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Texas Occupations Code - Section 1805.002. Application To Business Machines

Legal Research Home > Texas Laws > Occupations Code > Texas Occupations Code - Section 1805.002. Application To Business Machines

§ 1805.002. APPLICATION TO BUSINESS MACHINES.  (a) This 
chapter applies only to a business machine that has previously been 
sold at retail.
	(b)  This chapter does not apply to a business machine:                        
		(1)  acquired in good faith in a transaction involving 
the stock in trade of another secondhand dealer who previously made 
the reports on the machine required by this chapter if:
			(A)  the selling dealer delivers to the acquiring 
dealer a written document stating that the reports have been made;
			(B)  the acquiring dealer submits a copy of the 
statement to the chief of police of the municipality or the sheriff 
of the county in which the selling dealer is located;  and
			(C)  each secondhand dealer involved in the 
transaction retains a copy of the statement required by this 
subdivision for three years after the date of the transaction;
		(2)  acquired in a nonjudicial sale, transfer, 
assignment, assignment for the benefit of creditors, or consignment 
of the assets or stock in trade, in bulk, or a substantial part of 
those assets, of an industrial or commercial enterprise, other than 
a secondhand dealer, for the voluntary dissolution or liquidation 
of the seller's business, or for disposing of an excessive quantity 
of personal property, or property that has been acquired in a 
nonjudicial sale or transfer from an owner other than a secondhand 
dealer, the seller's entire household of personal property, or a 
substantial part of that property, if the secondhand dealer:
			(A)  gives written notice to the chief of police 
of the municipality or the sheriff of the county in which the 
dealer's business is located that a reporting exemption is being 
claimed under this subdivision;
			(B)  retains in the dealer's place of business, 
for three years after the date of the transaction, a copy of the 
bill of sale, receipt, inventory list, or other transfer document;  
and
			(C)  makes the record retained available for 
inspection by any peace officer;
		(3)  acquired in a sale made:                                                 
			(A)  by any public officer in the officer's 
official capacity as a trustee in bankruptcy, executor, 
administrator, receiver, or public official acting under judicial 
process or authority;  or
			(B)  on the execution of, or by virtue of, any 
process issued by a court;  
		(4)  acquired as surplus property from the United 
States, a state, a subdivision of a state, or a municipal 
corporation;
		(5)  reported by a secondhand dealer as an acquisition 
or a purchase, or reported as destroyed or otherwise disposed of, 
to:
			(A)  a state agency under another law of this 
state;  or                   
			(B)  a municipal or county officer or agency under 
another law of this state or a municipal ordinance;  or
		(6)  acquired by a person licensed under Chapter 371, 
Finance Code.         

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    

Last modified: August 11, 2007