Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 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, including a guaranteed asset protection waiver or similarly named agreement. If the retail installment transaction requires insurance coverage as part of the retail buyer's responsibility to the holder, the debt cancellation agreement, guaranteed asset protection waiver, or similarly named agreement must be offered under Chapter 354. 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.Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 183,Sec. 4, eff. 9/1/2017.Amended By Acts 2011, 82nd Leg., R.S., Ch. 1034, Sec. 1, eff. 9/1/2011.