By Kubiak                                       H.B. No. 3445

      75R8650 LJR-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the notification of due date for a video rental;

 1-3     providing a penalty.

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

 1-5           SECTION 1.  Chapter 20, Title 132, Revised Statutes, is

 1-6     amended by adding Article 9031 to read as follows:

 1-7           Art. 9031.  VIDEO RENTAL

 1-8           Sec. 1.  MARKING OF DUE DATE OF VIDEO RETURN.  A business

 1-9     that rents a video to a person shall securely affix to the video or

1-10     the container in which the video is delivered to the person a

1-11     conspicuous notice stating the date on which the video is to be

1-12     returned to the business under the rental agreement without being

1-13     subject to a late charge.

1-14           Sec. 2.  RESULT OF VIOLATION.  A business that violates

1-15     Section 1 of this article may not impose or collect a late charge

1-16     on the rental of the video for which the violation occurred if the

1-17     video is returned to the business within 14 days after the date on

1-18     which the video was to be returned to the business under the rental

1-19     agreement.

1-20           Sec. 3.  CRIMINAL PENALTY.  (a)  A business that violates

1-21     Section 2 of this article commits an offense.

1-22           (b)  An offense under this section is a Class C misdemeanor.

1-23           Sec. 4.  DEFINITION.  In this article, "video" means a

1-24     videocassette, videotape, optical laser disc, or video game.

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

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

 2-3     crowded condition of the calendars in both houses create an

 2-4     emergency and an imperative public necessity that the

 2-5     constitutional rule requiring bills to be read on three several

 2-6     days in each house be suspended, and this rule is hereby suspended.