract relying in good faith upon a certificate of completion or
   3-45  certificate of satisfaction, if required by the provisions of
   3-46  Article 6.06; and such holder gives notice of the negotiation to
   3-47  the buyer as provided in this Article, and within thirty days of
   3-48  the mailing of such notice receives no written notice from the
   3-49  buyer of any facts giving rise to any claim or defense of the
   3-50  buyer.  Such notice of negotiation shall be in writing addressed to
   3-51  the buyer at the address shown on the contract and shall:  identify
   3-52  the contract; state the names and addresses of the seller and
   3-53  buyer; describe the goods or services; state the time balance and a
   3-54  description of the payment schedule.  The notice of negotiation
   3-55  shall contain the following warning to the buyer in at least
   3-56  ten-point <bold face> type that is boldface, capitalized,
   3-57  underlined, or otherwise set out from surrounding written material
   3-58  so as to be conspicuous:
   3-59        ARE THE TERMS OF THE CONTRACT DESCRIBED ABOVE CORRECT
   3-60        AND ARE YOU SATISFIED WITH THE GOODS OR SERVICES
   3-61        FURNISHED? IF NOT, YOU SHOULD NOTIFY US GIVING DETAILS
   3-62        WITHIN 30 DAYS FROM THE DATE THE ABOVE NOTICE WAS
   3-63        MAILED.
   3-64        SECTION 7.  Section (b), Article 6.10, Title 79, Revised
   3-65  Statutes (Article 5069-6.10, Vernon's Texas Civil Statutes), is
   3-66  amended to read as follows:
   3-67        (b)  Preliminary worksheets that are shown to the buyer in
   3-68  which a sale price is computed, an order from the buyer, and the
   3-69  retail installment contract must include, in reasonable proximity
   3-70  to the place in the worksheet, order, or contract where the
    4-1  documentary fee is disclosed, the amount of the fee and the
    4-2  following notice in <bold-faced> type that is boldface,
    4-3  capitalized, underlined, or otherwise set out from surrounding
    4-4  written material so as to be conspicuous:
    4-5        "A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE.  A
    4-6        DOCUMENTARY FEE <AND> IS NOT REQUIRED BY LAW, BUT MAY
    4-7        BE CHARGED TO BUYERS <A BUYER> FOR <THE> HANDLING <OF>
    4-8        DOCUMENTS AND <THE> PERFORMING <OF> SERVICES RELATING
    4-9        <RELATED> TO THE CLOSING OF A SALE.  BUYERS <A BUYER>
   4-10        MAY AVOID PAYMENT OF THE FEE TO THE SELLER BY HANDLING
   4-11        THE <THESE> DOCUMENTS AND PERFORMING THE <THESE>
   4-12        SERVICES RELATING TO THE CLOSING OF THE SALE.  A
   4-13        DOCUMENTARY FEE MAY NOT EXCEED $50.  THIS NOTICE IS
   4-14        REQUIRED BY LAW."
   4-15        SECTION 8.  Section (d), Article 7.01, Title 79, Revised
   4-16  Statutes (Article 5069-7.01, Vernon's Texas Civil Statutes), is
   4-17  amended to read as follows:
   4-18        (d)  "Retail Installment Transaction" or "Transaction" means
   4-19  any transaction as a result of which a retail buyer acquires a
   4-20  motor vehicle from a retail seller <under a retail installment
   4-21  contract for a sum consisting of the cash sale price and other
   4-22  charges as limited by this Chapter> and agrees with a retail seller
   4-23  to pay part or all of the cash price <such sum> in one or more
   4-24  deferred installments.  All such transactions shall be under a
   4-25  retail installment contract and be subject to the provisions of
   4-26  this chapter.  The term shall include every transaction wherein the
   4-27  promise or agreement to pay the deferred balance of the cash price
   4-28  <such sum> is made by the retail buyer to the retail seller
   4-29  notwithstanding the existence or occurrence of any one or more of
   4-30  the following events:  (i) that the retail seller has arranged or
   4-31  arranges to sell, transfer or assign the retail buyer's obligation;
   4-32  (ii) that the amount of any <the> charges is determined by
   4-33  reference to charts or information furnished by a financing
   4-34  institution; (iii) that the forms of instruments used to evidence
   4-35  the retail installment transaction are furnished by a financing
   4-36  institution; and (iv) that the credit standing of the retail buyer
   4-37  is or has been evaluated by a financing institution.
   4-38        SECTION 9.  Sections (2), (3), and (4), Article 7.02, Title
   4-39  79, Revised Statutes (Article 5069-7.02, Vernon's Texas Civil
   4-40  Statutes), are amended to read as follows:
   4-41        (2)  The printed portion of the retail installment contract,
   4-42  other than instructions for completion, shall be in a size equal to
   4-43  at least eight-point type.  Such contract shall contain
   4-44  substantially the following notice in a size equal to at least
   4-45  ten-point <bold> type that is boldface, capitalized, underlined, or
   4-46  otherwise set out from surrounding written material so as to be
   4-47  conspicuous:
   4-48        "NOTICE TO THE BUYER--DO NOT SIGN THIS CONTRACT BEFORE
   4-49        YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES.  YOU
   4-50        ARE ENTITLED TO A COPY OF THE CONTRACT YOU SIGN.  UNDER
   4-51        THE LAW YOU HAVE THE RIGHT TO PAY OFF IN ADVANCE THE
   4-52        FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS MAY OBTAIN
   4-53        A PARTIAL REFUND OF THE FINANCE CHARGE.  KEEP THIS
   4-54        CONTRACT TO PROTECT YOUR LEGAL RIGHTS."
   4-55        (3)  A retail installment contract or separate written
   4-56  statement shall also contain, in a size equal to at least ten-point
   4-57  <bold> type that is boldface, capitalized, underlined, or otherwise
   4-58  set out from surrounding written material so as to be conspicuous,
   4-59  a specific statement that liability insurance coverage for bodily
   4-60  injury and property damage caused to others is not included, if
   4-61  that is the case.
   4-62        (4)  The seller shall deliver to the buyer, or mail to him at
   4-63  his address shown on the retail installment contract, a copy of
   4-64  such contract as accepted by the seller.  Until the seller does so,
   4-65  a buyer who has not received delivery of the motor vehicle shall
   4-66  have the right to rescind his contract and to receive a refund of
   4-67  all payments made and a return of all goods traded in to the seller
   4-68  on account of or in contemplation of such contract, or if the goods
   4-69  traded in cannot be returned, the value thereof.  Any
   4-70  acknowledgment by the buyer of delivery of a copy of the retail
    5-1  installment contract shall be in a size equal to at least ten-point
    5-2  <bold> type that is boldface, capitalized, underlined, or otherwise
    5-3  set out from surrounding written material so as to be conspicuous
    5-4  and shall appear directly above the buyer's signature.
    5-5        SECTION 10.  This Act applies only to acts done and
    5-6  transactions entered into on or after the effective date of this
    5-7  Act.  Acts done and transactions entered into before the effective
    5-8  date of this Act are governed by the law in effect immediately
    5-9  before this Act takes effect, and that law continues in effect for
   5-10  that purpose.
   5-11        SECTION 11.  This Act takes effect September 1, 1995.
   5-12        SECTION 12.  The importance of this legislation and the
   5-13  crowded condition of the calendars in both houses create an
   5-14  emergency and an imperative public necessity that the
   5-15  constitutional rule requiring bills to be read on three several
   5-16  days in each house be suspended, and this rule is hereby suspended.
   5-17                               * * * * *