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.
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