1-1 By: Elkins (Senate Sponsor - Carona) H.B. No. 2655
1-2 (In the Senate - Received from the House May 11, 1999;
1-3 May 12, 1999, read first time and referred to Committee on Economic
1-4 Development; May 14, 1999, reported favorably by the following
1-5 vote: 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 repossession of a motor vehicle for repair charges.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Sections 70.001(b), (e), and (f), Property Code,
1-11 are amended to read as follows:
1-12 (b) If a worker relinquishes possession of a motor vehicle,
1-13 motorboat, vessel, or outboard motor in return for a check, [or]
1-14 money order, or a credit card transaction on which payment is
1-15 stopped, has been dishonored because of insufficient funds, no
1-16 funds or because the drawer or maker of the order or the credit
1-17 card holder has no account or the account upon which it was drawn
1-18 or the credit card account has been closed, the lien provided by
1-19 this section continues to exist and the worker is entitled to
1-20 possession of the vehicle, motorboat, vessel, or outboard motor
1-21 until the amount due is paid, unless the vehicle, motorboat,
1-22 vessel, or outboard motor is possessed by a person who became a
1-23 bona fide purchaser of the vehicle after a stop payment order was
1-24 made. A person entitled to possession of property under this
1-25 subsection is entitled to take possession thereof in accordance
1-26 with the provisions of Section 9.503, Business & Commerce Code.
1-27 (e) A worker may not transfer to a third party, and a person
1-28 who performs repossession services may not accept, a check, [or]
1-29 money order, or credit card transaction that is received as payment
1-30 for repair of an article and that is returned to the worker
1-31 because of insufficient funds or no funds, because the drawer or
1-32 maker of the check or money order or the credit card holder has no
1-33 account, or because the account on which the check or money order
1-34 is drawn or the credit card account has been closed.
1-35 (f) A person commits an offense if the person transfers or
1-36 accepts a check, [or] money order, or credit card transaction in
1-37 violation of Subsection (e). An offense under this subsection is a
1-38 Class B misdemeanor.
1-39 SECTION 2. This Act takes effect September 1, 1999.
1-40 SECTION 3. The importance of this legislation and the
1-41 crowded condition of the calendars in both houses create an
1-42 emergency and an imperative public necessity that the
1-43 constitutional rule requiring bills to be read on three several
1-44 days in each house be suspended, and this rule is hereby suspended.
1-45 * * * * *