Bill Text: TX HB1532 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the approval requirement for a rental-purchase agreement that includes a loss damage waiver provision.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-02 - Left pending in committee [HB1532 Detail]
Download: Texas-2013-HB1532-Introduced.html
83R3288 DDT-F | ||
By: Schaefer | H.B. No. 1532 |
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relating to the approval requirement for a rental-purchase | ||
agreement that includes a loss damage waiver provision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 92.153, Business & Commerce Code, is | ||
amended to read as follows: | ||
Sec. 92.153. RESTRICTIONS ON MERCHANT CONCERNING WAIVER. A | ||
merchant may not: | ||
(1) sell a loss damage waiver unless: | ||
(A) [ |
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contract containing the waiver complies with this chapter; and | ||
(B) the consumer agrees to the waiver in writing; | ||
or | ||
(2) impose or require the purchase of a loss damage | ||
waiver as a mandatory charge. | ||
SECTION 2. Sections 92.001(2) and (4), 92.158, 92.159, and | ||
92.160, Business & Commerce Code, are repealed. | ||
SECTION 3. (a) An administrative proceeding pending on the | ||
effective date of this Act that is related to a complaint filed | ||
under Section 92.160, Business & Commerce Code, as that section | ||
existed immediately before the effective date of this Act, is | ||
dismissed. | ||
(b) An administrative penalty assessed under Section | ||
92.160, Business & Commerce Code, as that section existed | ||
immediately before the effective date of this Act, and Chapter 51, | ||
Occupations Code, may be collected as provided by Chapter 51, | ||
Occupations Code. | ||
(c) Not later than the 60th day after the effective date of | ||
this Act, the Texas Department of Licensing and Regulation shall | ||
return a prorated portion of the fee paid by a merchant to the | ||
department under Section 92.159(2), Business & Commerce Code, as | ||
that section existed immediately before the effective date of this | ||
Act. | ||
SECTION 4. This Act takes effect September 1, 2013. |