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A BILL TO BE ENTITLED
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AN ACT
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relating to an amount charged by a dealer in connection with the |
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sale of certain recreational vehicles and boats. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 345.251, Finance Code, is amended to |
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read as follows: |
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Sec. 345.251. DOCUMENTARY FEE FOR CERTAIN VEHICLES. (a) A |
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retail seller may charge a documentary fee for services rendered |
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to, for, or on behalf of a retail buyer in [preparing,] handling[,] |
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and processing documents relating to the sale of [, and closing a
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retail installment transaction involving,] a motorcycle, |
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motor-driven cycle, moped, all-terrain vehicle, boat, boat motor, |
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boat trailer, or towable recreational vehicle. |
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(b) If a documentary fee is charged under this section the |
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fee: |
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(1) must be charged to cash buyers and credit buyers; |
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(2) may not exceed a reasonable amount agreed to by the |
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retail seller and retail buyer for the documentary services and may |
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not exceed a maximum amount set by the commission from time to time |
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[$50]; and |
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(3) must be disclosed on the buyer's order or retail |
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installment contract as a separate itemized charge. |
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(c) A preliminary work sheet on which a sale price is |
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computed and that is shown to the retail buyer, an order from the |
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buyer, or a retail installment contract must include in reasonable |
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proximity to the place on the document where the documentary fee is |
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disclosed: |
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(1) the amount of the fee; and |
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(2) the following notice in type that is bold-faced, |
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capitalized, or underlined or otherwise conspicuously set out from |
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the surrounding written material: |
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"A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A |
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DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE |
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CHARGED TO BUYERS FOR HANDLING DOCUMENTS [AND
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PERFORMING SERVICES] RELATING TO THE [CLOSING OF A] |
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SALE. A DOCUMENTARY FEE MAY NOT EXCEED A REASONABLE |
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AMOUNT AGREED TO BY THE PARTIES [$50]. THIS NOTICE IS |
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REQUIRED BY LAW." |
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(d) The finance commission may adopt rules necessary to |
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implement and enforce this section. |
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SECTION 2. This Act takes effect September 1, 2013. |