| By: Thompson of Harris (Senate Sponsor - Carona) | H.B. No. 2462 | |
| (In the Senate - Received from the House April 22, 2013; | ||
| April 25, 2013, read first time and referred to Committee on | ||
| Business and Commerce; May 8, 2013, reported adversely, with | ||
| favorable Committee Substitute by the following vote: | ||
| Yeas 7, Nays 0; May 8, 2013, sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR H.B. No. 2462 | By: Carona | |
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| relating to automobile club memberships offered in connection with | ||
| certain motor vehicle retail installment contracts. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 348.005, Finance Code, is amended to | ||
| read as follows: | ||
| Sec. 348.005. ITEMIZED CHARGE. An amount in a retail | ||
| installment contract is an itemized charge if the amount is not | ||
| included in the cash price and is the amount of: | ||
| (1) fees for registration, certificate of title, and | ||
| license and any additional registration fees charged by a full | ||
| service deputy under Section 520.008 [ |
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| Code; | ||
| (2) any taxes; | ||
| (3) fees or charges prescribed by law and connected | ||
| with the sale or inspection of the motor vehicle; and | ||
| (4) charges authorized for insurance, service | ||
| contracts, warranties, automobile club memberships, or a debt | ||
| cancellation agreement by Subchapter C. | ||
| SECTION 2. Subchapter E, Chapter 348, Finance Code, is | ||
| amended by adding Section 348.414 to read as follows: | ||
| Sec. 348.414. AUTOMOBILE CLUB MEMBERSHIP OFFERED IN | ||
| CONNECTION WITH RETAIL INSTALLMENT CONTRACT. (a) A retail seller | ||
| may, at the time a retail installment contract is executed, offer to | ||
| sell to the retail buyer an automobile club membership. | ||
| (b) The retail seller shall give the retail buyer written | ||
| notice at the time the retail installment contract is executed that | ||
| the retail buyer: | ||
| (1) is not required to purchase the membership as a | ||
| condition for approval of the contract; and | ||
| (2) is entitled to cancel the membership and receive a | ||
| full refund of the purchase price of the membership before the 31st | ||
| day after the date the contract is executed. | ||
| (c) The retail seller shall notify the retail buyer if the | ||
| membership includes services that are provided by the manufacturer | ||
| as part of the motor vehicle purchase. | ||
| (d) The amount charged for a membership as authorized by | ||
| Subsection (a) must be reasonable. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| a retail installment contract executed on or after the effective | ||
| date of this Act. A retail installment contract executed before the | ||
| effective date of this Act is governed by the law in effect when the | ||
| retail installment contract was executed, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2013. | ||
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