HBA-EVB H.B. 2655 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2655
By: Elkins
Business & Industry
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law authorizes a worker in this state who by labor repairs
an article, including a vehicle, motorboat, vessel, or outboard motor to
retain possession of the article until the amount due under the contract
for the repairs is paid; or if no amount is specified by contract,
reasonable and usual compensation.  

However, current law does not entitle a worker who relinquishes possession
of a vehicle, motorboat, vessel, or outboard motor, to the lien provided by
Section 70.001 (Worker's Lien), Property Code, if a credit card transaction
has been dishonored. H.B. 2655 entitles such a worker to possession of
those articles in that event, with an exception. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 70.001(b), (e), and (f), Property Code, as
follows: 

(b) Includes a credit card transaction among the forms of payment for which
a worker is entitled to possession of certain specified items and provides
that the lien set forth under this section continues to exist, if payment
is stopped, has been dishonored because of insufficient funds, no funds or
because the drawer or maker of the order or the credit card holder has no
account or the account upon which it was drawn or the credit card account
has been closed. 

(e) Prohibits a worker from transferring to a third party, and prohibits a
person who performs repossession services from accepting, a check, money
order, or credit card transaction that is received as payment for repair of
an article and that is returned to the worker because of insufficient funds
or no funds, because the drawer or maker of the check or money order or the
credit card holder has no account, or because the account on which the
check or money order is drawn or the credit card account has been closed. 

(f) Provides that a person commits a Class B misdemeanor if the person
transfers or accepts a check, money order, or credit card transaction in
violation of Subsection (e).  

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.