Texas Administrative Code

(a) Online approval process. The department may approve an endorsement for an online driver education course exclusively for adults to be offered if the course meets the following requirements. (1) Application. The applicant for an online driver education provider license must su…

(a) In attempting to collect money due on a motor vehicle retail installment sales contract or to take possession of any property securing a motor vehicle installment sales contract, a licensee or the licensee's agent must not use any means other than appeals to reason or lawful …

This section contains requirements for traditional classroom driving safety courses. For each course, the following curriculum documents and materials are required to be submitted as part of the application for approval. Courses of instruction must not be approved that contain la…

(a) A licensee or the licensee's agent has the right to contact any person in order to secure information concerning a retail buyer, unless any person other than the retail buyer, the retail buyer's spouse, a member of the retail buyer's household, a co-buyer, endorser, surety, o…

(a) The driving safety provider may offer a course by alternative delivery method (ADM) that meets the following requirements: (1) Standards for acceptance. The department may accept an ADM offered by a driving safety provider for an approved driving safety course if the ADM deli…

(a) If the curriculum and all materials meet or exceed the applicable minimum standards set forth in the Code, the department will approve the course. No more than 720 minutes of the required hours of classroom instruction delivered via multimedia may be counted. (b) Notification…

(a) A parent-taught driver education provider may be revoked upon finding that the course does not meet the standards required under §1001.112 or §1001.2043(a) of the Code. (b) Prior to revocation, the department will allow the parent-taught driver education provider ninety (90) …

(a) Application for driving safety provider license. An application for a driving safety provider license must be made on forms prescribed by the department, and be accompanied by the appropriate fee. A license application is valid for one year from the date it is filed with the …

(a) To be approved under this subchapter, a driver education plan must include one or more of the following course programs. (1) Core program. This program must consist of a minimum of 24 hours of classroom instruction; seven hours of behind-the-wheel instruction in the presence …

Words and terms used in this chapter that are defined in Texas Finance Code, Chapter 348, have the same meanings as defined in Chapter 348. The following words and terms, when used in this chapter, will have the following meanings, unless the context clearly indicates otherwise. …

(a) Unused DE-964s must not be transferred to another school without written approval by the department. (b) The DE-964 document is a government record as defined under Texas Penal Code, §37.01(2). Any misrepresentation by the applicant or person issuing the form as to the prereq…

An application for issuance of a new motor vehicle sales finance license issued under Texas Finance Code, Chapter 348 or 353 must be submitted in a format prescribed by the commissioner at the date of filing and in accordance with the commissioner's instructions. The commissioner…

(a) A licensee may conduct Texas Finance Code, Chapter 348 transactions at different locations or under additional assumed names at a single location by filing notice of a new registered office and paying the applicable fee. (b) Notice of a new registered office must be filed bef…

(a) Purpose. This section describes the license application requirements when a licensed entity transfers its license or ownership of the entity. If a transfer of ownership occurs, the transferee must submit either a license transfer application or a new license application on tr…

(a) Organizational form. When any licensee or parent of a licensee desires to change the organizational form of its business (e.g., from proprietorship to corporation; or from corporation to limited partnership), the licensee must advise the commissioner in writing of the change …

Upon request, each applicant must provide information supplemental to that contained in the applicant's original application documents.

(a) Applicant's updates to license application information. Before a license application is approved, an applicant must report to the OCCC any information that would require a materially different answer than that given in the original license application and that relates to the …

(a) Initial review. A response to an incomplete application will ordinarily be made within 14 calendar days of receipt stating that the application is incomplete and specifying the information required for acceptance. (b) Complete application. An application is complete when: (1)…

(a) Relocation of licensed location. A licensee may move a licensed location to any other location by paying the appropriate fees and giving notice of intended relocation to the commissioner not less than 10 calendar days prior to the anticipated moving date. (b) Relocation of re…

(a) Driving safety providers must be located, or maintain a registered agent, in the State of Texas. A registered agent's address must not be used for a driving safety provider's physical or mailing address. (b) Each provider must: (1) maintain a current mailing address with the …

(a) Inactivation of active license. A licensee may cease operating under a motor vehicle sales finance license and choose to inactivate the license. A license may be inactivated by giving notice of the cessation of operations not less than 10 calendar days prior to the anticipate…

(a) New licenses. (1) Investigation fees. A $200 nonrefundable investigation fee is assessed each time an application for a new license is filed. (2) Registered office fees. The fee for each registered office is $25. (b) License transfers. An applicant must pay a nonrefundable in…

Effective date. The effective date of the statutory licensing requirement is September 1, 2002. After September 1, 2002, a motor vehicle seller may not engage in any retail installment sales transaction without a motor vehicle sales finance license granted under this title. Any m…

(a) Criminal history record information. After an applicant submits a complete license application, including all required fingerprints, and pays the fees required by §84.611 of this title (relating to Fees), the OCCC will investigate the applicant and its principal parties. The …

Once a license application or notice is filed with the OCCC, it becomes a "state record" under Texas Government Code, §441.180(11), and "public information" under Government Code, §552.002. In response to a public information request, to the extent permitted by Government Code, C…

If a licensed location or registered office is open to the general public, then the licensee must prominently display the license in the location or office, in a conspicuous location visible to the general public. This requirement does not apply to a location or office that is no…

(a) License term and renewal. A new license is effective from the date of its issuance until December 31. A license must be renewed annually to remain effective. After renewal, a license is effective for a term of one year, from January 1 to December 31. (b) Due date for annual a…

(a) For purposes of this section, the term "certificate" refers to uniform certificates of course completion issued by the department to driving safety providers in paper format, and certificate numbers issued to driving safety providers for inclusion on department-approved drivi…

(a) Under Texas Finance Code, Subtitle B, Chapter 348, each licensee must comply with Texas Finance Code, §341.403. A licensee may not, in any manner, advertise or cause to be advertised a false, misleading, or deceptive statement or representation relating to a rate, term, or co…

One purpose of examinations by the OCCC is to determine the level of compliance with the law by the licensee. If the examination reveals a pattern or practice that appears to be a systemic violation of the law, the commissioner or the commissioner's representative may direct the …

(a) Any amount due a retail buyer because of a correction of an error or a violation may be credited to an amount due under the motor vehicle retail installment sales contract or to the next payment or payments on the existing account of the retail buyer. If the credit is applied…

(a) Escheat suspense account. The licensee must transfer any amounts due a retail buyer not paid within one year (i.e., unclaimed funds) to an escheat suspense account. The transfer must be noted on the account record of the retail buyer. (b) Required information. Evidence of a b…

If a follow-up examination visit is required within nine months after a written deficiency report has been given as a result of a failure to comply with Texas Finance Code, Chapter 348, this chapter, or the special instruction section of the examination report, an examination fee…

(a) Applicability. The recordkeeping requirements of this section apply to retail sellers that immediately assign or transfer all retail installment sales contracts to another authorized creditor. If a retail seller collects any installments, excluding downpayments, on a retail i…

(a) Applicability. The recordkeeping requirements of this section apply to retail sellers that service or collect installments on retail installment sales contracts involving ordinary vehicles. The recordkeeping requirements of this section do not apply to motor vehicle retail in…

(a) Applicability. The recordkeeping requirements of this section apply to holders who are not retail sellers that service or collect installments on retail installment sales contracts involving ordinary vehicles. The recordkeeping requirements of this section do not apply to mot…

(a) Generally. Each licensee must file an annual report with the OCCC. The annual report is due June 30 of each year for the prior calendar year's transaction activity. The licensee must provide the annual report in a format prescribed by the OCCC and in accordance with the OCCC'…

(a) A licensed driver training provider must not conduct business or advertise under a name that is not distinguishable from a name used by any other licensed driver training provider, or tax-supported educational establishment in this state, unless specifically approved in writi…

(a) Purpose. (1) Model provisions applicable to ordinary vehicles. The purpose of this subchapter is to provide model provisions and a model plain language contract in English for Texas Finance Code, Chapter 348 motor vehicle installment sales contract provisions for ordinary veh…

(a) Non-standard contracts. A non-standard contract is a contract that uses clauses other than the model contract provisions. Before a licensee uses a non-standard contract, the contract must be submitted to the OCCC for review under Texas Finance Code, §341.502(c). A non-standar…

(a) Applicability of federal law. The disclosure requirements of the Truth in Lending Act, 15 U.S.C. §§1601 - 1667f, and its implementing regulation, Regulation Z, 12 C.F.R. Parts 226 and 1026, and specifically 12 C.F.R. §226.18(f) and §1026.18(f), regarding variable rate disclos…

A retail installment sales contract must include all provisions required by Texas Finance Code, Chapter 348, and other law. The contract must include the following disclosures and provisions, as applicable: (1) The consumer warning required by Texas Finance Code, §348.102(d). (2)…

(a) The OCCC notice required by §86.101 of this title (relating to Consumer Notifications) must be disclosed. (b) In a contract using the true daily earnings method, a brief description of the method of earning finance charge must be given. In a contract using the scheduled insta…

(a) Generally. Plain language contracts must be printed in an easily readable font and type size pursuant to Texas Finance Code, §341.502(a). If other state or federal law requires a different type size for a specific disclosure or contractual provision, the type size specified b…

A Texas Finance Code, Chapter 348 motor vehicle installment sales contract may include the following contract provisions to the extent not prohibited by law or regulation. If the seller desires to assess certain charges or exercise certain rights under one of the following provis…

The following model clauses provide the plain language equivalent of provisions found in contracts subject to Texas Finance Code, Chapter 348. (1) Identification of parties. This information identifies the parties to the contract. (A) The model identification clause lists the nam…

(a) Creditors may make the following types of changes to the model clauses and the model contracts and may still be eligible for the defenses provided by Texas Finance Code, §349.101: (1) Deleting inapplicable disclosures; (2) Using a line for the consumer to initial, rather than…