81R10955 JSC-D
By: Villarreal H.B. No. 4526
A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of charges for motor vehicle repairs;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Business & Commerce Code, is amended by
adding Chapter 22 to read as follows:
CHAPTER 22. DISCLOSURE OF MOTOR VEHICLE REPAIR CHARGES
Sec. 22.01. DEFINITION. In this chapter, "motor vehicle
repair dealer" means a person in the business of repairing motor
vehicles.
Sec. 22.02. SCHEDULE OF CHARGES. (a) Before taking custody
of a motor vehicle, a motor vehicle repair dealer shall provide a
customer with a written schedule of charges that includes:
(1) the charge for making an estimate of repairs;
(2) the total charge for releasing a motor vehicle to
the customer in a disassembled state, if the dealer does not repair
the vehicle;
(3) the total charge for releasing a motor vehicle to
the customer in substantially the same condition as the vehicle was
in when delivered to the dealer, if the dealer does not repair the
vehicle;
(4) storage charges;
(5) towing charges; and
(6) an itemized list of all other charges, other than
the charges to be included in the estimate under Section 22.04.
(b) A motor vehicle repair dealer may not charge a person
for a service not listed on the schedule of charges or the estimate
under Section 22.04.
(c) A motor vehicle repair dealer shall require the customer
to sign the itemized schedule of charges to acknowledge that the
customer has read the schedule. A motor vehicle repair dealer shall
provide a customer a copy of the signed schedule, and shall retain a
copy of the signed schedule until the first anniversary of the date
the customer signed the schedule.
Sec. 22.03. PROVISION OF SCHEDULE OF CHARGES IF VEHICLE IS
TOWED. If a customer's motor vehicle is brought to the motor
vehicle repair dealer by a towing service and the dealer does not
have an opportunity to provide the written schedule of charges to
the customer before taking custody of the vehicle, the dealer may
provide the schedule at the time the dealer provides the customer
the estimate under Section 22.04.
Sec. 22.04. WRITTEN ESTIMATE. (a) A motor vehicle repair
dealer may not perform repair work on a motor vehicle before the
dealer provides a written estimate of:
(1) the total charges for the repairs, not including
any applicable tax; and
(2) the time in which the repairs will be completed.
(b) If the motor vehicle repair dealer must disassemble a
major component of a vehicle to make an estimate, the dealer shall
disclose that fact to the customer before the dealer disassembles
the component.
(c) After receiving an estimate under this section, a
customer may authorize the repairs or may request the return of the
customer's vehicle in a disassembled state or in substantially the
same condition as the vehicle was in when delivered to the dealer.
(d) A motor vehicle repair dealer may not charge an amount
that exceeds the estimate by the greater of 10 percent or $10,
unless the dealer notifies the customer in writing or by telephone
and the customer authorizes the increase. If the authorization is
made by telephone, the dealer shall note on the work order or
invoice:
(1) the date and time of the authorization;
(2) the name of the person giving the authorization;
and
(3) if the authorization was obtained by a telephone
call made by the motor vehicle repair dealer to the customer, the
telephone number called.
(e) If the motor vehicle repair dealer is unable to complete
the repair work in the time estimated, the dealer shall notify the
customer, and the customer may request the return of the vehicle in
a disassembled state or in substantially the same condition as the
vehicle was in when delivered to the dealer.
Sec. 22.05. RETURN OF VEHICLE. If a customer requests the
return of the customer's vehicle under Section 22.04(c) or (e), the
dealer shall return the vehicle to the customer not later than the
third working day after the customer requests the return. The
dealer may impose a charge for returning a vehicle only if the
amount of the charge is included in the schedule under Section
22.02.
Sec. 22.06. PROVISION OF DETAILED INVOICE. (a) A motor
vehicle repair dealer shall record work performed on an invoice
that:
(1) describes the repair work done with reasonable
particularity;
(2) lists the name and exact charge for each part
supplied and clearly discloses whether each part supplied was used,
rebuilt, or reconditioned; and
(3) discloses the trade name, business address, and
business telephone number of the dealer.
(b) The motor vehicle repair dealer shall provide one copy
of the invoice to the customer and shall retain one copy until the
first anniversary of the date the repair work is completed.
Sec. 22.07. RETURN OF REPLACED PART. A motor vehicle repair
dealer shall return a replaced part to the customer if requested by
the customer when the estimate is given. A dealer is not required
to return a part that must be returned to the manufacturer or
distributor under a warranty or for exchange.
Sec. 22.08. EXCEPTION. A motor vehicle repair dealer is not
required to provide a written schedule or estimate under this
chapter if the dealer charges $15 or less for the repair work.
Sec. 22.09. CIVIL PENALTY. (a) A motor vehicle repair
dealer is liable to the state for a civil penalty not to exceed $500
for each violation.
(b) The attorney general may sue to collect the penalty.
SECTION 2. This Act takes effect September 1, 2009.