Bill Text: TX SB289 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the approval requirement for a rental-purchase agreement that includes a loss damage waiver provision.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB289 Detail]
Download: Texas-2013-SB289-Enrolled.html
| S.B. No. 289 | ||
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| 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) [ |
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| 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. Subdivisions (2) and (4), Section 92.001, and | ||
| Sections 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| repealed.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 Chapter 92, | ||
| Business & Commerce Code, as that chapter 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) 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, Business & Commerce Code, as that | ||
| section existed immediately before the effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 289 passed the Senate on | ||
| March 13, 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 289 passed the House on | ||
| May 21, 2013, by the following vote: Yeas 126, Nays 17, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
