By: Carona  S.B. No. 1248
         (In the Senate - Filed March 6, 2013; March 13, 2013, read
  first time and referred to Committee on Business and Commerce;
  March 28, 2013, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; March 28, 2013,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1248 By:  Carona
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the documentary fee charged in connection with the sale
  of certain recreational vehicles and boats.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 345.251, Finance Code, is amended by
  amending Subsections (a), (b), and (c) and adding Subsection (e) to
  read as follows:
         (a)  A retail seller may charge a documentary fee for
  services rendered to, for, or on behalf of a retail buyer in
  [preparing,] handling[,] and processing documents relating to the
  sale of[, and closing a retail installment transaction involving,]
  a motorcycle, motor-driven cycle, moped, all-terrain vehicle,
  boat, boat motor, boat trailer, or towable recreational vehicle.
         (b)  If a documentary fee is charged under this section the
  fee:
               (1)  must be charged to cash buyers and credit buyers;
               (2)  may not exceed a reasonable amount agreed to by the
  retail seller and retail buyer for the documentary services,
  subject to a reasonable maximum amount set by rule by the finance
  commission [$50]; and
               (3)  must be disclosed on the buyer's order or retail
  installment contract as a separate itemized charge.
         (c)  A preliminary work sheet on which a sale price is
  computed and that is shown to the retail buyer, an order from the
  buyer, or a retail installment contract must include in reasonable
  proximity to the place on the document where the documentary fee is
  disclosed:
               (1)  the amount of the fee; and
               (2)  the following notice in type that is bold-faced,
  capitalized, or underlined or otherwise conspicuously set out from
  the surrounding written material:
         "A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A
  DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE
  CHARGED TO BUYERS FOR HANDLING DOCUMENTS [AND
  PERFORMING SERVICES] RELATING TO THE [CLOSING OF A]
  SALE. A DOCUMENTARY FEE MAY NOT EXCEED A REASONABLE
  AMOUNT AGREED TO BY THE PARTIES THAT IS NOT MORE THAN
  THE MAXIMUM AMOUNT ALLOWED BY THE STATE [$50]. THIS
  NOTICE IS REQUIRED BY LAW."
         (e)  The finance commission may adopt rules necessary to
  implement and enforce this section.
         SECTION 2.  This Act takes effect September 1, 2013.
 
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