1-1                                   AN ACT

 1-2     relating to dealing in computer equipment by a secondhand dealer.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 1(1), Chapter 919, Acts of the 68th

 1-5     Legislature, Regular Session, 1983 (Article 9024, Vernon's Texas

 1-6     Civil Statutes), is amended to read as follows:

 1-7                 (1)  "Business machine" includes a typewriter, adding

 1-8     machine, check-writing device, cash register, calculator, [or]

 1-9     addressing machine, [or] letter-sorting or folding device, computer

1-10     or a peripheral device to a computer, or an item of recording,

1-11     copying, or accounting equipment.  The term does not include office

1-12     furniture or fixtures.

1-13           SECTION 2.  Section 4, Chapter 919, Acts of the 68th

1-14     Legislature, Regular Session, 1983 (Article 9024, Vernon's Texas

1-15     Civil Statutes), is amended by adding Subsection (c) to read as

1-16     follows:

1-17           (c)  This Act does not apply to a person whose primary

1-18     business includes the manufacture, sale, or service of computers or

1-19     devices peripheral to computers.

1-20           SECTION 3.  The changes in law made by this Act apply only to

1-21     a computer or peripheral device received by a secondhand dealer on

1-22     or after the effective date of this Act.  A computer or peripheral

1-23     device received before the effective date of this Act is governed

1-24     by the law in effect when the computer or device was received, and

 2-1     that law is continued in effect for that purpose.

 2-2           SECTION 4.  This Act takes effect September 1, 1997.

 2-3           SECTION 5.  The importance of this legislation and the

 2-4     crowded condition of the calendars in both houses create an

 2-5     emergency and an imperative public necessity that the

 2-6     constitutional rule requiring bills to be read on three several

 2-7     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. 2940 was passed by the House on May

         2, 1997, by a non-record vote; and that the House concurred in

         Senate amendments to H.B. No. 2940 on May 25, 1997, by a non-record

         vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2940 was passed by the Senate, with

         amendments, on May 23, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor