Bill Text: TX SB1248 | 2013-2014 | 83rd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the documentary fee charged in connection with the sale of certain recreational vehicles and boats.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-05-14 - Effective on 9/1/13 [SB1248 Detail]

Download: Texas-2013-SB1248-Introduced.html

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By: Carona S.B. No. 1248

A BILL TO BE ENTITLED
AN ACT
relating to an amount charged by a dealer in connection with the
sale of certain recreational vehicles and boats.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 345.251, Finance Code, is amended to
read as follows:
Sec. 345.251. DOCUMENTARY FEE FOR CERTAIN VEHICLES. (a) A
retail seller may charge a documentary fee for services rendered
to, for, or on behalf of a retail buyer in [preparing,] handling[,]
and processing documents relating to the sale of [, and closing a
retail installment transaction involving,] a motorcycle,
motor-driven cycle, moped, all-terrain vehicle, boat, boat motor,
boat trailer, or towable recreational vehicle.
(b) If a documentary fee is charged under this section the
fee:
(1) must be charged to cash buyers and credit buyers;
(2) may not exceed a reasonable amount agreed to by the
retail seller and retail buyer for the documentary services and may
not exceed a maximum amount set by the commission from time to time
[$50]; and
(3) must be disclosed on the buyer's order or retail
installment contract as a separate itemized charge.
(c) A preliminary work sheet on which a sale price is
computed and that is shown to the retail buyer, an order from the
buyer, or a retail installment contract must include in reasonable
proximity to the place on the document where the documentary fee is
disclosed:
(1) the amount of the fee; and
(2) the following notice in type that is bold-faced,
capitalized, or underlined or otherwise conspicuously set out from
the surrounding written material:
"A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A
DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE
CHARGED TO BUYERS FOR HANDLING DOCUMENTS [AND
PERFORMING SERVICES] RELATING TO THE [CLOSING OF A]
SALE. A DOCUMENTARY FEE MAY NOT EXCEED A REASONABLE
AMOUNT AGREED TO BY THE PARTIES [$50]. THIS NOTICE IS
REQUIRED BY LAW."
(d) The finance commission may adopt rules necessary to
implement and enforce this section.
SECTION 2. This Act takes effect September 1, 2013.