| 1 | 1 | | By: Carona S.B. No. 289 |
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| 2 | 2 | | (Schaefer) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the approval requirement for a rental-purchase |
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| 8 | 8 | | agreement that includes a loss damage waiver provision. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 92.153, Business & Commerce Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 92.153. RESTRICTIONS ON MERCHANT CONCERNING WAIVER. A |
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| 13 | 13 | | merchant may not: |
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| 14 | 14 | | (1) sell a loss damage waiver unless: |
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| 15 | 15 | | (A) [the department has approved the form of] the |
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| 16 | 16 | | contract containing the waiver complies with this chapter; and |
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| 17 | 17 | | (B) the consumer agrees to the waiver in writing; |
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| 18 | 18 | | or |
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| 19 | 19 | | (2) impose or require the purchase of a loss damage |
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| 20 | 20 | | waiver as a mandatory charge. |
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| 21 | 21 | | SECTION 2. Subdivisions (2) and (4), Section 92.001, and |
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| 22 | 22 | | Sections 92.158, 92.159, and 92.160, Business & Commerce Code, are |
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| 23 | 23 | | repealed. |
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| 24 | 24 | | SECTION 3. (a) An administrative proceeding pending on the |
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| 25 | 25 | | effective date of this Act that is related to a complaint filed |
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| 26 | 26 | | under Section 92.160, Business & Commerce Code, as that section |
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| 27 | 27 | | existed immediately before the effective date of this Act, is |
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| 28 | 28 | | dismissed. |
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| 29 | 29 | | (b) An administrative penalty assessed under Chapter 92, |
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| 30 | 30 | | Business & Commerce Code, as that chapter existed immediately |
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| 31 | 31 | | before the effective date of this Act, and Chapter 51, Occupations |
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| 32 | 32 | | Code, may be collected as provided by Chapter 51, Occupations Code. |
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| 33 | 33 | | (c) The Texas Department of Licensing and Regulation shall |
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| 34 | 34 | | return a prorated portion of the fee paid by a merchant to the |
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| 35 | 35 | | department under Section 92.159, Business & Commerce Code, as that |
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| 36 | 36 | | section existed immediately before the effective date of this Act. |
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| 37 | 37 | | SECTION 4. This Act takes effect September 1, 2013. |
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