1-1                                   AN ACT
 1-2     relating to repossession of a motor vehicle for repair charges.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Sections 70.001(b), (e), and (f), Property Code,
 1-5     are amended to read as follows:
 1-6           (b)  If a worker relinquishes possession of a motor vehicle,
 1-7     motorboat, vessel, or outboard motor in return for a check, [or]
 1-8     money order, or a credit card transaction on which payment is
 1-9     stopped, has been dishonored because of  insufficient funds, no
1-10     funds or because the drawer or maker of the order or the credit
1-11     card holder has no account or the account upon which it was drawn
1-12     or the credit card account has been closed, the lien provided by
1-13     this section continues to exist and the worker is entitled to
1-14     possession of the vehicle, motorboat, vessel, or outboard motor
1-15     until the amount due is paid, unless the vehicle, motorboat,
1-16     vessel, or outboard motor is possessed by a person who became a
1-17     bona fide purchaser of the vehicle after a stop payment order was
1-18     made.  A person entitled to possession of property under this
1-19     subsection is entitled to take possession thereof in accordance
1-20     with the provisions of Section 9.503, Business & Commerce Code.
1-21           (e)  A worker may not transfer to a third party, and a person
1-22     who performs repossession services may not accept, a check, [or]
1-23     money order, or credit card transaction that is received as payment
1-24     for repair of an article and  that is returned to the worker
 2-1     because of insufficient funds or no funds, because the drawer or
 2-2     maker of the check or money order or the credit card holder has no
 2-3     account, or because the  account on which the check or money order
 2-4     is drawn or the credit card account has been closed.
 2-5           (f)  A person commits an offense if the person transfers or
 2-6     accepts a check, [or] money order, or credit card transaction in
 2-7     violation of Subsection (e).  An offense under this subsection is a
 2-8     Class B misdemeanor.
 2-9           SECTION 2.  This Act takes effect September 1, 1999.
2-10           SECTION 3.  The importance of this legislation and the
2-11     crowded condition of the calendars in both houses create an
2-12     emergency and an imperative public necessity that the
2-13     constitutional rule requiring bills to be read on three several
2-14     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2655 was passed by the House on May
         11, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2655 was passed by the Senate on May
         26, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor