HBA-DMD, EVB H.B. 2655 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2655
By: Elkins
Business & Industry
7/27/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, Texas law authorized a worker in this state
who by labor repairs an article, including a vehicle, motorboat, vessel, or
outboard motor to retain possession of the article until the amount due
under the contract for the repairs is paid; or if no amount is specified by
contract, reasonable and usual compensation.  

However, law in place prior to the 76th Legislature did not entitle a
worker who relinquishes possession of a vehicle, motorboat, vessel, or
outboard motor, to the lien provided by Section 70.001 (Worker's Lien),
Property Code, if a credit card transaction has been dishonored. H.B. 2655
entitles such a worker to possession of those articles in that event, with
an exception. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 70.001(b), (e), and (f), Property Code, as
follows: 

(b) Includes a credit card transaction among the forms of payment for which
a worker is entitled to possession of certain specified items and provides
that the lien set forth under this section continues to exist, if payment
is stopped, has been dishonored because of insufficient funds, no funds or
because the drawer or maker of the order or the credit card holder has no
account or the account upon which it was drawn or the credit card account
has been closed. 

(e) Prohibits a worker from transferring to a third party, and prohibits a
person who performs repossession services from accepting, a check, money
order, or credit card transaction that is received as payment for repair of
an article and that is returned to the worker because of insufficient funds
or no funds, because the drawer or maker of the check or money order or the
credit card holder has no account, or because the account on which the
check or money order is drawn or the credit card account has been closed. 

(f) Provides that a person commits a Class B misdemeanor if the person
transfers or accepts a check, money order, or credit card transaction in
violation of Subsection (e).  

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.