Texas 2009 - 81st Regular

Texas House Bill HB2556

Filed
 
Out of House Committee
4/21/09  
Voted on by House
5/4/09  
Out of Senate Committee
5/18/09  
Voted on by Senate
5/25/09  
Governor Action
6/19/09  
Bill Becomes Law
 
Enrolled
5/30/09  

Caption

Relating to the rights and duties of the parties to a motor vehicle retail installment contract or a conditional delivery agreement involving the sale or conditional delivery of a motor vehicle; providing an administrative penalty.

Impact

The bill modifies existing regulations outlined in Chapter 348 of the Finance Code, significantly impacting how motor vehicle sales and financing arrangements are structured in Texas. By defining the parameters of conditional delivery agreements, the bill aims to protect prospective buyers by ensuring that they are refunded for any payments made, should a formal purchase not materialize. The enforcement of these provisions is placed solely within the jurisdiction of the commissioner, establishing a clear regulatory framework for compliance and oversight of retail installment contracts.

Summary

House Bill 2556 addresses the rights and duties related to motor vehicle retail installment contracts and conditional delivery agreements. The legislation specifically introduces provisions regarding the nature of conditional delivery agreements, stating that such agreements must not confer any legal or equitable rights of ownership to the prospective buyer. It allows prospective buyers to use a vehicle for a limited term not exceeding 15 days. Additionally, if a final retail installment contract is not executed by the end of this period, the retail seller is required to refund any consideration provided by the buyer within seven days after the contract's termination.

Contention

There were discussions around the implications of the bill, especially concerning local regulations regarding vehicle sales and financing. Some expressed concerns that while the bill aims to provide clarity and consumer protection, it may inadvertently limit flexibility for businesses operating in the seller financing space. The lack of a private right of action under this legislation means that disputes primarily fall under the authority of the commissioner, which some stakeholders view as potentially undermining consumer recourse options. Ultimately, the conversation around HB2556 highlights a balancing act between consumer protection and the regulatory landscape for motor vehicle sales.

Companion Bills

No companion bills found.

Previously Filed As

TX HB4078

Relating to motor vehicle franchised dealers and the reimbursement of motor vehicle franchised dealers by manufacturers and distributors for warranty, recall, and preparation and delivery work.

TX SB2099

Relating to motor vehicle franchised dealers and the reimbursement of motor vehicle franchised dealers by manufacturers and distributors for warranty, recall, and preparation and delivery work.

TX SB1464

Relating to prohibiting a retail seller of motor vehicles from imposing certain restrictions on the purchase of a motor vehicle.

TX HB4602

Relating to the collection, remittance, and administration of certain taxes on motor vehicles rented through a marketplace rental provider; imposing a penalty.

TX HB3209

Relating to the collection, remittance, and administration of certain taxes on motor vehicles rented through a marketplace rental provider; imposing a penalty.

TX SB1498

Relating to the collection, remittance, and administration of the tax on gross rental receipts on motor vehicles rented through a marketplace rental provider; imposing a penalty.

TX HB1933

Relating to the process for rescinding or canceling a dealer's sale of a used motor vehicle.

TX HB1321

Relating to certain insurance practices with respect to repair of motor vehicles.

TX SB1083

Relating to insurer restrictions and duties regarding repair of a motor vehicle covered under an insurance policy.

TX HB3476

Relating to insurer restrictions and duties regarding repair of a motor vehicle covered under an insurance policy.

Similar Bills

TX HB2559

Relating to commercial motor vehicle installment sales.

CA SB1174

Commercial real estate: disclosures.

WV HB2677

Relating to increasing the amount of money for which a purchase may be made without obtaining three bids to ten thousand dollars

CT HB05151

An Act Concerning The Department Of Consumer Protection's Recommendations Regarding Homemaker-companion Agencies, Contractors, Heating Fuel, Food Establishments, Continuing Education And Appraisals.

WV HB2126

Relating to increasing the amount of money for which a purchase may be made without obtaining three bids to ten thousand dollars

CT HB06623

An Act Concerning Property And Casualty Insurance.

CT HB05345

An Act Concerning Cooperative Health Care Arrangements.

CA AB152

Background checks and fingerprinting: state employment, licensing, and contracting.