State Codes and Statutes

FINANCE CODE

TITLE 4. REGULATION OF INTEREST, LOANS, AND FINANCED TRANSACTIONS

SUBTITLE B. LOANS AND FINANCED TRANSACTIONS

CHAPTER 348. MOTOR VEHICLE INSTALLMENT SALES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 348.001. DEFINITIONS. In this chapter:

(1) "Buyer's order" means a nonbinding, preliminary written

computation relating to the purchase in a retail installment

transaction of a motor vehicle that describes specifically:

(A) the motor vehicle being purchased; and

(B) each motor vehicle being traded in.

Text of subdivision as added by Acts 2009, 81st Leg., R.S., Ch.

149, Sec. 1

(1-a) "Debt cancellation agreement" means a retail installment

contract term or a contractual arrangement modifying a retail

installment contract term under which a retail seller or holder

agrees to cancel all or part of an obligation of the retail buyer

to repay an extension of credit from the retail seller or holder

on the occurrence of the total loss or theft of the motor vehicle

that is the subject of the retail installment contract but does

not include an offer to pay a specified amount on the total loss

or theft of the motor vehicle.

Text of subdivision as added by Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 3

(1-a) "Commercial vehicle" means a motor vehicle that is not

used primarily for personal, family, or household use. The term

includes:

(A) a motor vehicle with a gross vehicular weight of 10,001

pounds or more;

(B) a motor vehicle that will be owned by a corporation, limited

liability company, limited partnership, or other business entity

formed, organized, or registered in this state, another state, or

another country; and

(C) a motor vehicle that will be part of a fleet of five or more

vehicles owned by the same person.

(2) "Heavy commercial vehicle" means:

(A) a truck or truck tractor that:

(i) has a gross vehicular weight of 19,000 pounds or more; and

(ii) is not used primarily for personal, family, or household

use; or

(B) a trailer or semitrailer designed for use in combination

with a vehicle described by Paragraph (A).

(3) "Holder" means a person who is:

(A) a retail seller; or

(B) the assignee or transferee of a retail installment contract.

(3-a) "Motor home" means a motor vehicle that is designed to

provide temporary living quarters and that:

(A) is built on a motor vehicle chassis as an integral part of

or a permanent attachment to the chassis; and

(B) contains at least four of the following independent life

support systems that are permanently installed and designed to be

removed only for repair or replacement and that meet the

standards of the American National Standards Institute, Standards

for Recreational Vehicles:

(i) a cooking facility with an on-board fuel source;

(ii) a gas or electric refrigerator;

(iii) a toilet with exterior evacuation;

(iv) a heating or air-conditioning system with an on-board power

or fuel source separate from the vehicle engine;

(v) a potable water supply system that includes at least a sink,

a faucet, and a water tank with an exterior service supply

connection; or

(vi) a 110-125 volt electric power supply.

(4) "Motor vehicle" means an automobile, motor home, truck,

truck tractor, trailer, semitrailer, or bus designed and used

primarily to transport persons or property on a highway. The

term includes a commercial vehicle or heavy commercial vehicle.

The term does not include:

(A) a boat trailer;

(B) a vehicle propelled or drawn exclusively by muscular power;

(C) a vehicle that is designed to run only on rails or tracks;

or

(D) machinery that is not designed primarily for highway

transportation but may incidentally transport persons or property

on a public highway.

(5) "Retail buyer" means a person who purchases or agrees to

purchase a motor vehicle from a retail seller in a retail

installment transaction.

(6) "Retail installment contract" means one or more instruments

entered into in this state that evidence a retail installment

transaction. The term includes a chattel mortgage, a conditional

sale contract, a security agreement, and a document that

evidences a bailment or lease described by Section 348.002. The

term does not include a buyer's order.

(7) "Retail installment transaction" means a transaction in

which a retail buyer purchases a motor vehicle from a retail

seller other than principally for the purpose of resale and

agrees with the retail seller to pay part or all of the cash

price in one or more deferred installments.

(8) "Retail seller" means a person in the business of selling

motor vehicles to retail buyers in retail installment

transactions.

(9) "Time price differential" means the total amount added to

the principal balance to determine the balance of the retail

buyer's indebtedness under a retail installment contract.

(10-a) "Towable recreation vehicle" means a nonmotorized vehicle

that:

(A) was originally designed and manufactured primarily to

provide temporary human habitation in conjunction with

recreational, camping, or seasonal use;

(B) is titled and registered with the Texas Department of Motor

Vehicles as a travel trailer through a county tax

assessor-collector;

(C) is permanently built on a single chassis;

(D) contains at least one life support system; and

(E) is designed to be towable by a motor vehicle.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1018, Sec. 2.19, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

149, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 3, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 3D.02, eff. September 1, 2009.

Sec. 348.0015. PRESUMPTION REGARDING NONCOMMERCIAL VEHICLES;

EXCEPTION. (a) A motor vehicle that is not described by Section

348.001(1-a)(A), (B), or (C) or a motor vehicle that is of a type

typically used for personal, family, or household use, as

determined by finance commission rule, is presumed not to be a

commercial vehicle.

(b) Notwithstanding Subsection (a), if a retail buyer represents

in writing that a motor vehicle is not for personal, family, or

household use, or that the vehicle is for commercial use, a

retail seller or holder to whom the representation is made may

rely on that representation unless the retail seller or holder,

as applicable, has actual knowledge that the representation is

not true.

Added by Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 4, eff. September 1, 2009.

Sec. 348.002. BAILMENT OR LEASE AS RETAIL INSTALLMENT

TRANSACTION. A bailment or lease of a motor vehicle is a retail

installment transaction if the bailee or lessee:

(1) contracts to pay as compensation for use of the vehicle an

amount that is substantially equal to or exceeds the value of the

vehicle; and

(2) on full compliance with the bailment or lease is bound to

become the owner or, for no or nominal additional consideration,

has the option to become the owner of the vehicle.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.003. CLASSIFICATION AS RETAIL INSTALLMENT TRANSACTION

UNAFFECTED. A transaction is not excluded as a retail

installment transaction because:

(1) the retail seller arranges to transfer the retail buyer's

obligation;

(2) the amount of any charge in the transaction is determined by

reference to a chart or other information furnished by a

financing institution;

(3) a form for all or part of the retail installment contract is

furnished by a financing institution; or

(4) the credit standing of the retail buyer is evaluated by a

financing institution.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.004. CASH PRICE. (a) The cash price is the price at

which the retail seller offers in the ordinary course of business

to sell for cash the goods or services that are subject to the

transaction. An advertised price does not necessarily establish

a cash price.

(b) The cash price does not include any finance charge.

(c) At the retail seller's option, the cash price may include:

(1) the price of accessories;

(2) the price of services related to the sale;

(3) the price of service contracts;

(4) taxes; and

(5) fees for license, title, and registration.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 4, eff. September 1, 2009.

Sec. 348.005. ITEMIZED CHARGE. An amount in a retail

installment contract is an itemized charge if the amount is not

included in the cash price and is the amount of:

(1) fees for registration, certificate of title, and license and

any additional registration fees charged by a full service deputy

under Section 502.114, Transportation Code;

(2) any taxes;

(3) fees or charges prescribed by law and connected with the

sale or inspection of the motor vehicle; and

(4) charges authorized for insurance, service contracts,

warranties, or a debt cancellation agreement by Subchapter C.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

149, Sec. 2, eff. September 1, 2009.

Sec. 348.0051. CONTRACTS FOR COMMERCIAL VEHICLES; ADDITIONAL

CHARGES PERMITTED. (a) Notwithstanding Sections 348.004 and

348.005 and in addition to the amounts allowed under those

sections, the following amounts may be included as an itemized

charge or in the cash price in a retail installment contract for

a commercial vehicle:

(1) any fees prescribed by law;

(2) any amounts charged by a titling or registration service

relating to the sale;

(3) any other amount agreed to by the retail buyer and retail

seller, including amounts payable to the retail seller or another

person for the provision of goods or services relating to:

(A) the commercial vehicle;

(B) the sale or use of the commercial vehicle; or

(C) the retail buyer's business in which the commercial vehicle

will be used; and

(4) an amount paid to the retail seller or other person as

consideration for the agreement of the holder of the retail

installment contract to waive:

(A) all or part of the difference between the amount owed under

a retail installment contract and the amount paid under a

physical damage insurance policy maintained by the retail buyer

or its assign, in the event the vehicle is a total loss;

(B) all or part of the amount owed under the retail installment

contract, in the event of the death of the retail buyer; or

(C) one or more payments owed under the retail installment

contract, in the event of the disability of the retail buyer.

(b) If a charge under Subsection (a)(4) is included in the

contract, the contract and any agreement to waive an amount

described by Subsection (a)(4) must each conspicuously disclose

that the waiver is optional.

(c) Notwithstanding any other law, the amount described by

Subsection (a)(4) is not a charge for insurance, and the sale,

provision, or waiving of a balance owed or other action relating

to a waiver of all or part of the amount owed under a retail

installment contract for a commercial vehicle is not considered

insurance or engaging in the business of insurance.

Added by Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 5, eff. September 1, 2009.

Sec. 348.006. PRINCIPAL BALANCE; INCLUSION OF DOCUMENTARY FEE.

(a) The principal balance under a retail installment contract is

computed by:

(1) adding:

(A) the cash price of the motor vehicle;

(B) each amount included in the retail installment contract for

an itemized charge; and

(C) subject to Subsection (c), a documentary fee for services

rendered for or on behalf of the retail buyer in handling and

processing documents relating to the motor vehicle sale; and

(2) subtracting from the results under Subdivision (1) the

amount of the retail buyer's down payment in money, goods, or

both.

(b) The computation of the principal balance may include an

amount authorized under Section 348.404(b).

(c) For a documentary fee to be included in the principal

balance of a retail installment contract:

(1) the retail seller must charge the documentary fee to cash

buyers and credit buyers;

(2) the documentary fee may not exceed:

(A) for a motor vehicle retail installment contract other than a

contract for a commercial vehicle, a reasonable amount agreed to

by the retail seller and retail buyer for the documentary

services; or

(B) for a commercial vehicle retail installment contract, an

amount agreed to in writing by the retail seller and retail

buyer; and

(3) except for a buyer's order or retail installment contract

for a commercial vehicle, the buyer's order and the retail

installment contract must include:

(A) a statement of the amount of the documentary fee; and

(B) in reasonable proximity to the place in each where the

amount of the documentary fee is disclosed, the following notice

in type that is bold-faced, capitalized, underlined, or otherwise

conspicuously set out from surrounding written material:

"A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS

NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO BUYERS FOR HANDLING

DOCUMENTS RELATING TO THE SALE. A DOCUMENTARY FEE MAY NOT EXCEED

A REASONABLE AMOUNT AGREED TO BY THE PARTIES. THIS NOTICE IS

REQUIRED BY LAW."

(d) A retail seller shall post the documentary fee notice

prescribed in Subsection (c) so that it is clearly visible in

each place where a vehicle sale is finalized. If the language

primarily used in an oral sales presentation is not the same as

the language in which the retail installment contract is written,

the retail seller shall furnish to the retail buyer a written

statement containing the notice set out in Subsection (c)(3)(B)

in the language primarily used in the oral sales presentation.

(e) Prior to increasing the maximum amount of the documentary

fee the retail seller charges, a retail seller shall provide

written notice to the commissioner of the maximum amount of the

documentary fee the retail seller intends to charge. The

commissioner may review the amount of a documentary fee for

reasonableness. In determining whether a fee charged by a retail

seller is reasonable, the commissioner may consider the resources

required by the retail seller to perform the retail seller's

duties under state and federal law with respect to the handling

and processing of documents relating to the sale and financing of

a motor vehicle. If the commissioner determines that a

documentary fee charged is not reasonable, the commissioner may

require that the documentary fee charged be reduced or suspended.

(f) A documentary fee charged in accordance with this section

before September 1, 2009, is considered reasonable for purposes

of this section.

(g) This section does not:

(1) create a private right of action; or

(2) require that the commissioner approve a specific documentary

fee amount before a retail seller charges the fee.

(h) The finance commission may adopt rules, including rules

relating to the standards for a reasonableness determination or

disclosures, necessary to enforce this section. A rule adopted

under this subsection may not require a retail seller to submit

to the commissioner for prior approval the amount of a

documentary fee that the retail seller intends to charge under

this section.

(i) The commissioner has exclusive jurisdiction to enforce this

section.

(j) Subsections (d), (e), and (h) do not apply with respect to a

retail installment transaction for the purchase of a commercial

vehicle.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 800, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1327, Sec. 1, eff. September 1, 2009.

Sec. 348.007. APPLICABILITY OF CHAPTER. (a) Except as

otherwise provided by this section, each retail installment

transaction is subject to this chapter.

(a-1) A transaction in which a retail buyer purchases a towable

recreation vehicle from a retail seller other than principally

for the purpose of resale and agrees with the retail seller to

pay part or all of the cash price in one or more deferred

installments may be subject to this chapter instead of Chapter

345 at the option of the seller.

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 7

(a-2) A retail installment transaction in which a retail buyer

purchases a commercial vehicle is only subject to the following

provisions of this chapter:

(1) Subchapter A, unless expressly stated otherwise;

(2) Subchapter B, except Sections 348.102 and 348.123;

(3) Subchapter C, except Sections 348.204(b), 348.206, 348.209,

and 348.210;

(4) Subchapter D;

(5) Subchapter E, except Section 348.407; and

(6) Subchapter F, except Sections 348.504(a)(2), 348.514,

348.516, and 348.517.

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 2

(a-2) A retail installment transaction in which a retail buyer

purchases a commercial vehicle is only subject to the following

provisions of this chapter:

(1) Subchapter A, except Section 348.0091 or unless expressly

stated otherwise;

(2) Subchapter B, except Sections 348.102 and 348.123;

(3) Subchapter C, except Sections 348.204(b), 348.206, 348.209,

and 348.210;

(4) Subchapter D;

(5) Subchapter E, except Sections 348.404(d) and 348.407; and

(6) Subchapter F, except Sections 348.504(a)(2), 348.514,

348.516, and 348.517.

(b) This chapter does not affect or apply to a loan made or the

business of making loans under other law of this state and does

not affect a rule of law applicable to a retail installment sale

that is not a retail installment transaction.

(c) The provisions of this chapter defining specific rates and

amounts of charges and requiring certain credit disclosures to be

made control over any contrary law of this state respecting those

subjects.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1018, Sec. 2.20, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 7, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 2, eff. September 1, 2009.

Sec. 348.008. APPLICABILITY OF OTHER STATUTES TO RETAIL

INSTALLMENT TRANSACTION. (a) A loan or interest statute of this

state, other than Chapter 303, does not apply to a retail

installment transaction.

(b) Except as provided by this chapter, an applicable statute,

including Title 1, Business & Commerce Code, or a principle

of common law continues to apply to a retail installment

transaction unless it is displaced by this chapter.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.009. FEDERAL DISCLOSURE REQUIREMENTS APPLICABLE. (a)

The disclosure requirements of 12 C.F.R. Part 226 (Regulation Z)

adopted under the Truth in Lending Act (15 U.S.C. Section 1601 et

seq.) and specifically 12 C.F.R. Section 226.18(f), regarding

variable rate disclosures, apply according to their terms to

retail installment transactions.

(b) If a disclosure requirement of this chapter and one of a

federal law, including a regulation or an interpretation of law,

are inconsistent or conflict, federal law controls and the

inconsistent or conflicting disclosures required by this chapter

need not be given.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.0091. DISCLOSURE OF EQUITY IN TRADE-IN MOTOR VEHICLE.

(a) A retail seller may not accept a trade-in motor vehicle for

a motor vehicle sold under a retail installment contract unless

the retail seller provides to the retail buyer, before the buyer

signs the contract, a completed disclosure of trade-in equity

form prescribed by this section.

(b) The finance commission shall by rule adopt a standard form

for the disclosure of the equity in a retail buyer's trade-in

motor vehicle.

(c) The form adopted by the finance commission under Subsection

(b), at a minimum, must:

(1) contain:

(A) the name of the retail buyer;

(B) the name, address, and telephone number of the retail

seller;

(C) the make, model, year, and vehicle identification number of

the trade-in motor vehicle;

(D) the date of the retail installment transaction;

(E) the amount offered by the retail seller to the retail buyer

for the trade-in motor vehicle;

(F) the amount the retail buyer owes on the trade-in motor

vehicle as of the date of the retail installment transaction;

(G) a statement indicating whether the retail buyer's equity in

the trade-in motor vehicle is positive or negative;

(H) a disclosure containing substantially similar words to the

following: "If the EQUITY amount is NEGATIVE, the value the

retail seller is offering you for your trade-in motor vehicle is

less than what you currently owe on your trade-in. The amount of

negative equity may be further reduced by the amount of any cash

down payment and manufacturer's rebate and may be included in the

amount financed under your retail installment contract as an

itemized charge.";

(I) the cash price of the vehicle being purchased under the

retail installment transaction; and

(J) the amount financed under the retail installment contract;

(2) include a space for the signature of both the retail seller

and retail buyer and the printed name of the retail seller; and

(3) be signed and dated by the retail seller and retail buyer.

(d) The retail seller is solely responsible for the content and

delivery of the disclosure form required by Subsection (a). An

assignee of a retail installment contract may not be held

responsible for a retail seller's failure to comply with the

requirements of this section.

(e) This section does not create a private right of action. The

commissioner has exclusive jurisdiction to enforce this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 3, eff. September 1, 2009.

Sec. 348.010. ADDITIONAL INFORMATION ALLOWED IN CONTRACT.

Information not required by this chapter may be included in a

retail installment contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.011. ORDER OF ITEMS IN CONTRACT. Items required by

this chapter to be in a retail installment contract are not

required to be stated in the order set forth in this chapter.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.012. APPLICABILITY OF INSURANCE PREMIUM FINANCING

PROVISIONS. Chapter 651, Insurance Code, does not apply to a

retail installment transaction.

Added by Acts 2001, 77th Leg., ch. 1235, Sec. 17, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 11.117, eff. September 1, 2005.

Sec. 348.013. CONDITIONAL DELIVERY AGREEMENT. (a) In this

section, "conditional delivery agreement" means a contract

between a retail seller and prospective retail buyer under the

terms of which the retail seller allows the prospective retail

buyer the use and benefit of a motor vehicle for a specified

term.

(b) Subject to this section, a retail seller and prospective

retail buyer may enter into a conditional delivery agreement.

(c) A conditional delivery agreement is:

(1) an enforceable contract; and

(2) void on the execution of a retail installment contract

between the parties of the conditional delivery agreement for the

sale of the motor vehicle that is the subject of the conditional

delivery agreement.

(d) A conditional delivery agreement may only confer rights

consistent with this section and may not confer any legal or

equitable rights of ownership, including ownership of the motor

vehicle that is the subject of the conditional delivery

agreement.

(e) A conditional delivery agreement may not exceed a term of 15

days.

(f) If a prospective retail buyer tenders to a retail seller a

trade-in motor vehicle in connection with a conditional delivery

agreement:

(1) the parties must agree on the value of the trade-in motor

vehicle;

(2) the conditional delivery agreement must contain the agreed

value of the trade-in motor vehicle described by Subdivision (1);

and

(3) the retail seller must use reasonable care to conserve the

trade-in motor vehicle while the vehicle is in the retail

seller's possession.

(g) If the parties to a conditional delivery agreement do not

subsequently enter into a retail installment contract for the

sale of the motor vehicle that is the subject of the conditional

delivery agreement, the retail seller shall, not later than the

seventh day after termination of the conditional delivery

agreement:

(1) deliver to the prospective retail buyer any trade-in motor

vehicle that the prospective retail buyer tendered in connection

with the conditional delivery agreement in the same or

substantially the same condition as it was at the time of

execution of the agreement and shall return any down payment or

other consideration received from the prospective retail buyer in

connection with the agreement; or

(2) if the trade-in motor vehicle cannot be returned in the same

or substantially the same condition as it was at the time of

execution of the conditional delivery agreement, deliver to the

prospective retail buyer a sum of money equal to the agreed value

of the trade-in motor vehicle as described by Subsection (f) and

shall return any down payment or other consideration described by

Subdivision (1).

(h) Any money that a retail seller is obligated to provide a

prospective retail buyer under Subsection (g) must be tendered at

the same time that the trade-in motor vehicle is delivered for

return to the prospective retail buyer or when the trade-in motor

vehicle would have been delivered if the vehicle was damaged or

could not be returned.

(i) If a prospective retail buyer returns a motor vehicle under

a conditional delivery agreement at the request of the retail

seller, the retail seller, notwithstanding the period prescribed

by Subsection (g), must return the trade-in vehicle at the same

time that the motor vehicle under the conditional delivery

agreement is returned by the prospective retail buyer.

(j) The prospective retail buyer shall return the motor vehicle

received under the conditional delivery agreement in the same or

substantially the same condition as it was at the time of the

execution of the conditional delivery agreement.

(k) An amount paid or required to be paid by the retail seller

under Subsection (g) is subject to review by the commissioner.

If the commissioner determines that the retail seller in fact

owes the prospective retail buyer a certain amount under

Subsection (g), the commissioner may order the retail seller to

pay the amount to the prospective retail buyer. If the trade-in

motor vehicle is not returned by the retail seller in accordance

with this section and the retail seller does not pay the

prospective retail buyer an amount equal to the agreed value of

the trade-in motor vehicle within the period prescribed by this

section, the commissioner may assess an administrative penalty

against the retail seller in an amount that is reasonable in

relation to the value of the trade-in motor vehicle. The

commissioner shall provide notice to the retail seller and the

prospective retail buyer of the commissioner's determination

under this subsection.

(l) Not later than the 30th day after the date the parties

receive notice of the commissioner's determination under

Subsection (k), the retail seller or prospective retail buyer may

file with the commissioner an appeal of the commissioner's

determination requesting a time and place for a hearing before a

hearings officer designated by the commissioner. A hearing under

this subsection is governed by Chapter 2001, Government Code.

After the hearing, based on the findings of fact, conclusions of

law, and recommendations of the hearings officer, the

commissioner shall enter a final order.

(m) A person who requests an appeal under Subsection (l) is

required to pay a deposit to secure the payment of the costs of

the hearing in a reasonable amount as determined by the

commissioner, unless the person cannot afford to pay the deposit

and files an affidavit to that effect with the hearings officer

in the form and content prescribed by finance commission rule.

The entire deposit must be refunded to the person if the person

prevails in the hearing. If the person does not prevail, any

portion of the deposit in excess of the costs of the hearing

assessed against the person is refundable.

(n) Notice of the commissioner's final order under Subsection

(l), given to the person in accordance with Section 2001,

Government Code, must include a statement of the person's right

to judicial review of the order.

(o) The hearings officer may order the retail seller or the

prospective retail buyer, or both, to pay reasonable expenses

incurred by the commissioner in connection with obtaining a final

order under Subsection (l), including attorney's fees,

investigative costs, and witness fees.

(p) This section does not:

(1) apply to a bailment agreement under Section 348.002; or

(2) create a private right of action.

(q) Except as otherwise provided by this section, the

commissioner has exclusive jurisdiction to enforce this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

683, Sec. 1, eff. September 1, 2009.

SUBCHAPTER B. RETAIL INSTALLMENT CONTRACT

Sec. 348.101. RETAIL INSTALLMENT CONTRACT GENERAL REQUIREMENTS.

(a) A retail installment contract is required for each retail

installment transaction. A retail installment contract may be

more than one document.

(b) A retail installment contract must be:

(1) in writing;

(2) dated;

(3) signed by the retail buyer and retail seller; and

(4) completed as to all essential provisions before it is signed

by the retail buyer except as provided by Subsection (d).

(c) The printed part of a retail installment contract, other

than instructions for completion, must be in at least eight-point

type unless a different size of type is required under this

subchapter.

(d) If the motor vehicle is not delivered when the retail

installment contract is executed, the following information may

be inserted after the contract is executed:

(1) the identifying numbers or marks of the vehicle or similar

information; and

(2) the due date of the first installment.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.1015. CONTRACT CONDITIONED ON SUBSEQUENT ASSIGNMENT

PROHIBITED. (a) A retail installment contract may not be

conditioned on the subsequent assignment of the contract to a

holder.

(b) A provision in violation of this section is void. This

subsection does not affect the validity of other provisions of

the contract that may be given effect without the voided

provision, and to that extent those provisions are severable.

(c) This section does not create a private right of action.

(d) The commissioner has exclusive jurisdiction to enforce this

section.

Added by Acts 2009, 81st Leg., R.S., Ch.

683, Sec. 2, eff. September 1, 2009.

Sec. 348.102. CONTENTS OF CONTRACT. (a) A retail installment

contract must contain:

(1) the name of the retail seller and the name of the retail

buyer;

(2) the place of business or address of the retail seller;

(3) the residence or other address of the retail buyer as

specified by the retail buyer;

(4) a description of the motor vehicle being sold;

(5) the cash price of the retail installment transaction;

(6) the amount of any down payment by the retail buyer,

specifying the amounts paid in money and in goods traded in; and

(7) each itemized charge.

(b) A charge for insurance, a service contract, or a warranty

authorized by Subchapter C may be disclosed as provided by that

subchapter.

(c) A retail installment contract that provides for a variable

contract rate must set out the method by which the rate is

computed.

(d) The contract must contain substantially the following notice

in at least 10-point type that is bold-faced, capitalized, or

underlined or otherwise conspicuously set out from the

surrounding written material:

"NOTICE TO THE BUYER--DO NOT SIGN THIS CONTRACT BEFORE YOU READ

IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO A COPY

OF THE CONTRACT YOU SIGN. UNDER THE LAW YOU HAVE THE RIGHT TO PAY

OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS

MAY OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. KEEP THIS

CONTRACT TO PROTECT YOUR LEGAL RIGHTS."

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 8, eff. September 1, 2009.

Sec. 348.103. TIME PRICE DIFFERENTIAL FOR RETAIL INSTALLMENT

CONTRACT. A retail installment contract may provide for:

(1) any amount of time price differential permitted under

Section 348.104, 348.105, or 348.106; or

(2) any rate of time price differential not exceeding a yield

permitted under Section 348.104, 348.105, or 348.106.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.104. TIME PRICE DIFFERENTIAL FOR CONTRACT WITH EQUAL

MONTHLY SUCCESSIVE PAYMENTS. (a) A retail installment contract

that is payable in substantially equal successive monthly

installments beginning one month after the date of the contract

may provide for a time price differential that does not exceed:

(1) the add-on charge provided by this section; or

(2) $25 if the add-on charge under Subdivision (1) is less than

$25.

(b) The add-on charge is $7.50 per $100 per year on the

principal balance for a new motor vehicle, other than a heavy

commercial vehicle, designated by the manufacturer by a model

year that is not earlier than the year in which the sale is made.

(c) The add-on charge is $10 per $100 per year on the principal

balance for:

(1) a new motor vehicle not covered by Subsection (b);

(2) a used motor vehicle designated by the manufacturer by a

model year that is not more than two years before the year in

which the sale is made; or

(3) a new or used heavy commercial vehicle designated by the

manufacturer by a model year that is not more than two years

before the year in which the sale is made.

(d) The add-on charge is $12.50 per $100 per year on the

principal balance for a used motor vehicle not covered by

Subsection (c) that is a motor vehicle designated by the

manufacturer by a model year that is not more than four years

before the year in which the sale is made.

(e) For a used motor vehicle not covered by Subsection (c) or

(d), the add-on charge is:

(1) $15 per $100 per year on the principal balance; or

(2) $18 per $100 per year on the principal balance if the

principal balance under the retail installment contract does not

exceed $300.

(f) The time price differential is computed on the original

principal balance under the retail installment contract from the

date of the contract until the maturity of the final installment,

notwithstanding that the balance is payable in installments.

(g) If the retail installment contract is payable for a period

that is shorter or longer than a year or is for an amount that is

less or greater than $100, the amount of the maximum time price

differential computed under this section is decreased or

increased proportionately.

(h) For the purpose of a computation under this section, 16 or

more days of a month may be considered a full month.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 5, eff. September 1, 2009.

Sec. 348.105. USE OF OPTIONAL CEILING. As an alternative to the

maximum rate or amount authorized for a time price differential

under Section 348.104 or 348.106, a retail installment contract

may provide for a rate or amount of time price differential that

does not exceed the rate or amount authorized by Chapter 303.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.106. TIME PRICE DIFFERENTIAL FOR OTHER CONTRACTS. A

retail installment contract that is payable other than in

substantially equal successive monthly installments or the first

installment of which is not payable one month from the date of

the contract may provide for a time price differential that does

not exceed an amount that, having due regard for the schedule of

payments, provides the same effective return as if the contract

were payable in substantially equal successive monthly

installments beginning one month from the date of the contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.107. CHARGE FOR DEFAULT IN PAYMENT OF INSTALLMENT. (a)

A retail installment contract may provide that if an installment

remains unpaid after the 10th day after the maturity of the

installment for a heavy commercial vehicle or after the 15th day

after the maturity of the installment for any other motor vehicle

the holder may collect:

(1) a delinquency charge that does not exceed five percent of

the amount of the installment; or

(2) interest on the amount of the installment accruing after the

maturity of the installment and until the installment is paid in

full at a rate that does not exceed the maximum rate authorized

for the contract.

(b) A retail installment contract that provides for the accrual

earnings method may provide for the delinquency charge authorized

by Subsection (a)(1), the interest authorized by Subsection

(a)(2), or both.

(c) Only one delinquency charge may be collected on an

installment under this section regardless of the duration of the

default.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 2001, 77th Leg., ch. 1077, Sec. 1, eff. Sept. 1,

2001.

Sec. 348.108. CHARGES FOR COLLECTING DEBT. A retail installment

contract may provide for the payment of:

(1) reasonable attorney's fees if the contract is referred for

collection to an attorney who is not a salaried employee of the

holder;

(2) court costs and disbursements; and

(3) reasonable out-of-pocket expenses incurred in connection

with the repossession or sequestration of the motor vehicle

securing the payment of the contract or foreclosure of a security

interest in the vehicle, including the costs of storing,

reconditioning, and reselling the vehicle, subject to the

standards of good faith and commercial reasonableness set by

Title 1, Business & Commerce Code.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.109. ACCELERATION OF DEBT MATURITY. A retail

installment contract may not authorize the holder to accelerate

the maturity of all or a part of the amount owed under the

contract unless:

(1) the retail buyer is in default in the performance of any of

the buyer's obligations;

(2) the holder believes in good faith that the prospect of

buyer's payment or performance is impaired; or

(3) if the retail installment contract is for a commercial

vehicle, the retail buyer or an affiliate of the retail buyer is

in default in its obligations under another financing agreement

or leasing agreement held by the same holder or an affiliate of

the holder.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 9, eff. September 1, 2009.

Sec. 348.110. DELIVERY OF COPY OF CONTRACT. A retail seller

shall:

(1) deliver to the retail buyer a copy of the retail installment

contract as accepted by the retail seller; or

(2) mail to the retail buyer at the address shown on the retail

installment contract a copy of the retail installment contract as

accepted by the retail seller.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.111. BUYER'S RIGHT TO RESCIND CONTRACT. Until the

retail seller complies with Section 348.110, a retail buyer who

has not received delivery of the motor vehicle is entitled to:

(1) rescind the contract;

(2) receive a refund of all payments made under or in

contemplation of the contract; and

(3) receive the return of all goods traded in to the retail

seller under or in contemplation of the contract or, if those

goods cannot be returned, to receive the value of those goods.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.112. BUYER'S ACKNOWLEDGMENT OF DELIVERY OF CONTRACT

COPY. (a) Any retail buyer's acknowledgment of delivery of a

copy of the retail installment contract must:

(1) be in at least 10-point type that is bold-faced,

capitalized, or underlined or otherwise conspicuously set out

from the surrounding written material; and

(2) appear directly above the buyer's signature.

(b) Any retail buyer's acknowledgment conforming to this section

of delivery of a copy of the retail installment contract is, in

an action or proceeding by or against a holder of the contract

who was without knowledge to the contrary when the holder

purchased it, conclusive proof:

(1) that the copy was delivered to the buyer;

(2) that the contract did not contain a blank space that was

required to have been completed under this chapter when the

contract was signed by the buyer; and

(3) of compliance with Sections 348.009, 348.101, 348.102,

348.123, 348.205, 348.405, 348.406, and 348.408.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.113. AMENDMENT OF RETAIL INSTALLMENT CONTRACT. On

request by a retail buyer, the holder may agree to one or more

amendments to the retail installment contract to:

(1) extend or defer the scheduled due date of all or a part of

one or more installments; or

(2) renew, restate, or reschedule the unpaid balance under the

contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.114. CHARGES FOR DEFERRING INSTALLMENT. (a) If a

retail installment contract is amended to defer all or a part of

one or more installments for not longer than three months, the

holder may collect from the retail buyer:

(1) an amount computed on the amount deferred for the period of

deferment at a rate that does not exceed the effective return for

time price differential permitted for a monthly payment retail

installment contract; and

(2) the amount of the additional cost to the holder for:

(A) premiums for continuing in force any insurance coverages

provided for by the contract; and

(B) any additional necessary official fees.

(b) The minimum charge under Subsection (a)(1) is $1.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.115. CHARGE FOR OTHER AMENDMENT. (a) If the unpaid

balance of a retail installment contract is extended, renewed,

restated, or rescheduled under this subchapter and Section

348.114 does not apply, the holder may collect an amount computed

on the principal balance of the amended contract for the term of

the amended contract at the time price differential for a retail

installment contract that is applicable after reclassifying the

motor vehicle by its model year at the time of the amendment.

(b) The principal balance of the amended contract is computed

by:

(1) adding:

(A) the unpaid balance as of the date of amendment;

(B) the cost of any insurance incidental to the amendment;

(C) the amount of each additional necessary official fee; and

(D) the amount of each accrued delinquency or collection charge;

and

(2) subtracting from the total computed under Subdivision (1) an

amount equal to the prepayment refund credit required by Section

348.120 or 348.121, as applicable.

(c) The provisions of this chapter relating to minimum charges

under Section 348.104 and acquisition costs under the refund

schedule under Section 348.120 do not apply in computing the

principal balance of the amended contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.116. CONFIRMATION OF AMENDMENT. An amendment to a

retail installment contract must be confirmed in a writing signed

by the retail buyer. The holder shall:

(1) deliver a copy of the confirmation to the buyer; or

(2) mail a copy of the confirmation to the buyer at the buyer's

most recent address shown on the records of the holder.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.117. CONTRACT AFTER AMENDMENT. After amendment the

retail installment contract is the original contract and each

amendment to the original contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.118. PREPAYMENT OF CONTRACT. A retail buyer may prepay

a retail installment contract in full at any time before

maturity. This section prevails over a conflicting provision of

the contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.119. REFUND CREDIT ON PREPAYMENT. If a retail buyer

prepays a retail installment contract in full or if the holder of

the contract demands payment of the unpaid balance of the

contract in full before the contract's final installment is due,

the buyer is entitled to receive a refund credit as provided by

Section 348.120 or 348.121, as applicable.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.120. AMOUNT OF REFUND CREDIT FOR MONTHLY INSTALLMENT

CONTRACT. (a) This section applies only to a refund credit on

the prepayment of a retail installment contract that is payable

in substantially equal successive monthly installments beginning

one month after the date of the contract.

(b) On a contract for a motor vehicle other than a heavy

commercial vehicle the minimum amount of the refund credit is

computed by:

(1) subtracting an acquisition cost of $25 from the original

time price differential; and

(2) multiplying the amount computed under Subdivision (1) by the

percentage of refund computed under Subsection (d).

(c) On a contract for a heavy commercial vehicle the minimum

amount of the refund credit is computed by:

(1) multiplying the amount of the original time price

differential by the percentage of refund computed under

Subsection (d); and

(2) subtracting an acquisition cost of $150 from the amount

computed under Subdivision (1).

(d) The percentage of refund is computed by:

(1) computing the sum of all of the monthly balances under the

contract's schedule of payments; and

(2) dividing the amount computed under Subdivision (1) into the

sum of the unpaid monthly balances under the contract's schedule

of payments beginning:

(A) on the first day, after the date of the prepayment or demand

for payment in full, that is the date of a month that corresponds

to the date of the month that the first installment is due under

the contract; or

(B) if the prepayment or demand for payment in full is made

before the first installment date under the contract, one month

after the next monthly anniversary date of the contract occurring

after the prepayment or demand.

(e) A refund credit is not required if the amount of the refund

credit is less than $1.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.121. AMOUNT OF REFUND CREDIT FOR OTHER CONTRACTS. The

minimum amount of the refund credit on a retail installment

contract to which Section 348.120 does not apply shall be

computed in a manner proportionate to the method set out by that

section for the type of motor vehicle being sold, having due

regard for:

(1) the amount of each installment;

(2) the irregularity of the installment periods; and

(3) the requirements of Sections 348.104(f) and 348.106.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.122. REINSTATEMENT OF CONTRACT AFTER DEMAND FOR

PAYMENT. After a demand for payment in full under a retail

installment contract, the retail buyer and holder of the contract

may:

(1) agree to reinstate the contract; and

(2) amend the contract as provided by Section 348.113.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.123. REFINANCING OF LARGE INSTALLMENT. (a) If a

scheduled installment of a retail installment contract is more

than an amount equal to twice the average of all installments

scheduled before that installment, other than the down payment,

the retail buyer is entitled to refinance that installment:

(1) when the installment is due;

(2) without an acquisition cost;

(3) in installments that are not greater or more frequent than

the average amount and frequency of installments preceding that

installment; and

(4) at a rate of time price differential that does not exceed

the rate applicable to the original contract.

(b) This section does not apply to:

(1) a lease;

(2) a retail installment transaction for a vehicle that is to be

used primarily for a purpose other than personal, family, or

household use;

(3) a transaction for which the payment schedule is adjusted to

the seasonal or irregular income or scheduled payments or

obligations of the buyer;

(4) a transaction of a type that the commissioner determines

does not require the protection for the buyer provided by this

section; or

(5) a retail installment transaction in which:

(A) the seller is a franchised dealer licensed under Chapter

2301, Occupations Code; and

(B) the buyer is entitled, at the end of the term of the retail

installment contract, to choose one of the following:

(i) sell the vehicle back to the holder according to a written

agreement:

(a) entered into between the buyer and holder concurrently with

or as a part of the transaction; and

(b) under which the buyer will be released from liability or

obligation for the final scheduled payment under the contract on

compliance with the agreement;

(ii) pay the final scheduled payment under the contract; or

(iii) if the buyer is not in default under the contract,

refinance the final scheduled payment with the holder for

repayment in not fewer than 24 equal monthly installments or on

other terms agreed to by the buyer and holder at the time of

refinancing and at a rate of time price differential not to

exceed the lesser of:

(a) a rate equal to the maximum rate authorized under this

subchapter; or

(b) an annual percentage rate of five percent a year more than

the annual percentage rate of the original contract.

(c) A retail installment contract under Subsection (b)(5) must

disclose that any refinancing may be for any period and payment

schedule to which the buyer and holder agree.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.22(a), eff. Sept.

1, 1999; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.774, eff. Sept.

1, 2003.

Sec. 348.124. DEBT CANCELLATION AGREEMENTS. (a) In connection

with a retail installment transaction under this chapter, a

retail seller may offer to the retail buyer a debt cancellation

agreement. The retail seller may not require that the purchase

of a debt cancellation agreement by the retail buyer be made in

order to enter into a retail installment transaction.

(b) A debt cancellation agreement is not considered an insurance

product.

(c) The amount charged for a debt cancellation agreement made in

connection with a retail installment contract must be reasonable.

(d) In addition to other disclosures required by state or

federal law, the retail seller shall provide to the retail buyer

a separate notice in connection with the retail installment

contract stating that the retail buyer is not required to accept

or provide a debt cancellation agreement in order to purchase the

motor vehicle under a retail installment contract.

Added by Acts 2009, 81st Leg., R.S., Ch.

149, Sec. 3, eff. September 1, 2009.

SUBCHAPTER C. INSURANCE

Sec. 348.201. PROPERTY INSURANCE. (a) A holder may request or

require a retail buyer to insure the motor vehicle purchased

under a retail installment transaction and accessories and

related goods subject to the holder's security interest.

(b) The insurance and the premiums or charges for the insurance

must bear a reasonable relationship to:

(1) the amount, term, and conditions of the retail installment

contract; and

(2) the existing hazards or risk of loss, damage, or

destruction.

(c) The insurance may not:

(1) cover unusual or exceptional risks; or

(2) provide coverage not ordinarily included in policies issued

to the public.

(d) The holder may include the cost of insurance provided under

this section as a separate charge in the contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.202. CREDIT LIFE AND CREDIT HEALTH AND ACCIDENT

INSURANCE. (a) As additional protection for the contract, a

holder may request or require a retail buyer to provide credit

life insurance and credit health and accident insurance.

(b) As additional protection for the contract, a seller may

offer involuntary unemployment insurance to the buyer at the time

the contract is executed.

(c) A holder may include the cost of insurance provided under

Subsection (a) or (b), and a policy or agent fee charged in

connection with insurance provided under Subsection (a) or (b),

as a separate charge in the contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 1107, Sec. 1, eff. June 18,

1999; Acts 2001, 77th Leg., ch. 409, Sec. 1, eff. Sept. 1, 2001.

Sec. 348.203. MAXIMUM AMOUNT OF CREDIT LIFE AND CREDIT HEALTH

AND ACCIDENT COVERAGE. (a) At any time the total amount of the

policies of credit life insurance in force on one retail buyer on

one retail installment contract may not exceed:

(1) the total amount repayable under the contract; and

(2) the greater of the scheduled or actual amount of unpaid

indebtedness if the indebtedness is repayable in substantially

equal installments.

(b) At any time the total amount of the policies of credit

health and accident insurance in force on one retail buyer on one

retail installment contract may not exceed the total amount

payable under the contract, and the amount of each periodic

indemnity payment may not exceed the scheduled periodic payment

on the indebtedness.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.204. INSURANCE STATEMENT. (a) If insurance is

required in connection with a retail installment contract, the

holder shall give to the retail buyer a written statement that

clearly and conspicuously states that:

(1) insurance is required in connection with the contract; and

(2) the buyer as an option may furnish the required insurance

through:

(A) an existing policy of insurance owned or controlled by the

buyer; or

(B) an insurance policy obtained through an insurance company

authorized to do business in this state.

(b) If requested or required insurance is sold or obtained by

the holder and the retail installment contract includes a premium

or rate of charge for the insurance that is not fixed or approved

by the commissioner of insurance, the holder shall deliver or

mail to the retail buyer a written statement that includes that

fact.

(c) A statement under Subsection (a) or (b) may be provided with

or as part of the retail installment contract or separately.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.205. STATEMENT IF LIABILITY INSURANCE NOT INCLUDED IN

CONTRACT. If liability insurance coverage for bodily injury and

property damage caused to others is not included in a retail

installment contract, the retail installment contract or a

separate writing must contain, in at least 10-point type that is

bold-faced, capitalized, underlined, or otherwise conspicuously

set out from the surrounding written material, a specific

statement that liability insurance coverage for bodily injury and

property damage caused to others is not included.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.206. INSURANCE MAY BE FURNISHED BY BUYER. (a) If

insurance is requested or required in connection with a retail

installment contract and the retail installment contract includes

a premium or rate of charge that is not fixed or approved by the

commissioner of insurance, the retail buyer is entitled to

furnish the insurance coverage not later than the 10th day after

the date of the contract or the delivery or mailing of the

written statement required under Section 348.204, as appropriate,

through:

(1) an existing insurance policy owned or controlled by the

buyer; or

(2) an insurance policy obtained from an insurance company

authorized to do business in this state.

(b) When a retail installment contract is executed, the retail

buyer is entitled to purchase the insurance described by Section

348.210 and select:

(1) the agent or broker; and

(2) an insurance company acceptable to the holder.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.207. BUYER'S FAILURE TO PROVIDE EVIDENCE OF INSURANCE.

(a) If a retail buyer fails to present to the holder reasonable

evidence that the buyer has obtained or maintained a coverage

required by the retail installment contract, the holder may:

(1) obtain substitute insurance coverage that is substantially

equal to or more limited than the coverage required; and

(2) add the amount of the premium advanced for the substitute

insurance to the unpaid balance of the contract.

(b) Substitute insurance coverage under Subsection (a)(1):

(1) may at the holder's option be limited to coverage only of

the interest of the holder or the interest of the holder and the

buyer; and

(2) must be written at lawful rates in accordance with the

Insurance Code by a company authorized to do business in this

state.

(c) If substitute insurance is obtained by the holder under

Subsection (a), the amendment adding the premium or rescheduling

the contract is not required to be signed by the retail buyer.

The holder shall deliver to the buyer or send to the buyer's most

recent address shown on the records of the holder specific

written notice that the holder has obtained substitute insurance.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.208. CHARGES FOR OTHER INSURANCE AND FORMS OF

PROTECTION INCLUDED IN RETAIL INSTALLMENT CONTRACT. (a) A

retail buyer and retail seller may agree in a retail installment

contract to include a charge for insurance coverage that is:

(1) for a risk of loss or liability reasonably related to:

(A) the motor vehicle;

(B) the use of the motor vehicle; or

(C) goods or services that:

(i) are related to the motor vehicle; and

(ii) may ordinarily be insured with a motor vehicle;

(2) written on policies or endorsement forms prescribed or

approved by the commissioner of insurance; and

(3) ordinarily available in policies or endorsements offered to

the public.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

36, Sec. 1

(b) A retail installment contract may include as a separate

charge an amount for:

(1) motor vehicle property damage or bodily injury liability

insurance;

(2) mechanical breakdown insurance;

(3) participation in a motor vehicle theft protection plan;

(4) insurance to reimburse the retail buyer for the amount

computed by subtracting the proceeds of the buyer's basic

collision policy on the motor vehicle from the amount owed

State Codes and Statutes

FINANCE CODE

TITLE 4. REGULATION OF INTEREST, LOANS, AND FINANCED TRANSACTIONS

SUBTITLE B. LOANS AND FINANCED TRANSACTIONS

CHAPTER 348. MOTOR VEHICLE INSTALLMENT SALES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 348.001. DEFINITIONS. In this chapter:

(1) "Buyer's order" means a nonbinding, preliminary written

computation relating to the purchase in a retail installment

transaction of a motor vehicle that describes specifically:

(A) the motor vehicle being purchased; and

(B) each motor vehicle being traded in.

Text of subdivision as added by Acts 2009, 81st Leg., R.S., Ch.

149, Sec. 1

(1-a) "Debt cancellation agreement" means a retail installment

contract term or a contractual arrangement modifying a retail

installment contract term under which a retail seller or holder

agrees to cancel all or part of an obligation of the retail buyer

to repay an extension of credit from the retail seller or holder

on the occurrence of the total loss or theft of the motor vehicle

that is the subject of the retail installment contract but does

not include an offer to pay a specified amount on the total loss

or theft of the motor vehicle.

Text of subdivision as added by Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 3

(1-a) "Commercial vehicle" means a motor vehicle that is not

used primarily for personal, family, or household use. The term

includes:

(A) a motor vehicle with a gross vehicular weight of 10,001

pounds or more;

(B) a motor vehicle that will be owned by a corporation, limited

liability company, limited partnership, or other business entity

formed, organized, or registered in this state, another state, or

another country; and

(C) a motor vehicle that will be part of a fleet of five or more

vehicles owned by the same person.

(2) "Heavy commercial vehicle" means:

(A) a truck or truck tractor that:

(i) has a gross vehicular weight of 19,000 pounds or more; and

(ii) is not used primarily for personal, family, or household

use; or

(B) a trailer or semitrailer designed for use in combination

with a vehicle described by Paragraph (A).

(3) "Holder" means a person who is:

(A) a retail seller; or

(B) the assignee or transferee of a retail installment contract.

(3-a) "Motor home" means a motor vehicle that is designed to

provide temporary living quarters and that:

(A) is built on a motor vehicle chassis as an integral part of

or a permanent attachment to the chassis; and

(B) contains at least four of the following independent life

support systems that are permanently installed and designed to be

removed only for repair or replacement and that meet the

standards of the American National Standards Institute, Standards

for Recreational Vehicles:

(i) a cooking facility with an on-board fuel source;

(ii) a gas or electric refrigerator;

(iii) a toilet with exterior evacuation;

(iv) a heating or air-conditioning system with an on-board power

or fuel source separate from the vehicle engine;

(v) a potable water supply system that includes at least a sink,

a faucet, and a water tank with an exterior service supply

connection; or

(vi) a 110-125 volt electric power supply.

(4) "Motor vehicle" means an automobile, motor home, truck,

truck tractor, trailer, semitrailer, or bus designed and used

primarily to transport persons or property on a highway. The

term includes a commercial vehicle or heavy commercial vehicle.

The term does not include:

(A) a boat trailer;

(B) a vehicle propelled or drawn exclusively by muscular power;

(C) a vehicle that is designed to run only on rails or tracks;

or

(D) machinery that is not designed primarily for highway

transportation but may incidentally transport persons or property

on a public highway.

(5) "Retail buyer" means a person who purchases or agrees to

purchase a motor vehicle from a retail seller in a retail

installment transaction.

(6) "Retail installment contract" means one or more instruments

entered into in this state that evidence a retail installment

transaction. The term includes a chattel mortgage, a conditional

sale contract, a security agreement, and a document that

evidences a bailment or lease described by Section 348.002. The

term does not include a buyer's order.

(7) "Retail installment transaction" means a transaction in

which a retail buyer purchases a motor vehicle from a retail

seller other than principally for the purpose of resale and

agrees with the retail seller to pay part or all of the cash

price in one or more deferred installments.

(8) "Retail seller" means a person in the business of selling

motor vehicles to retail buyers in retail installment

transactions.

(9) "Time price differential" means the total amount added to

the principal balance to determine the balance of the retail

buyer's indebtedness under a retail installment contract.

(10-a) "Towable recreation vehicle" means a nonmotorized vehicle

that:

(A) was originally designed and manufactured primarily to

provide temporary human habitation in conjunction with

recreational, camping, or seasonal use;

(B) is titled and registered with the Texas Department of Motor

Vehicles as a travel trailer through a county tax

assessor-collector;

(C) is permanently built on a single chassis;

(D) contains at least one life support system; and

(E) is designed to be towable by a motor vehicle.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1018, Sec. 2.19, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

149, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 3, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 3D.02, eff. September 1, 2009.

Sec. 348.0015. PRESUMPTION REGARDING NONCOMMERCIAL VEHICLES;

EXCEPTION. (a) A motor vehicle that is not described by Section

348.001(1-a)(A), (B), or (C) or a motor vehicle that is of a type

typically used for personal, family, or household use, as

determined by finance commission rule, is presumed not to be a

commercial vehicle.

(b) Notwithstanding Subsection (a), if a retail buyer represents

in writing that a motor vehicle is not for personal, family, or

household use, or that the vehicle is for commercial use, a

retail seller or holder to whom the representation is made may

rely on that representation unless the retail seller or holder,

as applicable, has actual knowledge that the representation is

not true.

Added by Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 4, eff. September 1, 2009.

Sec. 348.002. BAILMENT OR LEASE AS RETAIL INSTALLMENT

TRANSACTION. A bailment or lease of a motor vehicle is a retail

installment transaction if the bailee or lessee:

(1) contracts to pay as compensation for use of the vehicle an

amount that is substantially equal to or exceeds the value of the

vehicle; and

(2) on full compliance with the bailment or lease is bound to

become the owner or, for no or nominal additional consideration,

has the option to become the owner of the vehicle.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.003. CLASSIFICATION AS RETAIL INSTALLMENT TRANSACTION

UNAFFECTED. A transaction is not excluded as a retail

installment transaction because:

(1) the retail seller arranges to transfer the retail buyer's

obligation;

(2) the amount of any charge in the transaction is determined by

reference to a chart or other information furnished by a

financing institution;

(3) a form for all or part of the retail installment contract is

furnished by a financing institution; or

(4) the credit standing of the retail buyer is evaluated by a

financing institution.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.004. CASH PRICE. (a) The cash price is the price at

which the retail seller offers in the ordinary course of business

to sell for cash the goods or services that are subject to the

transaction. An advertised price does not necessarily establish

a cash price.

(b) The cash price does not include any finance charge.

(c) At the retail seller's option, the cash price may include:

(1) the price of accessories;

(2) the price of services related to the sale;

(3) the price of service contracts;

(4) taxes; and

(5) fees for license, title, and registration.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 4, eff. September 1, 2009.

Sec. 348.005. ITEMIZED CHARGE. An amount in a retail

installment contract is an itemized charge if the amount is not

included in the cash price and is the amount of:

(1) fees for registration, certificate of title, and license and

any additional registration fees charged by a full service deputy

under Section 502.114, Transportation Code;

(2) any taxes;

(3) fees or charges prescribed by law and connected with the

sale or inspection of the motor vehicle; and

(4) charges authorized for insurance, service contracts,

warranties, or a debt cancellation agreement by Subchapter C.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

149, Sec. 2, eff. September 1, 2009.

Sec. 348.0051. CONTRACTS FOR COMMERCIAL VEHICLES; ADDITIONAL

CHARGES PERMITTED. (a) Notwithstanding Sections 348.004 and

348.005 and in addition to the amounts allowed under those

sections, the following amounts may be included as an itemized

charge or in the cash price in a retail installment contract for

a commercial vehicle:

(1) any fees prescribed by law;

(2) any amounts charged by a titling or registration service

relating to the sale;

(3) any other amount agreed to by the retail buyer and retail

seller, including amounts payable to the retail seller or another

person for the provision of goods or services relating to:

(A) the commercial vehicle;

(B) the sale or use of the commercial vehicle; or

(C) the retail buyer's business in which the commercial vehicle

will be used; and

(4) an amount paid to the retail seller or other person as

consideration for the agreement of the holder of the retail

installment contract to waive:

(A) all or part of the difference between the amount owed under

a retail installment contract and the amount paid under a

physical damage insurance policy maintained by the retail buyer

or its assign, in the event the vehicle is a total loss;

(B) all or part of the amount owed under the retail installment

contract, in the event of the death of the retail buyer; or

(C) one or more payments owed under the retail installment

contract, in the event of the disability of the retail buyer.

(b) If a charge under Subsection (a)(4) is included in the

contract, the contract and any agreement to waive an amount

described by Subsection (a)(4) must each conspicuously disclose

that the waiver is optional.

(c) Notwithstanding any other law, the amount described by

Subsection (a)(4) is not a charge for insurance, and the sale,

provision, or waiving of a balance owed or other action relating

to a waiver of all or part of the amount owed under a retail

installment contract for a commercial vehicle is not considered

insurance or engaging in the business of insurance.

Added by Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 5, eff. September 1, 2009.

Sec. 348.006. PRINCIPAL BALANCE; INCLUSION OF DOCUMENTARY FEE.

(a) The principal balance under a retail installment contract is

computed by:

(1) adding:

(A) the cash price of the motor vehicle;

(B) each amount included in the retail installment contract for

an itemized charge; and

(C) subject to Subsection (c), a documentary fee for services

rendered for or on behalf of the retail buyer in handling and

processing documents relating to the motor vehicle sale; and

(2) subtracting from the results under Subdivision (1) the

amount of the retail buyer's down payment in money, goods, or

both.

(b) The computation of the principal balance may include an

amount authorized under Section 348.404(b).

(c) For a documentary fee to be included in the principal

balance of a retail installment contract:

(1) the retail seller must charge the documentary fee to cash

buyers and credit buyers;

(2) the documentary fee may not exceed:

(A) for a motor vehicle retail installment contract other than a

contract for a commercial vehicle, a reasonable amount agreed to

by the retail seller and retail buyer for the documentary

services; or

(B) for a commercial vehicle retail installment contract, an

amount agreed to in writing by the retail seller and retail

buyer; and

(3) except for a buyer's order or retail installment contract

for a commercial vehicle, the buyer's order and the retail

installment contract must include:

(A) a statement of the amount of the documentary fee; and

(B) in reasonable proximity to the place in each where the

amount of the documentary fee is disclosed, the following notice

in type that is bold-faced, capitalized, underlined, or otherwise

conspicuously set out from surrounding written material:

"A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS

NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO BUYERS FOR HANDLING

DOCUMENTS RELATING TO THE SALE. A DOCUMENTARY FEE MAY NOT EXCEED

A REASONABLE AMOUNT AGREED TO BY THE PARTIES. THIS NOTICE IS

REQUIRED BY LAW."

(d) A retail seller shall post the documentary fee notice

prescribed in Subsection (c) so that it is clearly visible in

each place where a vehicle sale is finalized. If the language

primarily used in an oral sales presentation is not the same as

the language in which the retail installment contract is written,

the retail seller shall furnish to the retail buyer a written

statement containing the notice set out in Subsection (c)(3)(B)

in the language primarily used in the oral sales presentation.

(e) Prior to increasing the maximum amount of the documentary

fee the retail seller charges, a retail seller shall provide

written notice to the commissioner of the maximum amount of the

documentary fee the retail seller intends to charge. The

commissioner may review the amount of a documentary fee for

reasonableness. In determining whether a fee charged by a retail

seller is reasonable, the commissioner may consider the resources

required by the retail seller to perform the retail seller's

duties under state and federal law with respect to the handling

and processing of documents relating to the sale and financing of

a motor vehicle. If the commissioner determines that a

documentary fee charged is not reasonable, the commissioner may

require that the documentary fee charged be reduced or suspended.

(f) A documentary fee charged in accordance with this section

before September 1, 2009, is considered reasonable for purposes

of this section.

(g) This section does not:

(1) create a private right of action; or

(2) require that the commissioner approve a specific documentary

fee amount before a retail seller charges the fee.

(h) The finance commission may adopt rules, including rules

relating to the standards for a reasonableness determination or

disclosures, necessary to enforce this section. A rule adopted

under this subsection may not require a retail seller to submit

to the commissioner for prior approval the amount of a

documentary fee that the retail seller intends to charge under

this section.

(i) The commissioner has exclusive jurisdiction to enforce this

section.

(j) Subsections (d), (e), and (h) do not apply with respect to a

retail installment transaction for the purchase of a commercial

vehicle.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 800, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1327, Sec. 1, eff. September 1, 2009.

Sec. 348.007. APPLICABILITY OF CHAPTER. (a) Except as

otherwise provided by this section, each retail installment

transaction is subject to this chapter.

(a-1) A transaction in which a retail buyer purchases a towable

recreation vehicle from a retail seller other than principally

for the purpose of resale and agrees with the retail seller to

pay part or all of the cash price in one or more deferred

installments may be subject to this chapter instead of Chapter

345 at the option of the seller.

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 7

(a-2) A retail installment transaction in which a retail buyer

purchases a commercial vehicle is only subject to the following

provisions of this chapter:

(1) Subchapter A, unless expressly stated otherwise;

(2) Subchapter B, except Sections 348.102 and 348.123;

(3) Subchapter C, except Sections 348.204(b), 348.206, 348.209,

and 348.210;

(4) Subchapter D;

(5) Subchapter E, except Section 348.407; and

(6) Subchapter F, except Sections 348.504(a)(2), 348.514,

348.516, and 348.517.

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 2

(a-2) A retail installment transaction in which a retail buyer

purchases a commercial vehicle is only subject to the following

provisions of this chapter:

(1) Subchapter A, except Section 348.0091 or unless expressly

stated otherwise;

(2) Subchapter B, except Sections 348.102 and 348.123;

(3) Subchapter C, except Sections 348.204(b), 348.206, 348.209,

and 348.210;

(4) Subchapter D;

(5) Subchapter E, except Sections 348.404(d) and 348.407; and

(6) Subchapter F, except Sections 348.504(a)(2), 348.514,

348.516, and 348.517.

(b) This chapter does not affect or apply to a loan made or the

business of making loans under other law of this state and does

not affect a rule of law applicable to a retail installment sale

that is not a retail installment transaction.

(c) The provisions of this chapter defining specific rates and

amounts of charges and requiring certain credit disclosures to be

made control over any contrary law of this state respecting those

subjects.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1018, Sec. 2.20, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 7, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 2, eff. September 1, 2009.

Sec. 348.008. APPLICABILITY OF OTHER STATUTES TO RETAIL

INSTALLMENT TRANSACTION. (a) A loan or interest statute of this

state, other than Chapter 303, does not apply to a retail

installment transaction.

(b) Except as provided by this chapter, an applicable statute,

including Title 1, Business & Commerce Code, or a principle

of common law continues to apply to a retail installment

transaction unless it is displaced by this chapter.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.009. FEDERAL DISCLOSURE REQUIREMENTS APPLICABLE. (a)

The disclosure requirements of 12 C.F.R. Part 226 (Regulation Z)

adopted under the Truth in Lending Act (15 U.S.C. Section 1601 et

seq.) and specifically 12 C.F.R. Section 226.18(f), regarding

variable rate disclosures, apply according to their terms to

retail installment transactions.

(b) If a disclosure requirement of this chapter and one of a

federal law, including a regulation or an interpretation of law,

are inconsistent or conflict, federal law controls and the

inconsistent or conflicting disclosures required by this chapter

need not be given.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.0091. DISCLOSURE OF EQUITY IN TRADE-IN MOTOR VEHICLE.

(a) A retail seller may not accept a trade-in motor vehicle for

a motor vehicle sold under a retail installment contract unless

the retail seller provides to the retail buyer, before the buyer

signs the contract, a completed disclosure of trade-in equity

form prescribed by this section.

(b) The finance commission shall by rule adopt a standard form

for the disclosure of the equity in a retail buyer's trade-in

motor vehicle.

(c) The form adopted by the finance commission under Subsection

(b), at a minimum, must:

(1) contain:

(A) the name of the retail buyer;

(B) the name, address, and telephone number of the retail

seller;

(C) the make, model, year, and vehicle identification number of

the trade-in motor vehicle;

(D) the date of the retail installment transaction;

(E) the amount offered by the retail seller to the retail buyer

for the trade-in motor vehicle;

(F) the amount the retail buyer owes on the trade-in motor

vehicle as of the date of the retail installment transaction;

(G) a statement indicating whether the retail buyer's equity in

the trade-in motor vehicle is positive or negative;

(H) a disclosure containing substantially similar words to the

following: "If the EQUITY amount is NEGATIVE, the value the

retail seller is offering you for your trade-in motor vehicle is

less than what you currently owe on your trade-in. The amount of

negative equity may be further reduced by the amount of any cash

down payment and manufacturer's rebate and may be included in the

amount financed under your retail installment contract as an

itemized charge.";

(I) the cash price of the vehicle being purchased under the

retail installment transaction; and

(J) the amount financed under the retail installment contract;

(2) include a space for the signature of both the retail seller

and retail buyer and the printed name of the retail seller; and

(3) be signed and dated by the retail seller and retail buyer.

(d) The retail seller is solely responsible for the content and

delivery of the disclosure form required by Subsection (a). An

assignee of a retail installment contract may not be held

responsible for a retail seller's failure to comply with the

requirements of this section.

(e) This section does not create a private right of action. The

commissioner has exclusive jurisdiction to enforce this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 3, eff. September 1, 2009.

Sec. 348.010. ADDITIONAL INFORMATION ALLOWED IN CONTRACT.

Information not required by this chapter may be included in a

retail installment contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.011. ORDER OF ITEMS IN CONTRACT. Items required by

this chapter to be in a retail installment contract are not

required to be stated in the order set forth in this chapter.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.012. APPLICABILITY OF INSURANCE PREMIUM FINANCING

PROVISIONS. Chapter 651, Insurance Code, does not apply to a

retail installment transaction.

Added by Acts 2001, 77th Leg., ch. 1235, Sec. 17, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 11.117, eff. September 1, 2005.

Sec. 348.013. CONDITIONAL DELIVERY AGREEMENT. (a) In this

section, "conditional delivery agreement" means a contract

between a retail seller and prospective retail buyer under the

terms of which the retail seller allows the prospective retail

buyer the use and benefit of a motor vehicle for a specified

term.

(b) Subject to this section, a retail seller and prospective

retail buyer may enter into a conditional delivery agreement.

(c) A conditional delivery agreement is:

(1) an enforceable contract; and

(2) void on the execution of a retail installment contract

between the parties of the conditional delivery agreement for the

sale of the motor vehicle that is the subject of the conditional

delivery agreement.

(d) A conditional delivery agreement may only confer rights

consistent with this section and may not confer any legal or

equitable rights of ownership, including ownership of the motor

vehicle that is the subject of the conditional delivery

agreement.

(e) A conditional delivery agreement may not exceed a term of 15

days.

(f) If a prospective retail buyer tenders to a retail seller a

trade-in motor vehicle in connection with a conditional delivery

agreement:

(1) the parties must agree on the value of the trade-in motor

vehicle;

(2) the conditional delivery agreement must contain the agreed

value of the trade-in motor vehicle described by Subdivision (1);

and

(3) the retail seller must use reasonable care to conserve the

trade-in motor vehicle while the vehicle is in the retail

seller's possession.

(g) If the parties to a conditional delivery agreement do not

subsequently enter into a retail installment contract for the

sale of the motor vehicle that is the subject of the conditional

delivery agreement, the retail seller shall, not later than the

seventh day after termination of the conditional delivery

agreement:

(1) deliver to the prospective retail buyer any trade-in motor

vehicle that the prospective retail buyer tendered in connection

with the conditional delivery agreement in the same or

substantially the same condition as it was at the time of

execution of the agreement and shall return any down payment or

other consideration received from the prospective retail buyer in

connection with the agreement; or

(2) if the trade-in motor vehicle cannot be returned in the same

or substantially the same condition as it was at the time of

execution of the conditional delivery agreement, deliver to the

prospective retail buyer a sum of money equal to the agreed value

of the trade-in motor vehicle as described by Subsection (f) and

shall return any down payment or other consideration described by

Subdivision (1).

(h) Any money that a retail seller is obligated to provide a

prospective retail buyer under Subsection (g) must be tendered at

the same time that the trade-in motor vehicle is delivered for

return to the prospective retail buyer or when the trade-in motor

vehicle would have been delivered if the vehicle was damaged or

could not be returned.

(i) If a prospective retail buyer returns a motor vehicle under

a conditional delivery agreement at the request of the retail

seller, the retail seller, notwithstanding the period prescribed

by Subsection (g), must return the trade-in vehicle at the same

time that the motor vehicle under the conditional delivery

agreement is returned by the prospective retail buyer.

(j) The prospective retail buyer shall return the motor vehicle

received under the conditional delivery agreement in the same or

substantially the same condition as it was at the time of the

execution of the conditional delivery agreement.

(k) An amount paid or required to be paid by the retail seller

under Subsection (g) is subject to review by the commissioner.

If the commissioner determines that the retail seller in fact

owes the prospective retail buyer a certain amount under

Subsection (g), the commissioner may order the retail seller to

pay the amount to the prospective retail buyer. If the trade-in

motor vehicle is not returned by the retail seller in accordance

with this section and the retail seller does not pay the

prospective retail buyer an amount equal to the agreed value of

the trade-in motor vehicle within the period prescribed by this

section, the commissioner may assess an administrative penalty

against the retail seller in an amount that is reasonable in

relation to the value of the trade-in motor vehicle. The

commissioner shall provide notice to the retail seller and the

prospective retail buyer of the commissioner's determination

under this subsection.

(l) Not later than the 30th day after the date the parties

receive notice of the commissioner's determination under

Subsection (k), the retail seller or prospective retail buyer may

file with the commissioner an appeal of the commissioner's

determination requesting a time and place for a hearing before a

hearings officer designated by the commissioner. A hearing under

this subsection is governed by Chapter 2001, Government Code.

After the hearing, based on the findings of fact, conclusions of

law, and recommendations of the hearings officer, the

commissioner shall enter a final order.

(m) A person who requests an appeal under Subsection (l) is

required to pay a deposit to secure the payment of the costs of

the hearing in a reasonable amount as determined by the

commissioner, unless the person cannot afford to pay the deposit

and files an affidavit to that effect with the hearings officer

in the form and content prescribed by finance commission rule.

The entire deposit must be refunded to the person if the person

prevails in the hearing. If the person does not prevail, any

portion of the deposit in excess of the costs of the hearing

assessed against the person is refundable.

(n) Notice of the commissioner's final order under Subsection

(l), given to the person in accordance with Section 2001,

Government Code, must include a statement of the person's right

to judicial review of the order.

(o) The hearings officer may order the retail seller or the

prospective retail buyer, or both, to pay reasonable expenses

incurred by the commissioner in connection with obtaining a final

order under Subsection (l), including attorney's fees,

investigative costs, and witness fees.

(p) This section does not:

(1) apply to a bailment agreement under Section 348.002; or

(2) create a private right of action.

(q) Except as otherwise provided by this section, the

commissioner has exclusive jurisdiction to enforce this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

683, Sec. 1, eff. September 1, 2009.

SUBCHAPTER B. RETAIL INSTALLMENT CONTRACT

Sec. 348.101. RETAIL INSTALLMENT CONTRACT GENERAL REQUIREMENTS.

(a) A retail installment contract is required for each retail

installment transaction. A retail installment contract may be

more than one document.

(b) A retail installment contract must be:

(1) in writing;

(2) dated;

(3) signed by the retail buyer and retail seller; and

(4) completed as to all essential provisions before it is signed

by the retail buyer except as provided by Subsection (d).

(c) The printed part of a retail installment contract, other

than instructions for completion, must be in at least eight-point

type unless a different size of type is required under this

subchapter.

(d) If the motor vehicle is not delivered when the retail

installment contract is executed, the following information may

be inserted after the contract is executed:

(1) the identifying numbers or marks of the vehicle or similar

information; and

(2) the due date of the first installment.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.1015. CONTRACT CONDITIONED ON SUBSEQUENT ASSIGNMENT

PROHIBITED. (a) A retail installment contract may not be

conditioned on the subsequent assignment of the contract to a

holder.

(b) A provision in violation of this section is void. This

subsection does not affect the validity of other provisions of

the contract that may be given effect without the voided

provision, and to that extent those provisions are severable.

(c) This section does not create a private right of action.

(d) The commissioner has exclusive jurisdiction to enforce this

section.

Added by Acts 2009, 81st Leg., R.S., Ch.

683, Sec. 2, eff. September 1, 2009.

Sec. 348.102. CONTENTS OF CONTRACT. (a) A retail installment

contract must contain:

(1) the name of the retail seller and the name of the retail

buyer;

(2) the place of business or address of the retail seller;

(3) the residence or other address of the retail buyer as

specified by the retail buyer;

(4) a description of the motor vehicle being sold;

(5) the cash price of the retail installment transaction;

(6) the amount of any down payment by the retail buyer,

specifying the amounts paid in money and in goods traded in; and

(7) each itemized charge.

(b) A charge for insurance, a service contract, or a warranty

authorized by Subchapter C may be disclosed as provided by that

subchapter.

(c) A retail installment contract that provides for a variable

contract rate must set out the method by which the rate is

computed.

(d) The contract must contain substantially the following notice

in at least 10-point type that is bold-faced, capitalized, or

underlined or otherwise conspicuously set out from the

surrounding written material:

"NOTICE TO THE BUYER--DO NOT SIGN THIS CONTRACT BEFORE YOU READ

IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO A COPY

OF THE CONTRACT YOU SIGN. UNDER THE LAW YOU HAVE THE RIGHT TO PAY

OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS

MAY OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. KEEP THIS

CONTRACT TO PROTECT YOUR LEGAL RIGHTS."

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 8, eff. September 1, 2009.

Sec. 348.103. TIME PRICE DIFFERENTIAL FOR RETAIL INSTALLMENT

CONTRACT. A retail installment contract may provide for:

(1) any amount of time price differential permitted under

Section 348.104, 348.105, or 348.106; or

(2) any rate of time price differential not exceeding a yield

permitted under Section 348.104, 348.105, or 348.106.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.104. TIME PRICE DIFFERENTIAL FOR CONTRACT WITH EQUAL

MONTHLY SUCCESSIVE PAYMENTS. (a) A retail installment contract

that is payable in substantially equal successive monthly

installments beginning one month after the date of the contract

may provide for a time price differential that does not exceed:

(1) the add-on charge provided by this section; or

(2) $25 if the add-on charge under Subdivision (1) is less than

$25.

(b) The add-on charge is $7.50 per $100 per year on the

principal balance for a new motor vehicle, other than a heavy

commercial vehicle, designated by the manufacturer by a model

year that is not earlier than the year in which the sale is made.

(c) The add-on charge is $10 per $100 per year on the principal

balance for:

(1) a new motor vehicle not covered by Subsection (b);

(2) a used motor vehicle designated by the manufacturer by a

model year that is not more than two years before the year in

which the sale is made; or

(3) a new or used heavy commercial vehicle designated by the

manufacturer by a model year that is not more than two years

before the year in which the sale is made.

(d) The add-on charge is $12.50 per $100 per year on the

principal balance for a used motor vehicle not covered by

Subsection (c) that is a motor vehicle designated by the

manufacturer by a model year that is not more than four years

before the year in which the sale is made.

(e) For a used motor vehicle not covered by Subsection (c) or

(d), the add-on charge is:

(1) $15 per $100 per year on the principal balance; or

(2) $18 per $100 per year on the principal balance if the

principal balance under the retail installment contract does not

exceed $300.

(f) The time price differential is computed on the original

principal balance under the retail installment contract from the

date of the contract until the maturity of the final installment,

notwithstanding that the balance is payable in installments.

(g) If the retail installment contract is payable for a period

that is shorter or longer than a year or is for an amount that is

less or greater than $100, the amount of the maximum time price

differential computed under this section is decreased or

increased proportionately.

(h) For the purpose of a computation under this section, 16 or

more days of a month may be considered a full month.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 5, eff. September 1, 2009.

Sec. 348.105. USE OF OPTIONAL CEILING. As an alternative to the

maximum rate or amount authorized for a time price differential

under Section 348.104 or 348.106, a retail installment contract

may provide for a rate or amount of time price differential that

does not exceed the rate or amount authorized by Chapter 303.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.106. TIME PRICE DIFFERENTIAL FOR OTHER CONTRACTS. A

retail installment contract that is payable other than in

substantially equal successive monthly installments or the first

installment of which is not payable one month from the date of

the contract may provide for a time price differential that does

not exceed an amount that, having due regard for the schedule of

payments, provides the same effective return as if the contract

were payable in substantially equal successive monthly

installments beginning one month from the date of the contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.107. CHARGE FOR DEFAULT IN PAYMENT OF INSTALLMENT. (a)

A retail installment contract may provide that if an installment

remains unpaid after the 10th day after the maturity of the

installment for a heavy commercial vehicle or after the 15th day

after the maturity of the installment for any other motor vehicle

the holder may collect:

(1) a delinquency charge that does not exceed five percent of

the amount of the installment; or

(2) interest on the amount of the installment accruing after the

maturity of the installment and until the installment is paid in

full at a rate that does not exceed the maximum rate authorized

for the contract.

(b) A retail installment contract that provides for the accrual

earnings method may provide for the delinquency charge authorized

by Subsection (a)(1), the interest authorized by Subsection

(a)(2), or both.

(c) Only one delinquency charge may be collected on an

installment under this section regardless of the duration of the

default.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 2001, 77th Leg., ch. 1077, Sec. 1, eff. Sept. 1,

2001.

Sec. 348.108. CHARGES FOR COLLECTING DEBT. A retail installment

contract may provide for the payment of:

(1) reasonable attorney's fees if the contract is referred for

collection to an attorney who is not a salaried employee of the

holder;

(2) court costs and disbursements; and

(3) reasonable out-of-pocket expenses incurred in connection

with the repossession or sequestration of the motor vehicle

securing the payment of the contract or foreclosure of a security

interest in the vehicle, including the costs of storing,

reconditioning, and reselling the vehicle, subject to the

standards of good faith and commercial reasonableness set by

Title 1, Business & Commerce Code.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.109. ACCELERATION OF DEBT MATURITY. A retail

installment contract may not authorize the holder to accelerate

the maturity of all or a part of the amount owed under the

contract unless:

(1) the retail buyer is in default in the performance of any of

the buyer's obligations;

(2) the holder believes in good faith that the prospect of

buyer's payment or performance is impaired; or

(3) if the retail installment contract is for a commercial

vehicle, the retail buyer or an affiliate of the retail buyer is

in default in its obligations under another financing agreement

or leasing agreement held by the same holder or an affiliate of

the holder.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 9, eff. September 1, 2009.

Sec. 348.110. DELIVERY OF COPY OF CONTRACT. A retail seller

shall:

(1) deliver to the retail buyer a copy of the retail installment

contract as accepted by the retail seller; or

(2) mail to the retail buyer at the address shown on the retail

installment contract a copy of the retail installment contract as

accepted by the retail seller.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.111. BUYER'S RIGHT TO RESCIND CONTRACT. Until the

retail seller complies with Section 348.110, a retail buyer who

has not received delivery of the motor vehicle is entitled to:

(1) rescind the contract;

(2) receive a refund of all payments made under or in

contemplation of the contract; and

(3) receive the return of all goods traded in to the retail

seller under or in contemplation of the contract or, if those

goods cannot be returned, to receive the value of those goods.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.112. BUYER'S ACKNOWLEDGMENT OF DELIVERY OF CONTRACT

COPY. (a) Any retail buyer's acknowledgment of delivery of a

copy of the retail installment contract must:

(1) be in at least 10-point type that is bold-faced,

capitalized, or underlined or otherwise conspicuously set out

from the surrounding written material; and

(2) appear directly above the buyer's signature.

(b) Any retail buyer's acknowledgment conforming to this section

of delivery of a copy of the retail installment contract is, in

an action or proceeding by or against a holder of the contract

who was without knowledge to the contrary when the holder

purchased it, conclusive proof:

(1) that the copy was delivered to the buyer;

(2) that the contract did not contain a blank space that was

required to have been completed under this chapter when the

contract was signed by the buyer; and

(3) of compliance with Sections 348.009, 348.101, 348.102,

348.123, 348.205, 348.405, 348.406, and 348.408.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.113. AMENDMENT OF RETAIL INSTALLMENT CONTRACT. On

request by a retail buyer, the holder may agree to one or more

amendments to the retail installment contract to:

(1) extend or defer the scheduled due date of all or a part of

one or more installments; or

(2) renew, restate, or reschedule the unpaid balance under the

contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.114. CHARGES FOR DEFERRING INSTALLMENT. (a) If a

retail installment contract is amended to defer all or a part of

one or more installments for not longer than three months, the

holder may collect from the retail buyer:

(1) an amount computed on the amount deferred for the period of

deferment at a rate that does not exceed the effective return for

time price differential permitted for a monthly payment retail

installment contract; and

(2) the amount of the additional cost to the holder for:

(A) premiums for continuing in force any insurance coverages

provided for by the contract; and

(B) any additional necessary official fees.

(b) The minimum charge under Subsection (a)(1) is $1.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.115. CHARGE FOR OTHER AMENDMENT. (a) If the unpaid

balance of a retail installment contract is extended, renewed,

restated, or rescheduled under this subchapter and Section

348.114 does not apply, the holder may collect an amount computed

on the principal balance of the amended contract for the term of

the amended contract at the time price differential for a retail

installment contract that is applicable after reclassifying the

motor vehicle by its model year at the time of the amendment.

(b) The principal balance of the amended contract is computed

by:

(1) adding:

(A) the unpaid balance as of the date of amendment;

(B) the cost of any insurance incidental to the amendment;

(C) the amount of each additional necessary official fee; and

(D) the amount of each accrued delinquency or collection charge;

and

(2) subtracting from the total computed under Subdivision (1) an

amount equal to the prepayment refund credit required by Section

348.120 or 348.121, as applicable.

(c) The provisions of this chapter relating to minimum charges

under Section 348.104 and acquisition costs under the refund

schedule under Section 348.120 do not apply in computing the

principal balance of the amended contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.116. CONFIRMATION OF AMENDMENT. An amendment to a

retail installment contract must be confirmed in a writing signed

by the retail buyer. The holder shall:

(1) deliver a copy of the confirmation to the buyer; or

(2) mail a copy of the confirmation to the buyer at the buyer's

most recent address shown on the records of the holder.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.117. CONTRACT AFTER AMENDMENT. After amendment the

retail installment contract is the original contract and each

amendment to the original contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.118. PREPAYMENT OF CONTRACT. A retail buyer may prepay

a retail installment contract in full at any time before

maturity. This section prevails over a conflicting provision of

the contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.119. REFUND CREDIT ON PREPAYMENT. If a retail buyer

prepays a retail installment contract in full or if the holder of

the contract demands payment of the unpaid balance of the

contract in full before the contract's final installment is due,

the buyer is entitled to receive a refund credit as provided by

Section 348.120 or 348.121, as applicable.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.120. AMOUNT OF REFUND CREDIT FOR MONTHLY INSTALLMENT

CONTRACT. (a) This section applies only to a refund credit on

the prepayment of a retail installment contract that is payable

in substantially equal successive monthly installments beginning

one month after the date of the contract.

(b) On a contract for a motor vehicle other than a heavy

commercial vehicle the minimum amount of the refund credit is

computed by:

(1) subtracting an acquisition cost of $25 from the original

time price differential; and

(2) multiplying the amount computed under Subdivision (1) by the

percentage of refund computed under Subsection (d).

(c) On a contract for a heavy commercial vehicle the minimum

amount of the refund credit is computed by:

(1) multiplying the amount of the original time price

differential by the percentage of refund computed under

Subsection (d); and

(2) subtracting an acquisition cost of $150 from the amount

computed under Subdivision (1).

(d) The percentage of refund is computed by:

(1) computing the sum of all of the monthly balances under the

contract's schedule of payments; and

(2) dividing the amount computed under Subdivision (1) into the

sum of the unpaid monthly balances under the contract's schedule

of payments beginning:

(A) on the first day, after the date of the prepayment or demand

for payment in full, that is the date of a month that corresponds

to the date of the month that the first installment is due under

the contract; or

(B) if the prepayment or demand for payment in full is made

before the first installment date under the contract, one month

after the next monthly anniversary date of the contract occurring

after the prepayment or demand.

(e) A refund credit is not required if the amount of the refund

credit is less than $1.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.121. AMOUNT OF REFUND CREDIT FOR OTHER CONTRACTS. The

minimum amount of the refund credit on a retail installment

contract to which Section 348.120 does not apply shall be

computed in a manner proportionate to the method set out by that

section for the type of motor vehicle being sold, having due

regard for:

(1) the amount of each installment;

(2) the irregularity of the installment periods; and

(3) the requirements of Sections 348.104(f) and 348.106.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.122. REINSTATEMENT OF CONTRACT AFTER DEMAND FOR

PAYMENT. After a demand for payment in full under a retail

installment contract, the retail buyer and holder of the contract

may:

(1) agree to reinstate the contract; and

(2) amend the contract as provided by Section 348.113.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.123. REFINANCING OF LARGE INSTALLMENT. (a) If a

scheduled installment of a retail installment contract is more

than an amount equal to twice the average of all installments

scheduled before that installment, other than the down payment,

the retail buyer is entitled to refinance that installment:

(1) when the installment is due;

(2) without an acquisition cost;

(3) in installments that are not greater or more frequent than

the average amount and frequency of installments preceding that

installment; and

(4) at a rate of time price differential that does not exceed

the rate applicable to the original contract.

(b) This section does not apply to:

(1) a lease;

(2) a retail installment transaction for a vehicle that is to be

used primarily for a purpose other than personal, family, or

household use;

(3) a transaction for which the payment schedule is adjusted to

the seasonal or irregular income or scheduled payments or

obligations of the buyer;

(4) a transaction of a type that the commissioner determines

does not require the protection for the buyer provided by this

section; or

(5) a retail installment transaction in which:

(A) the seller is a franchised dealer licensed under Chapter

2301, Occupations Code; and

(B) the buyer is entitled, at the end of the term of the retail

installment contract, to choose one of the following:

(i) sell the vehicle back to the holder according to a written

agreement:

(a) entered into between the buyer and holder concurrently with

or as a part of the transaction; and

(b) under which the buyer will be released from liability or

obligation for the final scheduled payment under the contract on

compliance with the agreement;

(ii) pay the final scheduled payment under the contract; or

(iii) if the buyer is not in default under the contract,

refinance the final scheduled payment with the holder for

repayment in not fewer than 24 equal monthly installments or on

other terms agreed to by the buyer and holder at the time of

refinancing and at a rate of time price differential not to

exceed the lesser of:

(a) a rate equal to the maximum rate authorized under this

subchapter; or

(b) an annual percentage rate of five percent a year more than

the annual percentage rate of the original contract.

(c) A retail installment contract under Subsection (b)(5) must

disclose that any refinancing may be for any period and payment

schedule to which the buyer and holder agree.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.22(a), eff. Sept.

1, 1999; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.774, eff. Sept.

1, 2003.

Sec. 348.124. DEBT CANCELLATION AGREEMENTS. (a) In connection

with a retail installment transaction under this chapter, a

retail seller may offer to the retail buyer a debt cancellation

agreement. The retail seller may not require that the purchase

of a debt cancellation agreement by the retail buyer be made in

order to enter into a retail installment transaction.

(b) A debt cancellation agreement is not considered an insurance

product.

(c) The amount charged for a debt cancellation agreement made in

connection with a retail installment contract must be reasonable.

(d) In addition to other disclosures required by state or

federal law, the retail seller shall provide to the retail buyer

a separate notice in connection with the retail installment

contract stating that the retail buyer is not required to accept

or provide a debt cancellation agreement in order to purchase the

motor vehicle under a retail installment contract.

Added by Acts 2009, 81st Leg., R.S., Ch.

149, Sec. 3, eff. September 1, 2009.

SUBCHAPTER C. INSURANCE

Sec. 348.201. PROPERTY INSURANCE. (a) A holder may request or

require a retail buyer to insure the motor vehicle purchased

under a retail installment transaction and accessories and

related goods subject to the holder's security interest.

(b) The insurance and the premiums or charges for the insurance

must bear a reasonable relationship to:

(1) the amount, term, and conditions of the retail installment

contract; and

(2) the existing hazards or risk of loss, damage, or

destruction.

(c) The insurance may not:

(1) cover unusual or exceptional risks; or

(2) provide coverage not ordinarily included in policies issued

to the public.

(d) The holder may include the cost of insurance provided under

this section as a separate charge in the contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.202. CREDIT LIFE AND CREDIT HEALTH AND ACCIDENT

INSURANCE. (a) As additional protection for the contract, a

holder may request or require a retail buyer to provide credit

life insurance and credit health and accident insurance.

(b) As additional protection for the contract, a seller may

offer involuntary unemployment insurance to the buyer at the time

the contract is executed.

(c) A holder may include the cost of insurance provided under

Subsection (a) or (b), and a policy or agent fee charged in

connection with insurance provided under Subsection (a) or (b),

as a separate charge in the contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 1107, Sec. 1, eff. June 18,

1999; Acts 2001, 77th Leg., ch. 409, Sec. 1, eff. Sept. 1, 2001.

Sec. 348.203. MAXIMUM AMOUNT OF CREDIT LIFE AND CREDIT HEALTH

AND ACCIDENT COVERAGE. (a) At any time the total amount of the

policies of credit life insurance in force on one retail buyer on

one retail installment contract may not exceed:

(1) the total amount repayable under the contract; and

(2) the greater of the scheduled or actual amount of unpaid

indebtedness if the indebtedness is repayable in substantially

equal installments.

(b) At any time the total amount of the policies of credit

health and accident insurance in force on one retail buyer on one

retail installment contract may not exceed the total amount

payable under the contract, and the amount of each periodic

indemnity payment may not exceed the scheduled periodic payment

on the indebtedness.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.204. INSURANCE STATEMENT. (a) If insurance is

required in connection with a retail installment contract, the

holder shall give to the retail buyer a written statement that

clearly and conspicuously states that:

(1) insurance is required in connection with the contract; and

(2) the buyer as an option may furnish the required insurance

through:

(A) an existing policy of insurance owned or controlled by the

buyer; or

(B) an insurance policy obtained through an insurance company

authorized to do business in this state.

(b) If requested or required insurance is sold or obtained by

the holder and the retail installment contract includes a premium

or rate of charge for the insurance that is not fixed or approved

by the commissioner of insurance, the holder shall deliver or

mail to the retail buyer a written statement that includes that

fact.

(c) A statement under Subsection (a) or (b) may be provided with

or as part of the retail installment contract or separately.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.205. STATEMENT IF LIABILITY INSURANCE NOT INCLUDED IN

CONTRACT. If liability insurance coverage for bodily injury and

property damage caused to others is not included in a retail

installment contract, the retail installment contract or a

separate writing must contain, in at least 10-point type that is

bold-faced, capitalized, underlined, or otherwise conspicuously

set out from the surrounding written material, a specific

statement that liability insurance coverage for bodily injury and

property damage caused to others is not included.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.206. INSURANCE MAY BE FURNISHED BY BUYER. (a) If

insurance is requested or required in connection with a retail

installment contract and the retail installment contract includes

a premium or rate of charge that is not fixed or approved by the

commissioner of insurance, the retail buyer is entitled to

furnish the insurance coverage not later than the 10th day after

the date of the contract or the delivery or mailing of the

written statement required under Section 348.204, as appropriate,

through:

(1) an existing insurance policy owned or controlled by the

buyer; or

(2) an insurance policy obtained from an insurance company

authorized to do business in this state.

(b) When a retail installment contract is executed, the retail

buyer is entitled to purchase the insurance described by Section

348.210 and select:

(1) the agent or broker; and

(2) an insurance company acceptable to the holder.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.207. BUYER'S FAILURE TO PROVIDE EVIDENCE OF INSURANCE.

(a) If a retail buyer fails to present to the holder reasonable

evidence that the buyer has obtained or maintained a coverage

required by the retail installment contract, the holder may:

(1) obtain substitute insurance coverage that is substantially

equal to or more limited than the coverage required; and

(2) add the amount of the premium advanced for the substitute

insurance to the unpaid balance of the contract.

(b) Substitute insurance coverage under Subsection (a)(1):

(1) may at the holder's option be limited to coverage only of

the interest of the holder or the interest of the holder and the

buyer; and

(2) must be written at lawful rates in accordance with the

Insurance Code by a company authorized to do business in this

state.

(c) If substitute insurance is obtained by the holder under

Subsection (a), the amendment adding the premium or rescheduling

the contract is not required to be signed by the retail buyer.

The holder shall deliver to the buyer or send to the buyer's most

recent address shown on the records of the holder specific

written notice that the holder has obtained substitute insurance.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.208. CHARGES FOR OTHER INSURANCE AND FORMS OF

PROTECTION INCLUDED IN RETAIL INSTALLMENT CONTRACT. (a) A

retail buyer and retail seller may agree in a retail installment

contract to include a charge for insurance coverage that is:

(1) for a risk of loss or liability reasonably related to:

(A) the motor vehicle;

(B) the use of the motor vehicle; or

(C) goods or services that:

(i) are related to the motor vehicle; and

(ii) may ordinarily be insured with a motor vehicle;

(2) written on policies or endorsement forms prescribed or

approved by the commissioner of insurance; and

(3) ordinarily available in policies or endorsements offered to

the public.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

36, Sec. 1

(b) A retail installment contract may include as a separate

charge an amount for:

(1) motor vehicle property damage or bodily injury liability

insurance;

(2) mechanical breakdown insurance;

(3) participation in a motor vehicle theft protection plan;

(4) insurance to reimburse the retail buyer for the amount

computed by subtracting the proceeds of the buyer's basic

collision policy on the motor vehicle from the amount owed

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Statutes > Texas > Finance-code > Title-4-regulation-of-interest-loans-and-financed-transactions > Chapter-348-motor-vehicle-installment-sales

FINANCE CODE

TITLE 4. REGULATION OF INTEREST, LOANS, AND FINANCED TRANSACTIONS

SUBTITLE B. LOANS AND FINANCED TRANSACTIONS

CHAPTER 348. MOTOR VEHICLE INSTALLMENT SALES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 348.001. DEFINITIONS. In this chapter:

(1) "Buyer's order" means a nonbinding, preliminary written

computation relating to the purchase in a retail installment

transaction of a motor vehicle that describes specifically:

(A) the motor vehicle being purchased; and

(B) each motor vehicle being traded in.

Text of subdivision as added by Acts 2009, 81st Leg., R.S., Ch.

149, Sec. 1

(1-a) "Debt cancellation agreement" means a retail installment

contract term or a contractual arrangement modifying a retail

installment contract term under which a retail seller or holder

agrees to cancel all or part of an obligation of the retail buyer

to repay an extension of credit from the retail seller or holder

on the occurrence of the total loss or theft of the motor vehicle

that is the subject of the retail installment contract but does

not include an offer to pay a specified amount on the total loss

or theft of the motor vehicle.

Text of subdivision as added by Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 3

(1-a) "Commercial vehicle" means a motor vehicle that is not

used primarily for personal, family, or household use. The term

includes:

(A) a motor vehicle with a gross vehicular weight of 10,001

pounds or more;

(B) a motor vehicle that will be owned by a corporation, limited

liability company, limited partnership, or other business entity

formed, organized, or registered in this state, another state, or

another country; and

(C) a motor vehicle that will be part of a fleet of five or more

vehicles owned by the same person.

(2) "Heavy commercial vehicle" means:

(A) a truck or truck tractor that:

(i) has a gross vehicular weight of 19,000 pounds or more; and

(ii) is not used primarily for personal, family, or household

use; or

(B) a trailer or semitrailer designed for use in combination

with a vehicle described by Paragraph (A).

(3) "Holder" means a person who is:

(A) a retail seller; or

(B) the assignee or transferee of a retail installment contract.

(3-a) "Motor home" means a motor vehicle that is designed to

provide temporary living quarters and that:

(A) is built on a motor vehicle chassis as an integral part of

or a permanent attachment to the chassis; and

(B) contains at least four of the following independent life

support systems that are permanently installed and designed to be

removed only for repair or replacement and that meet the

standards of the American National Standards Institute, Standards

for Recreational Vehicles:

(i) a cooking facility with an on-board fuel source;

(ii) a gas or electric refrigerator;

(iii) a toilet with exterior evacuation;

(iv) a heating or air-conditioning system with an on-board power

or fuel source separate from the vehicle engine;

(v) a potable water supply system that includes at least a sink,

a faucet, and a water tank with an exterior service supply

connection; or

(vi) a 110-125 volt electric power supply.

(4) "Motor vehicle" means an automobile, motor home, truck,

truck tractor, trailer, semitrailer, or bus designed and used

primarily to transport persons or property on a highway. The

term includes a commercial vehicle or heavy commercial vehicle.

The term does not include:

(A) a boat trailer;

(B) a vehicle propelled or drawn exclusively by muscular power;

(C) a vehicle that is designed to run only on rails or tracks;

or

(D) machinery that is not designed primarily for highway

transportation but may incidentally transport persons or property

on a public highway.

(5) "Retail buyer" means a person who purchases or agrees to

purchase a motor vehicle from a retail seller in a retail

installment transaction.

(6) "Retail installment contract" means one or more instruments

entered into in this state that evidence a retail installment

transaction. The term includes a chattel mortgage, a conditional

sale contract, a security agreement, and a document that

evidences a bailment or lease described by Section 348.002. The

term does not include a buyer's order.

(7) "Retail installment transaction" means a transaction in

which a retail buyer purchases a motor vehicle from a retail

seller other than principally for the purpose of resale and

agrees with the retail seller to pay part or all of the cash

price in one or more deferred installments.

(8) "Retail seller" means a person in the business of selling

motor vehicles to retail buyers in retail installment

transactions.

(9) "Time price differential" means the total amount added to

the principal balance to determine the balance of the retail

buyer's indebtedness under a retail installment contract.

(10-a) "Towable recreation vehicle" means a nonmotorized vehicle

that:

(A) was originally designed and manufactured primarily to

provide temporary human habitation in conjunction with

recreational, camping, or seasonal use;

(B) is titled and registered with the Texas Department of Motor

Vehicles as a travel trailer through a county tax

assessor-collector;

(C) is permanently built on a single chassis;

(D) contains at least one life support system; and

(E) is designed to be towable by a motor vehicle.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1018, Sec. 2.19, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

149, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 3, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 3D.02, eff. September 1, 2009.

Sec. 348.0015. PRESUMPTION REGARDING NONCOMMERCIAL VEHICLES;

EXCEPTION. (a) A motor vehicle that is not described by Section

348.001(1-a)(A), (B), or (C) or a motor vehicle that is of a type

typically used for personal, family, or household use, as

determined by finance commission rule, is presumed not to be a

commercial vehicle.

(b) Notwithstanding Subsection (a), if a retail buyer represents

in writing that a motor vehicle is not for personal, family, or

household use, or that the vehicle is for commercial use, a

retail seller or holder to whom the representation is made may

rely on that representation unless the retail seller or holder,

as applicable, has actual knowledge that the representation is

not true.

Added by Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 4, eff. September 1, 2009.

Sec. 348.002. BAILMENT OR LEASE AS RETAIL INSTALLMENT

TRANSACTION. A bailment or lease of a motor vehicle is a retail

installment transaction if the bailee or lessee:

(1) contracts to pay as compensation for use of the vehicle an

amount that is substantially equal to or exceeds the value of the

vehicle; and

(2) on full compliance with the bailment or lease is bound to

become the owner or, for no or nominal additional consideration,

has the option to become the owner of the vehicle.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.003. CLASSIFICATION AS RETAIL INSTALLMENT TRANSACTION

UNAFFECTED. A transaction is not excluded as a retail

installment transaction because:

(1) the retail seller arranges to transfer the retail buyer's

obligation;

(2) the amount of any charge in the transaction is determined by

reference to a chart or other information furnished by a

financing institution;

(3) a form for all or part of the retail installment contract is

furnished by a financing institution; or

(4) the credit standing of the retail buyer is evaluated by a

financing institution.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.004. CASH PRICE. (a) The cash price is the price at

which the retail seller offers in the ordinary course of business

to sell for cash the goods or services that are subject to the

transaction. An advertised price does not necessarily establish

a cash price.

(b) The cash price does not include any finance charge.

(c) At the retail seller's option, the cash price may include:

(1) the price of accessories;

(2) the price of services related to the sale;

(3) the price of service contracts;

(4) taxes; and

(5) fees for license, title, and registration.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 4, eff. September 1, 2009.

Sec. 348.005. ITEMIZED CHARGE. An amount in a retail

installment contract is an itemized charge if the amount is not

included in the cash price and is the amount of:

(1) fees for registration, certificate of title, and license and

any additional registration fees charged by a full service deputy

under Section 502.114, Transportation Code;

(2) any taxes;

(3) fees or charges prescribed by law and connected with the

sale or inspection of the motor vehicle; and

(4) charges authorized for insurance, service contracts,

warranties, or a debt cancellation agreement by Subchapter C.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

149, Sec. 2, eff. September 1, 2009.

Sec. 348.0051. CONTRACTS FOR COMMERCIAL VEHICLES; ADDITIONAL

CHARGES PERMITTED. (a) Notwithstanding Sections 348.004 and

348.005 and in addition to the amounts allowed under those

sections, the following amounts may be included as an itemized

charge or in the cash price in a retail installment contract for

a commercial vehicle:

(1) any fees prescribed by law;

(2) any amounts charged by a titling or registration service

relating to the sale;

(3) any other amount agreed to by the retail buyer and retail

seller, including amounts payable to the retail seller or another

person for the provision of goods or services relating to:

(A) the commercial vehicle;

(B) the sale or use of the commercial vehicle; or

(C) the retail buyer's business in which the commercial vehicle

will be used; and

(4) an amount paid to the retail seller or other person as

consideration for the agreement of the holder of the retail

installment contract to waive:

(A) all or part of the difference between the amount owed under

a retail installment contract and the amount paid under a

physical damage insurance policy maintained by the retail buyer

or its assign, in the event the vehicle is a total loss;

(B) all or part of the amount owed under the retail installment

contract, in the event of the death of the retail buyer; or

(C) one or more payments owed under the retail installment

contract, in the event of the disability of the retail buyer.

(b) If a charge under Subsection (a)(4) is included in the

contract, the contract and any agreement to waive an amount

described by Subsection (a)(4) must each conspicuously disclose

that the waiver is optional.

(c) Notwithstanding any other law, the amount described by

Subsection (a)(4) is not a charge for insurance, and the sale,

provision, or waiving of a balance owed or other action relating

to a waiver of all or part of the amount owed under a retail

installment contract for a commercial vehicle is not considered

insurance or engaging in the business of insurance.

Added by Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 5, eff. September 1, 2009.

Sec. 348.006. PRINCIPAL BALANCE; INCLUSION OF DOCUMENTARY FEE.

(a) The principal balance under a retail installment contract is

computed by:

(1) adding:

(A) the cash price of the motor vehicle;

(B) each amount included in the retail installment contract for

an itemized charge; and

(C) subject to Subsection (c), a documentary fee for services

rendered for or on behalf of the retail buyer in handling and

processing documents relating to the motor vehicle sale; and

(2) subtracting from the results under Subdivision (1) the

amount of the retail buyer's down payment in money, goods, or

both.

(b) The computation of the principal balance may include an

amount authorized under Section 348.404(b).

(c) For a documentary fee to be included in the principal

balance of a retail installment contract:

(1) the retail seller must charge the documentary fee to cash

buyers and credit buyers;

(2) the documentary fee may not exceed:

(A) for a motor vehicle retail installment contract other than a

contract for a commercial vehicle, a reasonable amount agreed to

by the retail seller and retail buyer for the documentary

services; or

(B) for a commercial vehicle retail installment contract, an

amount agreed to in writing by the retail seller and retail

buyer; and

(3) except for a buyer's order or retail installment contract

for a commercial vehicle, the buyer's order and the retail

installment contract must include:

(A) a statement of the amount of the documentary fee; and

(B) in reasonable proximity to the place in each where the

amount of the documentary fee is disclosed, the following notice

in type that is bold-faced, capitalized, underlined, or otherwise

conspicuously set out from surrounding written material:

"A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS

NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO BUYERS FOR HANDLING

DOCUMENTS RELATING TO THE SALE. A DOCUMENTARY FEE MAY NOT EXCEED

A REASONABLE AMOUNT AGREED TO BY THE PARTIES. THIS NOTICE IS

REQUIRED BY LAW."

(d) A retail seller shall post the documentary fee notice

prescribed in Subsection (c) so that it is clearly visible in

each place where a vehicle sale is finalized. If the language

primarily used in an oral sales presentation is not the same as

the language in which the retail installment contract is written,

the retail seller shall furnish to the retail buyer a written

statement containing the notice set out in Subsection (c)(3)(B)

in the language primarily used in the oral sales presentation.

(e) Prior to increasing the maximum amount of the documentary

fee the retail seller charges, a retail seller shall provide

written notice to the commissioner of the maximum amount of the

documentary fee the retail seller intends to charge. The

commissioner may review the amount of a documentary fee for

reasonableness. In determining whether a fee charged by a retail

seller is reasonable, the commissioner may consider the resources

required by the retail seller to perform the retail seller's

duties under state and federal law with respect to the handling

and processing of documents relating to the sale and financing of

a motor vehicle. If the commissioner determines that a

documentary fee charged is not reasonable, the commissioner may

require that the documentary fee charged be reduced or suspended.

(f) A documentary fee charged in accordance with this section

before September 1, 2009, is considered reasonable for purposes

of this section.

(g) This section does not:

(1) create a private right of action; or

(2) require that the commissioner approve a specific documentary

fee amount before a retail seller charges the fee.

(h) The finance commission may adopt rules, including rules

relating to the standards for a reasonableness determination or

disclosures, necessary to enforce this section. A rule adopted

under this subsection may not require a retail seller to submit

to the commissioner for prior approval the amount of a

documentary fee that the retail seller intends to charge under

this section.

(i) The commissioner has exclusive jurisdiction to enforce this

section.

(j) Subsections (d), (e), and (h) do not apply with respect to a

retail installment transaction for the purchase of a commercial

vehicle.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 800, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1327, Sec. 1, eff. September 1, 2009.

Sec. 348.007. APPLICABILITY OF CHAPTER. (a) Except as

otherwise provided by this section, each retail installment

transaction is subject to this chapter.

(a-1) A transaction in which a retail buyer purchases a towable

recreation vehicle from a retail seller other than principally

for the purpose of resale and agrees with the retail seller to

pay part or all of the cash price in one or more deferred

installments may be subject to this chapter instead of Chapter

345 at the option of the seller.

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 7

(a-2) A retail installment transaction in which a retail buyer

purchases a commercial vehicle is only subject to the following

provisions of this chapter:

(1) Subchapter A, unless expressly stated otherwise;

(2) Subchapter B, except Sections 348.102 and 348.123;

(3) Subchapter C, except Sections 348.204(b), 348.206, 348.209,

and 348.210;

(4) Subchapter D;

(5) Subchapter E, except Section 348.407; and

(6) Subchapter F, except Sections 348.504(a)(2), 348.514,

348.516, and 348.517.

Text of subsection as added by Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 2

(a-2) A retail installment transaction in which a retail buyer

purchases a commercial vehicle is only subject to the following

provisions of this chapter:

(1) Subchapter A, except Section 348.0091 or unless expressly

stated otherwise;

(2) Subchapter B, except Sections 348.102 and 348.123;

(3) Subchapter C, except Sections 348.204(b), 348.206, 348.209,

and 348.210;

(4) Subchapter D;

(5) Subchapter E, except Sections 348.404(d) and 348.407; and

(6) Subchapter F, except Sections 348.504(a)(2), 348.514,

348.516, and 348.517.

(b) This chapter does not affect or apply to a loan made or the

business of making loans under other law of this state and does

not affect a rule of law applicable to a retail installment sale

that is not a retail installment transaction.

(c) The provisions of this chapter defining specific rates and

amounts of charges and requiring certain credit disclosures to be

made control over any contrary law of this state respecting those

subjects.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1018, Sec. 2.20, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 7, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 2, eff. September 1, 2009.

Sec. 348.008. APPLICABILITY OF OTHER STATUTES TO RETAIL

INSTALLMENT TRANSACTION. (a) A loan or interest statute of this

state, other than Chapter 303, does not apply to a retail

installment transaction.

(b) Except as provided by this chapter, an applicable statute,

including Title 1, Business & Commerce Code, or a principle

of common law continues to apply to a retail installment

transaction unless it is displaced by this chapter.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.009. FEDERAL DISCLOSURE REQUIREMENTS APPLICABLE. (a)

The disclosure requirements of 12 C.F.R. Part 226 (Regulation Z)

adopted under the Truth in Lending Act (15 U.S.C. Section 1601 et

seq.) and specifically 12 C.F.R. Section 226.18(f), regarding

variable rate disclosures, apply according to their terms to

retail installment transactions.

(b) If a disclosure requirement of this chapter and one of a

federal law, including a regulation or an interpretation of law,

are inconsistent or conflict, federal law controls and the

inconsistent or conflicting disclosures required by this chapter

need not be given.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.0091. DISCLOSURE OF EQUITY IN TRADE-IN MOTOR VEHICLE.

(a) A retail seller may not accept a trade-in motor vehicle for

a motor vehicle sold under a retail installment contract unless

the retail seller provides to the retail buyer, before the buyer

signs the contract, a completed disclosure of trade-in equity

form prescribed by this section.

(b) The finance commission shall by rule adopt a standard form

for the disclosure of the equity in a retail buyer's trade-in

motor vehicle.

(c) The form adopted by the finance commission under Subsection

(b), at a minimum, must:

(1) contain:

(A) the name of the retail buyer;

(B) the name, address, and telephone number of the retail

seller;

(C) the make, model, year, and vehicle identification number of

the trade-in motor vehicle;

(D) the date of the retail installment transaction;

(E) the amount offered by the retail seller to the retail buyer

for the trade-in motor vehicle;

(F) the amount the retail buyer owes on the trade-in motor

vehicle as of the date of the retail installment transaction;

(G) a statement indicating whether the retail buyer's equity in

the trade-in motor vehicle is positive or negative;

(H) a disclosure containing substantially similar words to the

following: "If the EQUITY amount is NEGATIVE, the value the

retail seller is offering you for your trade-in motor vehicle is

less than what you currently owe on your trade-in. The amount of

negative equity may be further reduced by the amount of any cash

down payment and manufacturer's rebate and may be included in the

amount financed under your retail installment contract as an

itemized charge.";

(I) the cash price of the vehicle being purchased under the

retail installment transaction; and

(J) the amount financed under the retail installment contract;

(2) include a space for the signature of both the retail seller

and retail buyer and the printed name of the retail seller; and

(3) be signed and dated by the retail seller and retail buyer.

(d) The retail seller is solely responsible for the content and

delivery of the disclosure form required by Subsection (a). An

assignee of a retail installment contract may not be held

responsible for a retail seller's failure to comply with the

requirements of this section.

(e) This section does not create a private right of action. The

commissioner has exclusive jurisdiction to enforce this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 3, eff. September 1, 2009.

Sec. 348.010. ADDITIONAL INFORMATION ALLOWED IN CONTRACT.

Information not required by this chapter may be included in a

retail installment contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.011. ORDER OF ITEMS IN CONTRACT. Items required by

this chapter to be in a retail installment contract are not

required to be stated in the order set forth in this chapter.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.012. APPLICABILITY OF INSURANCE PREMIUM FINANCING

PROVISIONS. Chapter 651, Insurance Code, does not apply to a

retail installment transaction.

Added by Acts 2001, 77th Leg., ch. 1235, Sec. 17, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

728, Sec. 11.117, eff. September 1, 2005.

Sec. 348.013. CONDITIONAL DELIVERY AGREEMENT. (a) In this

section, "conditional delivery agreement" means a contract

between a retail seller and prospective retail buyer under the

terms of which the retail seller allows the prospective retail

buyer the use and benefit of a motor vehicle for a specified

term.

(b) Subject to this section, a retail seller and prospective

retail buyer may enter into a conditional delivery agreement.

(c) A conditional delivery agreement is:

(1) an enforceable contract; and

(2) void on the execution of a retail installment contract

between the parties of the conditional delivery agreement for the

sale of the motor vehicle that is the subject of the conditional

delivery agreement.

(d) A conditional delivery agreement may only confer rights

consistent with this section and may not confer any legal or

equitable rights of ownership, including ownership of the motor

vehicle that is the subject of the conditional delivery

agreement.

(e) A conditional delivery agreement may not exceed a term of 15

days.

(f) If a prospective retail buyer tenders to a retail seller a

trade-in motor vehicle in connection with a conditional delivery

agreement:

(1) the parties must agree on the value of the trade-in motor

vehicle;

(2) the conditional delivery agreement must contain the agreed

value of the trade-in motor vehicle described by Subdivision (1);

and

(3) the retail seller must use reasonable care to conserve the

trade-in motor vehicle while the vehicle is in the retail

seller's possession.

(g) If the parties to a conditional delivery agreement do not

subsequently enter into a retail installment contract for the

sale of the motor vehicle that is the subject of the conditional

delivery agreement, the retail seller shall, not later than the

seventh day after termination of the conditional delivery

agreement:

(1) deliver to the prospective retail buyer any trade-in motor

vehicle that the prospective retail buyer tendered in connection

with the conditional delivery agreement in the same or

substantially the same condition as it was at the time of

execution of the agreement and shall return any down payment or

other consideration received from the prospective retail buyer in

connection with the agreement; or

(2) if the trade-in motor vehicle cannot be returned in the same

or substantially the same condition as it was at the time of

execution of the conditional delivery agreement, deliver to the

prospective retail buyer a sum of money equal to the agreed value

of the trade-in motor vehicle as described by Subsection (f) and

shall return any down payment or other consideration described by

Subdivision (1).

(h) Any money that a retail seller is obligated to provide a

prospective retail buyer under Subsection (g) must be tendered at

the same time that the trade-in motor vehicle is delivered for

return to the prospective retail buyer or when the trade-in motor

vehicle would have been delivered if the vehicle was damaged or

could not be returned.

(i) If a prospective retail buyer returns a motor vehicle under

a conditional delivery agreement at the request of the retail

seller, the retail seller, notwithstanding the period prescribed

by Subsection (g), must return the trade-in vehicle at the same

time that the motor vehicle under the conditional delivery

agreement is returned by the prospective retail buyer.

(j) The prospective retail buyer shall return the motor vehicle

received under the conditional delivery agreement in the same or

substantially the same condition as it was at the time of the

execution of the conditional delivery agreement.

(k) An amount paid or required to be paid by the retail seller

under Subsection (g) is subject to review by the commissioner.

If the commissioner determines that the retail seller in fact

owes the prospective retail buyer a certain amount under

Subsection (g), the commissioner may order the retail seller to

pay the amount to the prospective retail buyer. If the trade-in

motor vehicle is not returned by the retail seller in accordance

with this section and the retail seller does not pay the

prospective retail buyer an amount equal to the agreed value of

the trade-in motor vehicle within the period prescribed by this

section, the commissioner may assess an administrative penalty

against the retail seller in an amount that is reasonable in

relation to the value of the trade-in motor vehicle. The

commissioner shall provide notice to the retail seller and the

prospective retail buyer of the commissioner's determination

under this subsection.

(l) Not later than the 30th day after the date the parties

receive notice of the commissioner's determination under

Subsection (k), the retail seller or prospective retail buyer may

file with the commissioner an appeal of the commissioner's

determination requesting a time and place for a hearing before a

hearings officer designated by the commissioner. A hearing under

this subsection is governed by Chapter 2001, Government Code.

After the hearing, based on the findings of fact, conclusions of

law, and recommendations of the hearings officer, the

commissioner shall enter a final order.

(m) A person who requests an appeal under Subsection (l) is

required to pay a deposit to secure the payment of the costs of

the hearing in a reasonable amount as determined by the

commissioner, unless the person cannot afford to pay the deposit

and files an affidavit to that effect with the hearings officer

in the form and content prescribed by finance commission rule.

The entire deposit must be refunded to the person if the person

prevails in the hearing. If the person does not prevail, any

portion of the deposit in excess of the costs of the hearing

assessed against the person is refundable.

(n) Notice of the commissioner's final order under Subsection

(l), given to the person in accordance with Section 2001,

Government Code, must include a statement of the person's right

to judicial review of the order.

(o) The hearings officer may order the retail seller or the

prospective retail buyer, or both, to pay reasonable expenses

incurred by the commissioner in connection with obtaining a final

order under Subsection (l), including attorney's fees,

investigative costs, and witness fees.

(p) This section does not:

(1) apply to a bailment agreement under Section 348.002; or

(2) create a private right of action.

(q) Except as otherwise provided by this section, the

commissioner has exclusive jurisdiction to enforce this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

683, Sec. 1, eff. September 1, 2009.

SUBCHAPTER B. RETAIL INSTALLMENT CONTRACT

Sec. 348.101. RETAIL INSTALLMENT CONTRACT GENERAL REQUIREMENTS.

(a) A retail installment contract is required for each retail

installment transaction. A retail installment contract may be

more than one document.

(b) A retail installment contract must be:

(1) in writing;

(2) dated;

(3) signed by the retail buyer and retail seller; and

(4) completed as to all essential provisions before it is signed

by the retail buyer except as provided by Subsection (d).

(c) The printed part of a retail installment contract, other

than instructions for completion, must be in at least eight-point

type unless a different size of type is required under this

subchapter.

(d) If the motor vehicle is not delivered when the retail

installment contract is executed, the following information may

be inserted after the contract is executed:

(1) the identifying numbers or marks of the vehicle or similar

information; and

(2) the due date of the first installment.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.1015. CONTRACT CONDITIONED ON SUBSEQUENT ASSIGNMENT

PROHIBITED. (a) A retail installment contract may not be

conditioned on the subsequent assignment of the contract to a

holder.

(b) A provision in violation of this section is void. This

subsection does not affect the validity of other provisions of

the contract that may be given effect without the voided

provision, and to that extent those provisions are severable.

(c) This section does not create a private right of action.

(d) The commissioner has exclusive jurisdiction to enforce this

section.

Added by Acts 2009, 81st Leg., R.S., Ch.

683, Sec. 2, eff. September 1, 2009.

Sec. 348.102. CONTENTS OF CONTRACT. (a) A retail installment

contract must contain:

(1) the name of the retail seller and the name of the retail

buyer;

(2) the place of business or address of the retail seller;

(3) the residence or other address of the retail buyer as

specified by the retail buyer;

(4) a description of the motor vehicle being sold;

(5) the cash price of the retail installment transaction;

(6) the amount of any down payment by the retail buyer,

specifying the amounts paid in money and in goods traded in; and

(7) each itemized charge.

(b) A charge for insurance, a service contract, or a warranty

authorized by Subchapter C may be disclosed as provided by that

subchapter.

(c) A retail installment contract that provides for a variable

contract rate must set out the method by which the rate is

computed.

(d) The contract must contain substantially the following notice

in at least 10-point type that is bold-faced, capitalized, or

underlined or otherwise conspicuously set out from the

surrounding written material:

"NOTICE TO THE BUYER--DO NOT SIGN THIS CONTRACT BEFORE YOU READ

IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO A COPY

OF THE CONTRACT YOU SIGN. UNDER THE LAW YOU HAVE THE RIGHT TO PAY

OFF IN ADVANCE THE FULL AMOUNT DUE AND UNDER CERTAIN CONDITIONS

MAY OBTAIN A PARTIAL REFUND OF THE FINANCE CHARGE. KEEP THIS

CONTRACT TO PROTECT YOUR LEGAL RIGHTS."

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 8, eff. September 1, 2009.

Sec. 348.103. TIME PRICE DIFFERENTIAL FOR RETAIL INSTALLMENT

CONTRACT. A retail installment contract may provide for:

(1) any amount of time price differential permitted under

Section 348.104, 348.105, or 348.106; or

(2) any rate of time price differential not exceeding a yield

permitted under Section 348.104, 348.105, or 348.106.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.104. TIME PRICE DIFFERENTIAL FOR CONTRACT WITH EQUAL

MONTHLY SUCCESSIVE PAYMENTS. (a) A retail installment contract

that is payable in substantially equal successive monthly

installments beginning one month after the date of the contract

may provide for a time price differential that does not exceed:

(1) the add-on charge provided by this section; or

(2) $25 if the add-on charge under Subdivision (1) is less than

$25.

(b) The add-on charge is $7.50 per $100 per year on the

principal balance for a new motor vehicle, other than a heavy

commercial vehicle, designated by the manufacturer by a model

year that is not earlier than the year in which the sale is made.

(c) The add-on charge is $10 per $100 per year on the principal

balance for:

(1) a new motor vehicle not covered by Subsection (b);

(2) a used motor vehicle designated by the manufacturer by a

model year that is not more than two years before the year in

which the sale is made; or

(3) a new or used heavy commercial vehicle designated by the

manufacturer by a model year that is not more than two years

before the year in which the sale is made.

(d) The add-on charge is $12.50 per $100 per year on the

principal balance for a used motor vehicle not covered by

Subsection (c) that is a motor vehicle designated by the

manufacturer by a model year that is not more than four years

before the year in which the sale is made.

(e) For a used motor vehicle not covered by Subsection (c) or

(d), the add-on charge is:

(1) $15 per $100 per year on the principal balance; or

(2) $18 per $100 per year on the principal balance if the

principal balance under the retail installment contract does not

exceed $300.

(f) The time price differential is computed on the original

principal balance under the retail installment contract from the

date of the contract until the maturity of the final installment,

notwithstanding that the balance is payable in installments.

(g) If the retail installment contract is payable for a period

that is shorter or longer than a year or is for an amount that is

less or greater than $100, the amount of the maximum time price

differential computed under this section is decreased or

increased proportionately.

(h) For the purpose of a computation under this section, 16 or

more days of a month may be considered a full month.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

676, Sec. 5, eff. September 1, 2009.

Sec. 348.105. USE OF OPTIONAL CEILING. As an alternative to the

maximum rate or amount authorized for a time price differential

under Section 348.104 or 348.106, a retail installment contract

may provide for a rate or amount of time price differential that

does not exceed the rate or amount authorized by Chapter 303.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.106. TIME PRICE DIFFERENTIAL FOR OTHER CONTRACTS. A

retail installment contract that is payable other than in

substantially equal successive monthly installments or the first

installment of which is not payable one month from the date of

the contract may provide for a time price differential that does

not exceed an amount that, having due regard for the schedule of

payments, provides the same effective return as if the contract

were payable in substantially equal successive monthly

installments beginning one month from the date of the contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.107. CHARGE FOR DEFAULT IN PAYMENT OF INSTALLMENT. (a)

A retail installment contract may provide that if an installment

remains unpaid after the 10th day after the maturity of the

installment for a heavy commercial vehicle or after the 15th day

after the maturity of the installment for any other motor vehicle

the holder may collect:

(1) a delinquency charge that does not exceed five percent of

the amount of the installment; or

(2) interest on the amount of the installment accruing after the

maturity of the installment and until the installment is paid in

full at a rate that does not exceed the maximum rate authorized

for the contract.

(b) A retail installment contract that provides for the accrual

earnings method may provide for the delinquency charge authorized

by Subsection (a)(1), the interest authorized by Subsection

(a)(2), or both.

(c) Only one delinquency charge may be collected on an

installment under this section regardless of the duration of the

default.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 2001, 77th Leg., ch. 1077, Sec. 1, eff. Sept. 1,

2001.

Sec. 348.108. CHARGES FOR COLLECTING DEBT. A retail installment

contract may provide for the payment of:

(1) reasonable attorney's fees if the contract is referred for

collection to an attorney who is not a salaried employee of the

holder;

(2) court costs and disbursements; and

(3) reasonable out-of-pocket expenses incurred in connection

with the repossession or sequestration of the motor vehicle

securing the payment of the contract or foreclosure of a security

interest in the vehicle, including the costs of storing,

reconditioning, and reselling the vehicle, subject to the

standards of good faith and commercial reasonableness set by

Title 1, Business & Commerce Code.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.109. ACCELERATION OF DEBT MATURITY. A retail

installment contract may not authorize the holder to accelerate

the maturity of all or a part of the amount owed under the

contract unless:

(1) the retail buyer is in default in the performance of any of

the buyer's obligations;

(2) the holder believes in good faith that the prospect of

buyer's payment or performance is impaired; or

(3) if the retail installment contract is for a commercial

vehicle, the retail buyer or an affiliate of the retail buyer is

in default in its obligations under another financing agreement

or leasing agreement held by the same holder or an affiliate of

the holder.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

238, Sec. 9, eff. September 1, 2009.

Sec. 348.110. DELIVERY OF COPY OF CONTRACT. A retail seller

shall:

(1) deliver to the retail buyer a copy of the retail installment

contract as accepted by the retail seller; or

(2) mail to the retail buyer at the address shown on the retail

installment contract a copy of the retail installment contract as

accepted by the retail seller.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.111. BUYER'S RIGHT TO RESCIND CONTRACT. Until the

retail seller complies with Section 348.110, a retail buyer who

has not received delivery of the motor vehicle is entitled to:

(1) rescind the contract;

(2) receive a refund of all payments made under or in

contemplation of the contract; and

(3) receive the return of all goods traded in to the retail

seller under or in contemplation of the contract or, if those

goods cannot be returned, to receive the value of those goods.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.112. BUYER'S ACKNOWLEDGMENT OF DELIVERY OF CONTRACT

COPY. (a) Any retail buyer's acknowledgment of delivery of a

copy of the retail installment contract must:

(1) be in at least 10-point type that is bold-faced,

capitalized, or underlined or otherwise conspicuously set out

from the surrounding written material; and

(2) appear directly above the buyer's signature.

(b) Any retail buyer's acknowledgment conforming to this section

of delivery of a copy of the retail installment contract is, in

an action or proceeding by or against a holder of the contract

who was without knowledge to the contrary when the holder

purchased it, conclusive proof:

(1) that the copy was delivered to the buyer;

(2) that the contract did not contain a blank space that was

required to have been completed under this chapter when the

contract was signed by the buyer; and

(3) of compliance with Sections 348.009, 348.101, 348.102,

348.123, 348.205, 348.405, 348.406, and 348.408.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.113. AMENDMENT OF RETAIL INSTALLMENT CONTRACT. On

request by a retail buyer, the holder may agree to one or more

amendments to the retail installment contract to:

(1) extend or defer the scheduled due date of all or a part of

one or more installments; or

(2) renew, restate, or reschedule the unpaid balance under the

contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.114. CHARGES FOR DEFERRING INSTALLMENT. (a) If a

retail installment contract is amended to defer all or a part of

one or more installments for not longer than three months, the

holder may collect from the retail buyer:

(1) an amount computed on the amount deferred for the period of

deferment at a rate that does not exceed the effective return for

time price differential permitted for a monthly payment retail

installment contract; and

(2) the amount of the additional cost to the holder for:

(A) premiums for continuing in force any insurance coverages

provided for by the contract; and

(B) any additional necessary official fees.

(b) The minimum charge under Subsection (a)(1) is $1.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.115. CHARGE FOR OTHER AMENDMENT. (a) If the unpaid

balance of a retail installment contract is extended, renewed,

restated, or rescheduled under this subchapter and Section

348.114 does not apply, the holder may collect an amount computed

on the principal balance of the amended contract for the term of

the amended contract at the time price differential for a retail

installment contract that is applicable after reclassifying the

motor vehicle by its model year at the time of the amendment.

(b) The principal balance of the amended contract is computed

by:

(1) adding:

(A) the unpaid balance as of the date of amendment;

(B) the cost of any insurance incidental to the amendment;

(C) the amount of each additional necessary official fee; and

(D) the amount of each accrued delinquency or collection charge;

and

(2) subtracting from the total computed under Subdivision (1) an

amount equal to the prepayment refund credit required by Section

348.120 or 348.121, as applicable.

(c) The provisions of this chapter relating to minimum charges

under Section 348.104 and acquisition costs under the refund

schedule under Section 348.120 do not apply in computing the

principal balance of the amended contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.116. CONFIRMATION OF AMENDMENT. An amendment to a

retail installment contract must be confirmed in a writing signed

by the retail buyer. The holder shall:

(1) deliver a copy of the confirmation to the buyer; or

(2) mail a copy of the confirmation to the buyer at the buyer's

most recent address shown on the records of the holder.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.117. CONTRACT AFTER AMENDMENT. After amendment the

retail installment contract is the original contract and each

amendment to the original contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.118. PREPAYMENT OF CONTRACT. A retail buyer may prepay

a retail installment contract in full at any time before

maturity. This section prevails over a conflicting provision of

the contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.119. REFUND CREDIT ON PREPAYMENT. If a retail buyer

prepays a retail installment contract in full or if the holder of

the contract demands payment of the unpaid balance of the

contract in full before the contract's final installment is due,

the buyer is entitled to receive a refund credit as provided by

Section 348.120 or 348.121, as applicable.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.120. AMOUNT OF REFUND CREDIT FOR MONTHLY INSTALLMENT

CONTRACT. (a) This section applies only to a refund credit on

the prepayment of a retail installment contract that is payable

in substantially equal successive monthly installments beginning

one month after the date of the contract.

(b) On a contract for a motor vehicle other than a heavy

commercial vehicle the minimum amount of the refund credit is

computed by:

(1) subtracting an acquisition cost of $25 from the original

time price differential; and

(2) multiplying the amount computed under Subdivision (1) by the

percentage of refund computed under Subsection (d).

(c) On a contract for a heavy commercial vehicle the minimum

amount of the refund credit is computed by:

(1) multiplying the amount of the original time price

differential by the percentage of refund computed under

Subsection (d); and

(2) subtracting an acquisition cost of $150 from the amount

computed under Subdivision (1).

(d) The percentage of refund is computed by:

(1) computing the sum of all of the monthly balances under the

contract's schedule of payments; and

(2) dividing the amount computed under Subdivision (1) into the

sum of the unpaid monthly balances under the contract's schedule

of payments beginning:

(A) on the first day, after the date of the prepayment or demand

for payment in full, that is the date of a month that corresponds

to the date of the month that the first installment is due under

the contract; or

(B) if the prepayment or demand for payment in full is made

before the first installment date under the contract, one month

after the next monthly anniversary date of the contract occurring

after the prepayment or demand.

(e) A refund credit is not required if the amount of the refund

credit is less than $1.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.121. AMOUNT OF REFUND CREDIT FOR OTHER CONTRACTS. The

minimum amount of the refund credit on a retail installment

contract to which Section 348.120 does not apply shall be

computed in a manner proportionate to the method set out by that

section for the type of motor vehicle being sold, having due

regard for:

(1) the amount of each installment;

(2) the irregularity of the installment periods; and

(3) the requirements of Sections 348.104(f) and 348.106.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.122. REINSTATEMENT OF CONTRACT AFTER DEMAND FOR

PAYMENT. After a demand for payment in full under a retail

installment contract, the retail buyer and holder of the contract

may:

(1) agree to reinstate the contract; and

(2) amend the contract as provided by Section 348.113.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.123. REFINANCING OF LARGE INSTALLMENT. (a) If a

scheduled installment of a retail installment contract is more

than an amount equal to twice the average of all installments

scheduled before that installment, other than the down payment,

the retail buyer is entitled to refinance that installment:

(1) when the installment is due;

(2) without an acquisition cost;

(3) in installments that are not greater or more frequent than

the average amount and frequency of installments preceding that

installment; and

(4) at a rate of time price differential that does not exceed

the rate applicable to the original contract.

(b) This section does not apply to:

(1) a lease;

(2) a retail installment transaction for a vehicle that is to be

used primarily for a purpose other than personal, family, or

household use;

(3) a transaction for which the payment schedule is adjusted to

the seasonal or irregular income or scheduled payments or

obligations of the buyer;

(4) a transaction of a type that the commissioner determines

does not require the protection for the buyer provided by this

section; or

(5) a retail installment transaction in which:

(A) the seller is a franchised dealer licensed under Chapter

2301, Occupations Code; and

(B) the buyer is entitled, at the end of the term of the retail

installment contract, to choose one of the following:

(i) sell the vehicle back to the holder according to a written

agreement:

(a) entered into between the buyer and holder concurrently with

or as a part of the transaction; and

(b) under which the buyer will be released from liability or

obligation for the final scheduled payment under the contract on

compliance with the agreement;

(ii) pay the final scheduled payment under the contract; or

(iii) if the buyer is not in default under the contract,

refinance the final scheduled payment with the holder for

repayment in not fewer than 24 equal monthly installments or on

other terms agreed to by the buyer and holder at the time of

refinancing and at a rate of time price differential not to

exceed the lesser of:

(a) a rate equal to the maximum rate authorized under this

subchapter; or

(b) an annual percentage rate of five percent a year more than

the annual percentage rate of the original contract.

(c) A retail installment contract under Subsection (b)(5) must

disclose that any refinancing may be for any period and payment

schedule to which the buyer and holder agree.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.22(a), eff. Sept.

1, 1999; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.774, eff. Sept.

1, 2003.

Sec. 348.124. DEBT CANCELLATION AGREEMENTS. (a) In connection

with a retail installment transaction under this chapter, a

retail seller may offer to the retail buyer a debt cancellation

agreement. The retail seller may not require that the purchase

of a debt cancellation agreement by the retail buyer be made in

order to enter into a retail installment transaction.

(b) A debt cancellation agreement is not considered an insurance

product.

(c) The amount charged for a debt cancellation agreement made in

connection with a retail installment contract must be reasonable.

(d) In addition to other disclosures required by state or

federal law, the retail seller shall provide to the retail buyer

a separate notice in connection with the retail installment

contract stating that the retail buyer is not required to accept

or provide a debt cancellation agreement in order to purchase the

motor vehicle under a retail installment contract.

Added by Acts 2009, 81st Leg., R.S., Ch.

149, Sec. 3, eff. September 1, 2009.

SUBCHAPTER C. INSURANCE

Sec. 348.201. PROPERTY INSURANCE. (a) A holder may request or

require a retail buyer to insure the motor vehicle purchased

under a retail installment transaction and accessories and

related goods subject to the holder's security interest.

(b) The insurance and the premiums or charges for the insurance

must bear a reasonable relationship to:

(1) the amount, term, and conditions of the retail installment

contract; and

(2) the existing hazards or risk of loss, damage, or

destruction.

(c) The insurance may not:

(1) cover unusual or exceptional risks; or

(2) provide coverage not ordinarily included in policies issued

to the public.

(d) The holder may include the cost of insurance provided under

this section as a separate charge in the contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.202. CREDIT LIFE AND CREDIT HEALTH AND ACCIDENT

INSURANCE. (a) As additional protection for the contract, a

holder may request or require a retail buyer to provide credit

life insurance and credit health and accident insurance.

(b) As additional protection for the contract, a seller may

offer involuntary unemployment insurance to the buyer at the time

the contract is executed.

(c) A holder may include the cost of insurance provided under

Subsection (a) or (b), and a policy or agent fee charged in

connection with insurance provided under Subsection (a) or (b),

as a separate charge in the contract.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 1107, Sec. 1, eff. June 18,

1999; Acts 2001, 77th Leg., ch. 409, Sec. 1, eff. Sept. 1, 2001.

Sec. 348.203. MAXIMUM AMOUNT OF CREDIT LIFE AND CREDIT HEALTH

AND ACCIDENT COVERAGE. (a) At any time the total amount of the

policies of credit life insurance in force on one retail buyer on

one retail installment contract may not exceed:

(1) the total amount repayable under the contract; and

(2) the greater of the scheduled or actual amount of unpaid

indebtedness if the indebtedness is repayable in substantially

equal installments.

(b) At any time the total amount of the policies of credit

health and accident insurance in force on one retail buyer on one

retail installment contract may not exceed the total amount

payable under the contract, and the amount of each periodic

indemnity payment may not exceed the scheduled periodic payment

on the indebtedness.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.204. INSURANCE STATEMENT. (a) If insurance is

required in connection with a retail installment contract, the

holder shall give to the retail buyer a written statement that

clearly and conspicuously states that:

(1) insurance is required in connection with the contract; and

(2) the buyer as an option may furnish the required insurance

through:

(A) an existing policy of insurance owned or controlled by the

buyer; or

(B) an insurance policy obtained through an insurance company

authorized to do business in this state.

(b) If requested or required insurance is sold or obtained by

the holder and the retail installment contract includes a premium

or rate of charge for the insurance that is not fixed or approved

by the commissioner of insurance, the holder shall deliver or

mail to the retail buyer a written statement that includes that

fact.

(c) A statement under Subsection (a) or (b) may be provided with

or as part of the retail installment contract or separately.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.205. STATEMENT IF LIABILITY INSURANCE NOT INCLUDED IN

CONTRACT. If liability insurance coverage for bodily injury and

property damage caused to others is not included in a retail

installment contract, the retail installment contract or a

separate writing must contain, in at least 10-point type that is

bold-faced, capitalized, underlined, or otherwise conspicuously

set out from the surrounding written material, a specific

statement that liability insurance coverage for bodily injury and

property damage caused to others is not included.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.206. INSURANCE MAY BE FURNISHED BY BUYER. (a) If

insurance is requested or required in connection with a retail

installment contract and the retail installment contract includes

a premium or rate of charge that is not fixed or approved by the

commissioner of insurance, the retail buyer is entitled to

furnish the insurance coverage not later than the 10th day after

the date of the contract or the delivery or mailing of the

written statement required under Section 348.204, as appropriate,

through:

(1) an existing insurance policy owned or controlled by the

buyer; or

(2) an insurance policy obtained from an insurance company

authorized to do business in this state.

(b) When a retail installment contract is executed, the retail

buyer is entitled to purchase the insurance described by Section

348.210 and select:

(1) the agent or broker; and

(2) an insurance company acceptable to the holder.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.207. BUYER'S FAILURE TO PROVIDE EVIDENCE OF INSURANCE.

(a) If a retail buyer fails to present to the holder reasonable

evidence that the buyer has obtained or maintained a coverage

required by the retail installment contract, the holder may:

(1) obtain substitute insurance coverage that is substantially

equal to or more limited than the coverage required; and

(2) add the amount of the premium advanced for the substitute

insurance to the unpaid balance of the contract.

(b) Substitute insurance coverage under Subsection (a)(1):

(1) may at the holder's option be limited to coverage only of

the interest of the holder or the interest of the holder and the

buyer; and

(2) must be written at lawful rates in accordance with the

Insurance Code by a company authorized to do business in this

state.

(c) If substitute insurance is obtained by the holder under

Subsection (a), the amendment adding the premium or rescheduling

the contract is not required to be signed by the retail buyer.

The holder shall deliver to the buyer or send to the buyer's most

recent address shown on the records of the holder specific

written notice that the holder has obtained substitute insurance.

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Sec. 348.208. CHARGES FOR OTHER INSURANCE AND FORMS OF

PROTECTION INCLUDED IN RETAIL INSTALLMENT CONTRACT. (a) A

retail buyer and retail seller may agree in a retail installment

contract to include a charge for insurance coverage that is:

(1) for a risk of loss or liability reasonably related to:

(A) the motor vehicle;

(B) the use of the motor vehicle; or

(C) goods or services that:

(i) are related to the motor vehicle; and

(ii) may ordinarily be insured with a motor vehicle;

(2) written on policies or endorsement forms prescribed or

approved by the commissioner of insurance; and

(3) ordinarily available in policies or endorsements offered to

the public.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

36, Sec. 1

(b) A retail installment contract may include as a separate

charge an amount for:

(1) motor vehicle property damage or bodily injury liability

insurance;

(2) mechanical breakdown insurance;

(3) participation in a motor vehicle theft protection plan;

(4) insurance to reimburse the retail buyer for the amount

computed by subtracting the proceeds of the buyer's basic

collision policy on the motor vehicle from the amount owed

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