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AN ACT
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relating to the approval requirement for a rental-purchase |
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agreement that includes a loss damage waiver provision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 92.153, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 92.153. RESTRICTIONS ON MERCHANT CONCERNING WAIVER. A |
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merchant may not: |
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(1) sell a loss damage waiver unless: |
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(A) [the department has approved the form of] the |
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contract containing the waiver complies with this chapter; and |
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(B) the consumer agrees to the waiver in writing; |
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or |
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(2) impose or require the purchase of a loss damage |
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waiver as a mandatory charge. |
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SECTION 2. Subdivisions (2) and (4), Section 92.001, and |
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Sections 92.158, 92.159, and 92.160, Business & Commerce Code, are |
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repealed. |
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SECTION 3. (a) An administrative proceeding pending on the |
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effective date of this Act that is related to a complaint filed |
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under Section 92.160, Business & Commerce Code, as that section |
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existed immediately before the effective date of this Act, is |
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dismissed. |
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(b) An administrative penalty assessed under Chapter 92, |
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Business & Commerce Code, as that chapter existed immediately |
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before the effective date of this Act, and Chapter 51, Occupations |
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Code, may be collected as provided by Chapter 51, Occupations Code. |
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(c) The Texas Department of Licensing and Regulation shall |
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return a prorated portion of the fee paid by a merchant to the |
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department under Section 92.159, Business & Commerce Code, as that |
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section existed immediately before the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 289 passed the Senate on |
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March 13, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 289 passed the House on |
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May 21, 2013, by the following vote: Yeas 126, Nays 17, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |