1-1                                   AN ACT

 1-2     relating to the licensing of certain franchised dealers who engage

 1-3     in the leasing of motor vehicles.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 4.01(a), Texas Motor Vehicle Commission

 1-6     Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended

 1-7     to read as follows:

 1-8           (a)  Except as provided by this Section, no person shall

 1-9     engage in business as, serve in the capacity of, or act as a

1-10     dealer, manufacturer, distributor, converter, representative,

1-11     lessor, or lease facilitator in this State or perform or offer to

1-12     perform repair services on a motor vehicle pursuant to the terms of

1-13     a franchise and a motor vehicle manufacturer's warranty, whether or

1-14     not the person sells or offers to sell motor vehicles at the same

1-15     location, without obtaining a license therefor as provided in this

1-16     Act and the rules of the Commission.  All new license applications

1-17     shall be reviewed and, in the discretion of the Commission,

1-18     investigated to determine compliance with the provisions of this

1-19     Act.  License renewals may be administratively granted unless

1-20     protested.  Licenses issued by the Commission shall expire one year

1-21     from date of issuance.  All licenses and renewals thereof are

1-22     issued subject to all provisions of this Act and rules of the

1-23     Commission in effect upon the date of issuance as well as all

1-24     future provisions of this Act and rules which may become effective

 2-1     during the term of the license.  A lessor or lease facilitator is

 2-2     not required to obtain a lessor or lease facilitator license or pay

 2-3     a license fee under this code if the lessor or lease facilitator is

 2-4     a state or federally chartered financial institution or a regulated

 2-5     subsidiary of a state or federally chartered financial institution.

 2-6     A trust or other entity that owns an interest in a lease and the

 2-7     vehicle that is the subject of the lease is not required to obtain

 2-8     a lessor license or lease facilitator license or pay a license fee

 2-9     with respect to a lease initiated, managed, serviced, and

2-10     administered by a licensed lessor.  A franchised dealer licensed

2-11     under this code is not required to obtain a lessor or lease

2-12     facilitator license or pay a license fee under this code to engage

2-13     in the business of leasing motor vehicles, including new motor

2-14     vehicles, that the dealer is licensed to sell.

2-15           SECTION 2.  Section 5.03A(b), Texas Motor Vehicle Commission

2-16     Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended

2-17     to read as follows:

2-18           (b)  A lessor may not pay a fee to any person in return for

2-19     the solicitation, procurement, or production by that person of

2-20     prospective lessees of motor vehicles unless the person receiving

2-21     the fee is a lease facilitator who holds a valid license as

2-22     provided by this code and a valid appointment from the lessor as

2-23     provided by this section.  The fees prohibited by this section do

2-24     not include amounts paid to a franchised dealer as a part of the

2-25     consideration for the sale or assignment of a lease or leased

2-26     vehicle or other amounts paid to the franchised dealer who

2-27     transfers title of the vehicle or assigns the lease contract to the

 3-1     lessor of the motor vehicle.

 3-2           SECTION 3.  Section 5.03A, Texas Motor Vehicle Commission

 3-3     Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended

 3-4     by adding Subsection (f) to read as follows:

 3-5           (f)  As used in Sections 5.01(7) and 5.03A(a), the term "fee"

 3-6     does not include any adjustments in the purchase price paid for the

 3-7     lease or leased vehicle.  Provided, however, that this section does

 3-8     not authorize any fees for referring leases or prospective lessees.

 3-9           SECTION 4.  Subchapter E, Texas Motor Vehicle Commission Code

3-10     (Article 4413(36), Vernon's Texas Civil Statutes), is amended by

3-11     adding Section 5.05 to read as follows:

3-12           Sec. 5.05.  USE OF CERTAIN TERMS PROHIBITED.  A person may

3-13     not use the words "lease" or "leasing" or any variation of those

3-14     words in the person's name or in the name of an entity owned by the

3-15     person unless the person is:

3-16                 (1)  licensed under this Act as a lessor or lease

3-17     facilitator; or

3-18                 (2)  exempt under Section 4.01 of this Act from the

3-19     requirement to obtain a license.

3-20           SECTION 5.  This Act takes effect September 1, 1997.

3-21           SECTION 6.  The importance of this legislation and the

3-22     crowded condition of the calendars in both houses create an

3-23     emergency and an imperative public necessity that the

3-24     constitutional rule requiring bills to be read on three several

3-25     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2098 was passed by the House on April

         30, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 2098 on May 29, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2098 was passed by the Senate, with

         amendments, on May 26, 1997, by the following vote:  Yeas 31, Nays

         0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor