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.
Source:
Section 1805.002 — Application to Business Machines, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1805.htm#1805.002 (accessed Apr. 29, 2024).
