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AN ACT
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relating to the maximum amount of a documentary fee charged by a |
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retail seller of motor vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 348.006(e) and (f), Finance Code, are |
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amended to read as follows: |
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(e) Prior to increasing the maximum amount of the |
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documentary fee the retail seller charges, a retail seller shall |
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provide written notice to the commissioner of the maximum amount of |
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the documentary fee the retail seller intends to charge unless the |
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maximum amount intended to be charged is considered reasonable as |
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provided by Subsection (f). The commissioner may review the amount |
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of a documentary fee a retail seller intends to charge for |
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reasonableness if the retail seller is required to provide written |
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notice of the fee increase under this subsection. In determining |
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whether a fee charged by a retail seller is reasonable, the |
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commissioner may consider the resources required by the retail |
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seller to perform the retail seller's duties under state and |
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federal law with respect to the handling and processing of |
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documents relating to the sale and financing of a motor vehicle. If |
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the commissioner determines that a documentary fee charged is not |
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reasonable, the commissioner may require that the documentary fee |
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charged be reduced or suspended. |
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(f) A documentary fee charged in accordance with this |
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section [before September 1, 2009,] is considered reasonable for |
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purposes of this section if the amount is less than or equal to the |
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amount of the documentary fee presumed reasonable as established by |
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rule of the finance commission. |
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SECTION 2. Sections 348.006(e) and (f), Finance Code, as |
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amended by this Act, apply only to the sale of a motor vehicle that |
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occurs on or after the effective date of this Act. The sale of a |
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motor vehicle that occurs before the effective date of this Act is |
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governed by the law in effect on the date of the sale, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2949 was passed by the House on April |
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27, 2017, by the following vote: Yeas 143, Nays 1, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2949 was passed by the Senate on May |
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24, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |