By:  Thompson                                                     H.B. No. 2985



A BILL TO BE ENTITLED

AN ACT

relating to requirements for type size of provisions of a 
contractual agreement; providing a civil penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 35, Business & Commerce 
Code, is amended by adding Section 35.60 to read as follows:
	Sec. 35.60.  PROVISIONS OF A CONTRACTUAL AGREEMENT.  (a)  
This section applies to a person who offers to sell or provide by 
contract to another person in this state:
		(1)  a product or service described in a contractual 
agreement detailing provisions of a warranty or interest rate.
	(b)  On request of the consumer, a person described by 
Subsection (a) must provide the consumer with a written contract 
with all provisions printed in at least ten-point type.  The 
contract must be postmarked no later than 30 days from the contract 
request.
	(c)  A person who violates this section is liable to the 
state for a civil penalty in an amount not to exceed $2,000 for each 
violation and for each day of a continuing violation.  The attorney 
general or the prosecuting attorney in the county in which the 
violation occurs may bring suit to recover the civil penalty 
imposed under this section.
	(d)  The attorney general may bring an action in the name of 
the state to restrain or enjoin a person from violating this 
section.
	SECTION 2.  Section 35.60, Business & Commerce Code, as 
added by this Act, takes effect September 1, 2005, and applies only 
to a written advertisement published or displayed on or after that 
date.