By Elkins H.B. No. 2655
76R4052 MLS-D
A BILL TO BE ENTITLED
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.