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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring used motor vehicle dealers to inspect |
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vehicles for sale to consumers for certain defects; creating a |
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civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter M, Chapter 2301, Occupations Code, is |
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amended by adding Section 2301.614 to read as follows: |
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Sec. 2301.614. INSPECTION AND NOTICE OF CERTAIN USED MOTOR |
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VEHICLE DEFECTS. (a) In this section: |
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(1) "Federal buyers guide" means the "Buyers Guide" |
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required under 16 C.F.R. Section 455.2. |
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(2) "Used motor vehicle" means a motor vehicle that |
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has been the subject of a first sale. |
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(b) A used motor vehicle dealer must inspect each used motor |
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vehicle the dealer offers for sale to a consumer for any major |
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defect listed on the federal buyers guide. |
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(c) Any defect identified as the result of an inspection |
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under Subsection (b) must be prominently and conspicuously |
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highlighted on the federal buyers guide. |
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(d) A person who violates this section is liable to the |
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state for a civil penalty in an amount not to exceed $500 for each |
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violation. The attorney general or the appropriate prosecuting |
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attorney in the county in which the violation occurs may bring an |
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action to recover the civil penalty imposed under this section. |
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SECTION 2. The change in law made by this Act applies only |
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to the sale of a used motor vehicle by a dealer to a consumer that |
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occurs on or after the effective date of this Act. The sale of a used |
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motor vehicle by a dealer to a consumer before the effective date of |
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this Act is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |