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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of charges for motor vehicle repairs; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Business & Commerce Code, is amended by |
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adding Chapter 22 to read as follows: |
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CHAPTER 22. DISCLOSURE OF MOTOR VEHICLE REPAIR CHARGES |
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Sec. 22.01. DEFINITION. In this chapter, "motor vehicle |
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repair dealer" means a person in the business of repairing motor |
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vehicles. |
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Sec. 22.02. SCHEDULE OF CHARGES. (a) Before taking custody |
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of a motor vehicle, a motor vehicle repair dealer shall provide a |
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customer with a written schedule of charges that includes: |
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(1) the charge for making an estimate of repairs; |
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(2) the total charge for releasing a motor vehicle to |
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the customer in a disassembled state, if the dealer does not repair |
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the vehicle; |
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(3) the total charge for releasing a motor vehicle to |
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the customer in substantially the same condition as the vehicle was |
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in when delivered to the dealer, if the dealer does not repair the |
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vehicle; |
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(4) storage charges; |
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(5) towing charges; and |
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(6) an itemized list of all other charges, other than |
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the charges to be included in the estimate under Section 22.04. |
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(b) A motor vehicle repair dealer may not charge a person |
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for a service not listed on the schedule of charges or the estimate |
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under Section 22.04. |
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(c) A motor vehicle repair dealer shall require the customer |
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to sign the itemized schedule of charges to acknowledge that the |
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customer has read the schedule. A motor vehicle repair dealer shall |
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provide a customer a copy of the signed schedule, and shall retain a |
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copy of the signed schedule until the first anniversary of the date |
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the customer signed the schedule. |
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Sec. 22.03. PROVISION OF SCHEDULE OF CHARGES IF VEHICLE IS |
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TOWED. If a customer's motor vehicle is brought to the motor |
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vehicle repair dealer by a towing service and the dealer does not |
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have an opportunity to provide the written schedule of charges to |
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the customer before taking custody of the vehicle, the dealer may |
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provide the schedule at the time the dealer provides the customer |
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the estimate under Section 22.04. |
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Sec. 22.04. WRITTEN ESTIMATE. (a) A motor vehicle repair |
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dealer may not perform repair work on a motor vehicle before the |
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dealer provides a written estimate of: |
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(1) the total charges for the repairs, not including |
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any applicable tax; and |
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(2) the time in which the repairs will be completed. |
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(b) If the motor vehicle repair dealer must disassemble a |
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major component of a vehicle to make an estimate, the dealer shall |
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disclose that fact to the customer before the dealer disassembles |
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the component. |
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(c) After receiving an estimate under this section, a |
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customer may authorize the repairs or may request the return of the |
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customer's vehicle in a disassembled state or in substantially the |
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same condition as the vehicle was in when delivered to the dealer. |
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(d) A motor vehicle repair dealer may not charge an amount |
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that exceeds the estimate by the greater of 10 percent or $10, |
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unless the dealer notifies the customer in writing or by telephone |
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and the customer authorizes the increase. If the authorization is |
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made by telephone, the dealer shall note on the work order or |
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invoice: |
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(1) the date and time of the authorization; |
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(2) the name of the person giving the authorization; |
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and |
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(3) if the authorization was obtained by a telephone |
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call made by the motor vehicle repair dealer to the customer, the |
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telephone number called. |
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(e) If the motor vehicle repair dealer is unable to complete |
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the repair work in the time estimated, the dealer shall notify the |
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customer, and the customer may request the return of the vehicle in |
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a disassembled state or in substantially the same condition as the |
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vehicle was in when delivered to the dealer. |
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Sec. 22.05. RETURN OF VEHICLE. If a customer requests the |
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return of the customer's vehicle under Section 22.04(c) or (e), the |
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dealer shall return the vehicle to the customer not later than the |
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third working day after the customer requests the return. The |
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dealer may impose a charge for returning a vehicle only if the |
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amount of the charge is included in the schedule under Section |
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22.02. |
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Sec. 22.06. PROVISION OF DETAILED INVOICE. (a) A motor |
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vehicle repair dealer shall record work performed on an invoice |
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that: |
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(1) describes the repair work done with reasonable |
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particularity; |
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(2) lists the name and exact charge for each part |
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supplied and clearly discloses whether each part supplied was used, |
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rebuilt, or reconditioned; and |
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(3) discloses the trade name, business address, and |
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business telephone number of the dealer. |
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(b) The motor vehicle repair dealer shall provide one copy |
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of the invoice to the customer and shall retain one copy until the |
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first anniversary of the date the repair work is completed. |
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Sec. 22.07. RETURN OF REPLACED PART. A motor vehicle repair |
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dealer shall return a replaced part to the customer if requested by |
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the customer when the estimate is given. A dealer is not required |
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to return a part that must be returned to the manufacturer or |
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distributor under a warranty or for exchange. |
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Sec. 22.08. EXCEPTION. A motor vehicle repair dealer is not |
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required to provide a written schedule or estimate under this |
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chapter if the dealer charges $15 or less for the repair work. |
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Sec. 22.09. CIVIL PENALTY. (a) A motor vehicle repair |
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dealer is liable to the state for a civil penalty not to exceed $500 |
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for each violation. |
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(b) The attorney general may sue to collect the penalty. |
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SECTION 2. This Act takes effect September 1, 2009. |