Texas 2017 - 85th Regular

Texas House Bill HB2949 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Holland, et al. (Senate Sponsor - Creighton) H.B. No. 2949
2		-	(In the Senate - Received from the House May 1, 2017;
3		-	May 5, 2017, read first time and referred to Committee on Business &
4		-	Commerce; May 21, 2017, reported favorably by the following vote:
5		-	Yeas 8, Nays 0; May 21, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2949
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the maximum amount of a documentary fee charged by a
12	6		retail seller of motor vehicles.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Sections 348.006(e) and (f), Finance Code, are
15	9		amended to read as follows:
16	10		(e) Prior to increasing the maximum amount of the
17	11		documentary fee the retail seller charges, a retail seller shall
18	12		provide written notice to the commissioner of the maximum amount of
19	13		the documentary fee the retail seller intends to charge unless the
20	14		maximum amount intended to be charged is considered reasonable as
21	15		provided by Subsection (f). The commissioner may review the amount
22	16		of a documentary fee a retail seller intends to charge for
23	17		reasonableness if the retail seller is required to provide written
24	18		notice of the fee increase under this subsection. In determining
25	19		whether a fee charged by a retail seller is reasonable, the
26	20		commissioner may consider the resources required by the retail
27	21		seller to perform the retail seller's duties under state and
28	22		federal law with respect to the handling and processing of
29	23		documents relating to the sale and financing of a motor vehicle. If
30	24		the commissioner determines that a documentary fee charged is not
31	25		reasonable, the commissioner may require that the documentary fee
32	26		charged be reduced or suspended.
33	27		(f) A documentary fee charged in accordance with this
34	28		section [before September 1, 2009,] is considered reasonable for
35	29		purposes of this section if the amount is less than or equal to the
36	30		amount of the documentary fee presumed reasonable as established by
37	31		rule of the finance commission.
38	32		SECTION 2. Sections 348.006(e) and (f), Finance Code, as
39	33		amended by this Act, apply only to the sale of a motor vehicle that
40	34		occurs on or after the effective date of this Act. The sale of a
41	35		motor vehicle that occurs before the effective date of this Act is
42	36		governed by the law in effect on the date of the sale, and the former
43	37		law is continued in effect for that purpose.
44	38		SECTION 3. This Act takes effect September 1, 2017.
45		-	* * * * *
	39	+	______________________________ ______________________________
	40	+	President of the Senate Speaker of the House
	41	+	I certify that H.B. No. 2949 was passed by the House on April
	42	+	27, 2017, by the following vote: Yeas 143, Nays 1, 3 present, not
	43	+	voting.
	44	+	______________________________
	45	+	Chief Clerk of the House
	46	+	I certify that H.B. No. 2949 was passed by the Senate on May
	47	+	24, 2017, by the following vote: Yeas 31, Nays 0.
	48	+	______________________________
	49	+	Secretary of the Senate
	50	+	APPROVED: _____________________
	51	+	Date
	52	+	_____________________
	53	+	Governor