Tex. Occ. Code Section 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 (Pawnshops), Finance Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Source: Section 1805.002 — Application to Business Machines, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1805.­htm#1805.­002 (accessed Jun. 5, 2024).

Accessed:
Jun. 5, 2024

§ 1805.002’s source at texas​.gov