HBA-EVB H.B. 2655 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2655 By: Elkins Business & Industry 4/7/1999 Introduced BACKGROUND AND PURPOSE Currently, Texas law authorizes 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, current law does 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.