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By: Huffman |
S.B. No. 361 |
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(In the Senate - Filed January 16, 2019; February 7, 2019, |
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read first time and referred to Committee on Business & Commerce; |
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March 14, 2019, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 9, Nays 0; March 14, 2019, |
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sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 361 |
By: Campbell |
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A BILL TO BE ENTITLED
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AN ACT
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relating to certain contracts for the transfer of a pet. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 99, Business & Commerce Code, is amended by |
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adding Chapter 2005 to read as follows: |
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CHAPTER 2005. CERTAIN CONTRACTS FOR TRANSFER OF PETS PROHIBITED |
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Sec. 2005.001. DEFINITIONS. In this chapter: |
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(1) "Livestock" has the meaning assigned by Section |
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1.003, Agriculture Code. |
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(2) "Pet" means a domesticated animal, including a cat |
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or dog, that is owned by an individual and kept in or near the |
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household of the individual for the primary purpose of |
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companionship. The term does not include livestock. |
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Sec. 2005.002. CERTAIN CONTRACTS FOR TRANSFER OF PET |
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PROHIBITED. (a) A contract for the transfer of a pet or financing |
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for the transfer of a pet may not: |
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(1) make ownership of the pet contingent upon the |
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buyer making payments after the transfer of possession of the pet to |
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the buyer; |
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(2) provide for the lease of a pet with the option to |
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purchase the pet at the end of the lease term; or |
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(3) authorize the use of the pet as collateral that may |
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be repossessed by the seller. |
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(b) This section does not prohibit the purchase of a pet |
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using an unsecured personal loan. |
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Sec. 2005.003. CERTAIN CONTRACTS VOID. A contract entered |
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into in violation of this chapter is void. |
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SECTION 2. Chapter 2005, Business & Commerce Code, as added |
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by this Act, applies only to a contract for the transfer of a pet |
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entered into on or after the effective date of this Act. A contract |
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for the transfer of a pet entered into before the effective date of |
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this Act is governed by the law in effect on the date the contract is |
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entered into, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |
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* * * * * |