1-1 By: Marchant (Senate Sponsor - Shapiro) H.B. No. 1510 1-2 (In the Senate - Received from the House May 13, 1999; 1-3 May 14, 1999, read first time and referred to Committee on State 1-4 Affairs; May 14, 1999, reported favorably by the following vote: 1-5 Yeas 7, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to documentary fee included in a vehicle retail 1-9 installment contract. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 348.006(c), Finance Code, is amended to 1-12 read as follows: 1-13 (c) For a documentary fee to be included in the principal 1-14 balance of a retail installment contract: 1-15 (1) the retail seller must charge the documentary fee 1-16 to cash buyers and credit buyers; 1-17 (2) the documentary fee may not exceed $50 for a motor 1-18 vehicle retail installment contract or a reasonable amount agreed 1-19 to by the retail seller and retail buyer for a heavy commercial 1-20 vehicle retail installment contract; and 1-21 (3) the buyer's order and the retail installment 1-22 contract must include: 1-23 (A) a statement of the amount of the documentary 1-24 fee; and 1-25 (B) in reasonable proximity to the place in each 1-26 where the amount of the documentary fee is disclosed, the following 1-27 notice in type that is bold-faced, capitalized, underlined, or 1-28 otherwise conspicuously set out from surrounding written material: 1-29 "A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE 1-30 IS NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO BUYERS FOR HANDLING 1-31 DOCUMENTS AND PERFORMING SERVICES RELATING TO THE CLOSING OF A 1-32 SALE. A DOCUMENTARY FEE MAY NOT EXCEED $50 FOR A MOTOR VEHICLE 1-33 CONTRACT OR A REASONABLE AMOUNT AGREED TO BY THE PARTIES FOR A 1-34 HEAVY COMMERCIAL VEHICLE CONTRACT. THIS NOTICE IS REQUIRED BY 1-35 LAW." 1-36 SECTION 2. This Act takes effect September 1, 1999. 1-37 SECTION 3. The importance of this legislation and the 1-38 crowded condition of the calendars in both houses create an 1-39 emergency and an imperative public necessity that the 1-40 constitutional rule requiring bills to be read on three several 1-41 days in each house be suspended, and this rule is hereby suspended. 1-42 * * * * *