83R3288 DDT-F
By: Schaefer H.B. No. 1532
A BILL TO BE ENTITLED
AN ACT
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) [the department has approved the form of] the
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92.160, Business & Commerce Code, are repealed.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.