His position in the Legislature has also shielded him from any criticism by Curran, only recently appointed by Governor George W. Bush to the Public Utility Commission.
"I'm now a public official, and he's an elected member of the Legislature," explains Curran as she begs off any comments on her former political opponent and courtroom foe.
With the Attorney General's seat up for election this fall, few in the consumer-protection field feel that there will be any state action until that race is settled.
Surprisingly, though, Harris County Attorney Fleming has assigned Roberta Lloyd in his office to review the industry to see, for the first time in years, if any laws are being broken. Over the past two months, they have quietly begun to put out feelers to others in the consumer-protection field to learn about sale-leasebacks.
"We are involved in a preliminary look at it, how they function, and whether it's legal or not," says Fleming. Both Fleming and Lloyd emphasize the word preliminary.
"We just want to see what's going on," says Lloyd. "We want to make sure there's nothing harmful to consumers." Adds Fleming: "Some may be operating legally and some not legally." Some doubt that anyone could make a case against any sale-leaseback company in Texas without new legislation, legislation that would have to go through Elkins's committee.
Elkins smiles like a Cheshire cat in response to references to his committee seat on Financial Institutions.
"The only thing I regret," he says with a laugh, "is that Al Endsley wasn't consumer credit commissioner when I got there."
Actually, he says, regulating sale-leaseback companies could only be in his favor.
"All regulation is for is to control competition," says Elkins. "Texas is one of the few states in the country to regulate pawn shops. And why?" So the big boys in the business, he answers, can eliminate competition.
The same, he says, would be true for sale-leasebacks. Sponsor new regulations, he says, and "I'd be the only one in business."
Tillery's primary concern is about unscrupulous sale-leaseback companies turning in hot checks for criminal prosecution. All that would take, Elkins says, is a piece of legislation limiting the actions to civil cases. Besides, he adds, cashing a check you know isn't good is against the law already.
No one disputes that these are very lucrative businesses. "Millions and millions and millions of dollars," says one former member of the A.G. team that first went after sale-leasebacks.
Elkins would agree. By his own account, his company pays $15,000 to $20,000 a month in sales tax, 8.25 percent of a total take that can reach more than $200,000 a month. Multiply that by 14 other Houston sale-leaseback companies and dozens more around the state, he says, and you have a sizable industry.
In fact, says the state rep, the business is so lucrative that it could cause a severe impact on state finances to lose the sales tax paid by these companies.
Elkins may have won against the state, but in the files of the BBB is evidence that one adversary has yet to concede to him.
On the surface, there was nothing unusual about the 1990 renewal application by Elkins for BBB membership. He listed his Personal Rental as a "rental company -- appliances -- TVs -- furniture" and his previous business employment as a "credit specialist -- loan co."
Even though BBB employees never received a complaint about Personal Rental, they rejected his application. And if he sent it in today, he would get the same response. The bottom line:
As far as the BBB is concerned, Representative Elkins and others who run sale-leaseback companies just don't pass the Bureau's smell test.
Part of the bureau's file is a photocopy of the $295 check he wrote out to the BBB on January 23, 1990, for his proposed membership dues. For the king of fast money, it was one check never cashed.
