Texas 2009 - 81st Regular

Texas House Bill HB4526 Compare Versions

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1	1	81R28182 JSC-D
2	2	By: Villarreal H.B. No. 4526
3	3	Substitute the following for H.B. No. 4526:
4	4	By: England C.S.H.B. No. 4526
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the disclosure of charges for motor vehicle repairs;
10	10	providing a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 2, Business & Commerce Code, is amended by
13	13	adding Chapter 22 to read as follows:
14	14	CHAPTER 22. DISCLOSURE OF MOTOR VEHICLE REPAIR CHARGES
15	15	Sec. 22.01. DEFINITION. In this chapter, "motor vehicle
16	16	repair dealer" means a person in the business of performing
17	17	mechanical or nonmechanical repairs on motor vehicles.
18	18	Sec. 22.02. SCHEDULE OF CHARGES. (a) Before taking
19	19	possession of a motor vehicle, a motor vehicle repair dealer shall
20	20	provide a customer with a written schedule of charges that
21	21	includes:
22	22	(1) the charge for making an estimate of repairs;
23	23	(2) the total estimated charge for releasing a motor
24	24	vehicle to the customer in a disassembled state, if the dealer does
25	25	not repair the vehicle;
26	26	(3) the total estimated charge for releasing a motor
27	27	vehicle to the customer in substantially the same condition as the
28	28	vehicle was in when delivered to the dealer, if the dealer does not
29	29	repair the vehicle;
30	30	(4) storage charges;
31	31	(5) towing charges;
32	32	(6) the posted labor rate; and
33	33	(7) an itemized list of all other foreseeable charges,
34	34	other than the charges to be included in the estimate under Section
35	35	22.04.
36	36	(b) The schedule of charges must include a written notice in
37	37	substantially the following form:
38	38	"NOTICE: UNFORESEEN DAMAGE. In the course of having an
39	39	estimate made, a part of your vehicle may be damaged due to age,
40	40	stress, heat, or a defect, and it may not be possible to return the
41	41	vehicle to substantially the same condition as the vehicle was in
42	42	when delivered to the motor vehicle repair dealer without repairing
43	43	or replacing that part. If this occurs, the motor vehicle repair
44	44	dealer may request additional charges above the amount in the
45	45	schedule of charges for the purpose of repairing or replacing the
46	46	part. If you do not authorize the additional charges, the motor
47	47	vehicle repair dealer is not required to return the vehicle to you
48	48	in substantially the same condition as the vehicle was in when
49	49	delivered to the repair dealer, and may release the vehicle to you
50	50	in a disassembled state."
51	51	(c) A motor vehicle repair dealer may not charge a customer
52	52	for a service not listed on the schedule of charges or the estimate
53	53	under Section 22.04, unless the dealer notifies the customer in
54	54	writing, by telephone, or in another manner authorized by the
55	55	customer, and the customer agrees to the charge.
56	56	(d) A motor vehicle repair dealer shall require the customer
57	57	to sign the itemized schedule of charges to acknowledge that the
58	58	customer has read the schedule. A motor vehicle repair dealer shall
59	59	provide a customer a copy of the signed schedule, and shall retain a
60	60	copy of the signed schedule until the first anniversary of the date
61	61	the customer signed the schedule.
62	62	Sec. 22.03. PROVISION OF SCHEDULE OF CHARGES IF VEHICLE IS
63	63	TOWED. If a customer's motor vehicle is brought to the motor
64	64	vehicle repair dealer by a towing service and the dealer does not
65	65	have an opportunity to provide the written schedule of charges to
66	66	the customer before taking possession of the vehicle, the dealer
67	67	shall provide the schedule of charges not later than the time the
68	68	dealer provides the customer the estimate under Section 22.04.
69	69	Sec. 22.04. WRITTEN ESTIMATE. (a) A motor vehicle repair
70	70	dealer may not perform repair work on a motor vehicle before the
71	71	dealer provides to the customer a written estimate of:
72	72	(1) the total charges for the repairs, not including
73	73	any applicable tax; and
74	74	(2) the time in which the repairs will be completed.
75	75	(b) If the motor vehicle repair dealer must disassemble a
76	76	major component of a vehicle to make an estimate, the dealer shall
77	77	disclose that fact to the customer before the dealer disassembles
78	78	the component.
79	79	(c) After receiving an estimate under this section, a
80	80	customer may authorize the repairs or may request the return of the
81	81	customer's vehicle in a disassembled state or in substantially the
82	82	same condition as the vehicle was in when delivered to the dealer.
83	83	(d) A motor vehicle repair dealer may not charge an amount
84	84	that exceeds the estimate by 10 percent, unless the dealer notifies
85	85	the customer in writing, by telephone, or in another manner
86	86	authorized by the customer and the customer authorizes the
87	87	increase. If the customer authorizes the increase, the dealer
88	88	shall note on the work order or invoice:
89	89	(1) the manner of authorization;
90	90	(2) the date and time of the authorization;
91	91	(3) the name of the person giving the authorization;
92	92	(4) if the authorization was obtained by a telephone
93	93	call made by the motor vehicle repair dealer to the customer, the
94	94	telephone number called; and
95	95	(5) if the authorization was obtained by electronic
96	96	communication, the e-mail address or telephone number from which
97	97	the communication originated, if applicable.
98	98	(e) If the motor vehicle repair dealer is unable to complete
99	99	the repair work in the time estimated, the dealer shall notify the
100	100	customer, and the customer may request the return of the vehicle in
101	101	a disassembled state or in substantially the same condition as the
102	102	vehicle was in when delivered to the dealer.
103	103	Sec. 22.05. WAIVER. (a) A consumer may waive receipt of
104	104	the schedule of charges or the estimate if the consumer signs and
105	105	provides to the motor vehicle repair dealer a written waiver as
106	106	provided by this section that must be:
107	107	(1) conspicuous and in boldface type of at least
108	108	10-point size; and
109	109	(2) identified by the heading "Waiver of Consumer
110	110	Rights" or words of similar meaning.
111	111	(b) A waiver of the right to receive the schedule of charges
112	112	under Section 22.02 must be in substantially the following form:
113	113	"I waive my rights under Chapter 22, Business & Commerce
114	114	Code, to receive a written schedule of charges from a motor vehicle
115	115	repair dealer for making an estimate of the cost of repairs to my
116	116	motor vehicle. I understand that I am waiving the right to an
117	117	itemized list of charges involved in making the estimate, including
118	118	towing and storage charges and the cost associated with the return
119	119	of my vehicle in substantially the same condition as the vehicle was
120	120	in when delivered to the dealer or in a disassembled state. I
121	121	voluntarily consent to this waiver."
122	122	(c) A waiver of the right to receive an estimate under
123	123	Section 22.04 must be in substantially the following form:
124	124	"I waive my rights under Chapter 22, Business & Commerce
125	125	Code, to receive a written estimate from a motor vehicle repair
126	126	dealer for the cost of repairing my motor vehicle and the time by
127	127	which the repairs will be completed. I voluntarily consent to this
128	128	waiver."
129	129	(d) A motor vehicle repair dealer may not:
130	130	(1) require a customer to sign a waiver as a condition
131	131	of doing business with the customer; or
132	132	(2) incentivize, coerce, or harass a customer to sign
133	133	a waiver.
134	134	Sec. 22.06. RETURN OF VEHICLE. (a) If a customer requests
135	135	the return of the customer's vehicle under Section 22.04(c) or (e),
136	136	the motor vehicle repair dealer shall return the vehicle to the
137	137	customer at the earliest practicable commercially reasonable time
138	138	after the customer requests the return. The dealer may impose a
139	139	charge for returning a vehicle only if the amount of the charge is
140	140	included in the schedule under Section 22.02.
141	141	(b) Notwithstanding Subsection (a), if, in the course of
142	142	having an estimate of repair work made, a part is damaged due to
143	143	age, stress, heat, or a defect, and because of the damaged part it
144	144	is no longer possible to return the vehicle in substantially the
145	145	same condition as the vehicle was in when delivered to the motor
146	146	vehicle repair dealer, the dealer may request that the customer
147	147	authorize an additional charge for the repair or replacement of the
148	148	part. If the customer does not authorize the additional charge, the
149	149	dealer is not required to return the vehicle in substantially the
150	150	same condition as the vehicle was in when delivered to the dealer
151	151	and may return the vehicle to the customer in a disassembled state.
152	152	Sec. 22.07. PROVISION OF DETAILED INVOICE. (a) A motor
153	153	vehicle repair dealer shall record work performed on an invoice
154	154	that:
155	155	(1) describes the repair work done with reasonable
156	156	particularity;
157	157	(2) lists the name and exact charge for each part
158	158	supplied and clearly discloses whether each part supplied was used,
159	159	rebuilt, or reconditioned; and
160	160	(3) discloses the trade name, business address, and
161	161	business telephone number of the dealer.
162	162	(b) The motor vehicle repair dealer shall provide one copy
163	163	of the invoice to the customer and shall retain one copy until the
164	164	first anniversary of the date the repair work is completed.
165	165	Sec. 22.08. RETURN OF REPLACED PART. A motor vehicle repair
166	166	dealer shall return a replaced part to the customer if requested by
167	167	the customer when the invoice is given. A dealer is not required to
168	168	return a part that must be returned to the manufacturer or
169	169	distributor under a warranty or for exchange.
170	170	Sec. 22.09. EXCEPTION. A motor vehicle repair dealer is not
171	171	required to provide a written schedule or estimate under this
172	172	chapter if the dealer charges $15 or less for the repair work.
173	173	Sec. 22.10. DECEPTIVE TRADE PRACTICE. A violation of this
174	174	chapter is a false, misleading, or deceptive act or practice as
175	175	defined by Section 17.46(b), and a remedy under Subchapter E,
176	176	Chapter 17, is available for a violation of this chapter.
177	177	Sec. 22.11. INJUNCTION. The attorney general may bring an
178	178	action to enjoin a violation of this chapter.
179	179	Sec. 22.12. CIVIL PENALTY. (a) A motor vehicle repair
180	180	dealer is liable to the state for a civil penalty not to exceed $500
181	181	for each violation.
182	182	(b) The attorney general may sue to collect the penalty.
183	183	SECTION 2. This Act takes effect September 1, 2009.