By Swinford, Kubiak H.B. No. 381 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to warranties and warranty claims concerning farm, 1-3 industrial, or outdoor power equipment. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 19, Business & Commerce 1-6 Code, is amended by adding Section 19.28 to read as follows: 1-7 Sec. 19.28. WARRANTY CLAIM. (a) This section applies to a 1-8 warranty claim submitted by a dealer: 1-9 (1) while the dealer agreement is in effect; or 1-10 (2) after the termination of the dealer agreement, if 1-11 the claim is for work performed before the effective date of the 1-12 termination. 1-13 (b) Not later than the 45th day after the date a supplier 1-14 receives a warranty claim from a dealer, the supplier shall accept 1-15 or reject the claim. A claim not rejected before that deadline is 1-16 deemed accepted. 1-17 (c) Not later than the 30th day after the date the claim is 1-18 accepted or rejected, the supplier shall: 1-19 (1) pay an accepted claim; or 1-20 (2) send the dealer written notice of the grounds for 1-21 rejection of a rejected claim. 1-22 (d) A supplier that pays a claim, including suppliers of 1-23 electric engines or motors, may not pay less than the agreed hourly 1-24 labor rate the dealer regularly charges for labor and the list 2-1 price the dealer pays for parts, and other expenses involved in the 2-2 work to a retail customer who does not assert a warranty. 2-3 (e) After payment of a claim, a supplier may not charge 2-4 back, set off, or otherwise attempt to recover all or part of the 2-5 amount of the claim unless: 2-6 (1) the claim was fraudulent; 2-7 (2) the work for which the claim was made was not 2-8 properly performed or was unnecessary to comply with the warranty; 2-9 or 2-10 (3) the dealer did not substantiate the claim 2-11 according to the written requirements of the supplier in effect 2-12 when the claim arose. 2-13 (f) A dealer or supplier authorized to sell new farm, 2-14 industrial, or outdoor power equipment shall give the purchaser a 2-15 written warranty agreement including replacement or cash refund. 2-16 If the dealer determines the equipment cannot be made usable, the 2-17 manufacturer is liable to the purchaser for the replacement or cash 2-18 refund. 2-19 SECTION 2. Section 19.46, Business & Commerce Code, is 2-20 repealed. 2-21 SECTION 3. The change in law made by this Act applies only 2-22 to a warranty claim received by a supplier on or after the 2-23 effective date of this Act. A warranty claim received before the 2-24 effective date of this Act is governed by the law in effect when 2-25 the claim was received, and the former law is continued in effect 2-26 for that purpose. 2-27 SECTION 4. This Act takes effect September 1, 1997. 3-1 SECTION 5. The importance of this legislation and the 3-2 crowded condition of the calendars in both houses create an 3-3 emergency and an imperative public necessity that the 3-4 constitutional rule requiring bills to be read on three several 3-5 days in each house be suspended, and this rule is hereby suspended.