1-1     By:  Swinford (Senate Sponsor - Duncan)                H.B. No. 965
 1-2           (In the Senate - Received from the House April 6, 1999;
 1-3     April 7, 1999, read first time and referred to Committee on
 1-4     Economic Development; May 13, 1999, reported favorably by the
 1-5     following vote:  Yeas 7, Nays 0; May 13, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to certain dealer agreements concerning forestry
 1-9     harvesting and off-road construction equipment.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  The heading to Chapter 19, Business & Commerce
1-12     Code, is amended to read as follows:
1-13       CHAPTER 19.  FARM, INDUSTRIAL, OFF-ROAD CONSTRUCTION, FORESTRY
1-14                   HARVESTING EQUIPMENT, AND OUTDOOR POWER
1-15                         EQUIPMENT DEALER AGREEMENTS
1-16           SECTION 2.  Section 19.01, Business & Commerce Code, is
1-17     amended by amending Subdivisions (5) and (8) and adding Subdivision
1-18     (12) to read as follows:
1-19                 (5)  "Dealer" means a person in the business of the
1-20     retail sale of equipment.  The term does not include a single line
1-21     dealer primarily engaged in the retail sale and service [person
1-22     whose principal business is the sale] of off-road  construction and
1-23     earth-moving equipment.
1-24                 (8)  "Equipment" means farm tractors, farm implements,
1-25     utility tractors, industrial tractors, forestry harvesting
1-26     equipment, off-road construction equipment, and outdoor power
1-27     equipment and the attachments to or repair parts for those items.
1-28                 (12)  "Single line dealer" means an individual,
1-29     partnership, or corporation who:
1-30                       (A)  has purchased 75 percent or more of the
1-31     dealer's total new product inventory from a single supplier under
1-32     all agreements with that supplier; and
1-33                       (B)  has a total annual average sales volume in
1-34     excess of $100 million for the preceding three years with that
1-35     single supplier for the territory for which the dealer is
1-36     responsible in this state.
1-37           SECTION 3.  Section 19.43(a), Business & Commerce Code, is
1-38     amended to read as follows:
1-39           (a)  If on termination of a dealer agreement the dealer
1-40     delivers to the supplier or a person designated by the supplier the
1-41     inventory that was purchased from the supplier and that is held by
1-42     the dealer on the date of the termination, the supplier shall pay
1-43     to the dealer:
1-44                 (1)  the dealer cost of new, unsold, undamaged, and
1-45     complete farm tractors, farm implements, utility tractors,
1-46     industrial tractors, forklifts, material-handling equipment,
1-47     outdoor power equipment, forestry harvesting equipment, off-road
1-48     construction equipment, and attachments returned by the dealer;
1-49                 (2)  an amount equal to 85 percent of the current price
1-50     of new, undamaged repair parts returned by the dealer; and
1-51                 (3)  an amount equal to an additional five percent of
1-52     the current price of new, undamaged repair parts returned by the
1-53     dealer, unless the supplier performs the handling, packing, and
1-54     loading of the parts, in which case no additional amount is
1-55     required under this subdivision.
1-56           SECTION 4.  This Act takes effect September 1, 1999, and
1-57     applies only to an agreement entered into on or after that date.
1-58     An agreement entered into before the effective date of this Act is
1-59     governed by the law in effect on the date the agreement was entered
1-60     into, and that law is continued in effect for that purpose.
1-61           SECTION 5.  The importance of this legislation and the
1-62     crowded condition of the calendars in both houses create an
1-63     emergency and an imperative public necessity that the
1-64     constitutional rule requiring bills to be read on three several
 2-1     days in each house be suspended, and this rule is hereby suspended.
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