| 1 | 1 | | 84R8621 GRM-D |
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| 2 | 2 | | By: Collier H.B. No. 2169 |
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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 requiring used motor vehicle dealers to inspect |
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| 8 | 8 | | vehicles for sale to consumers for certain defects; creating a |
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| 9 | 9 | | civil penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter M, Chapter 2301, Occupations Code, is |
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| 12 | 12 | | amended by adding Section 2301.614 to read as follows: |
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| 13 | 13 | | Sec. 2301.614. INSPECTION AND NOTICE OF CERTAIN USED MOTOR |
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| 14 | 14 | | VEHICLE DEFECTS. (a) In this section: |
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| 15 | 15 | | (1) "Federal buyers guide" means the "Buyers Guide" |
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| 16 | 16 | | required under 16 C.F.R. Section 455.2. |
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| 17 | 17 | | (2) "Used motor vehicle" means a motor vehicle that |
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| 18 | 18 | | has been the subject of a first sale. |
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| 19 | 19 | | (b) A used motor vehicle dealer must inspect each used motor |
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| 20 | 20 | | vehicle the dealer offers for sale to a consumer for any major |
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| 21 | 21 | | defect listed on the federal buyers guide. |
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| 22 | 22 | | (c) Any defect identified as the result of an inspection |
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| 23 | 23 | | under Subsection (b) must be prominently and conspicuously |
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| 24 | 24 | | highlighted on the federal buyers guide. |
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| 25 | 25 | | (d) A person who violates this section is liable to the |
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| 26 | 26 | | state for a civil penalty in an amount not to exceed $500 for each |
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| 27 | 27 | | violation. The attorney general or the appropriate prosecuting |
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| 28 | 28 | | attorney in the county in which the violation occurs may bring an |
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| 29 | 29 | | action to recover the civil penalty imposed under this section. |
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| 30 | 30 | | SECTION 2. The change in law made by this Act applies only |
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| 31 | 31 | | to the sale of a used motor vehicle by a dealer to a consumer that |
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| 32 | 32 | | occurs on or after the effective date of this Act. The sale of a used |
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| 33 | 33 | | motor vehicle by a dealer to a consumer before the effective date of |
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| 34 | 34 | | this Act is governed by the law as it existed immediately before the |
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| 35 | 35 | | effective date of this Act, and that law is continued in effect for |
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| 36 | 36 | | that purpose. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2015. |
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