Title BC, Business and Commerce Code

Sec. 92.053. OTHER REQUIRED PROVISIONS. A rental-purchase agreement must provide that: (1) any charge in addition to periodic payments must be reasonably related to the service performed; and (2) a consumer who fails to make a timely payment may reinstate an agreement, without lo…

Sec. 92.054. PROHIBITED PROVISIONS. (a) A rental-purchase agreement may not: (1) require a consumer to: (A) pay a late charge or reinstatement fee except as provided by Section 92.055(b); (B) make a payment at the end of the scheduled rental-purchase term in excess of or in addit…

Sec. 92.055. RESTRICTIONS ON LATE CHARGES AND REINSTATEMENT FEES. (a) Only one late charge or reinstatement fee may be collected on a payment regardless of the period during which the payment remains in default. (b) A rental-purchase agreement may require the consumer to pay a la…

Sec. 92.101. MERCHANT'S REPOSSESSION RIGHT. This chapter does not prevent a merchant from attempting repossession of merchandise during the reinstatement period. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 92.102. EFFECT OF REPOSSESSION DURING REINSTATEMENT PERIOD. A consumer's right to reinstate a rental-purchase agreement is not affected by the merchant's repossession of the merchandise during the reinstatement period. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278)…

Sec. 92.103. EFFECT ON REINSTATEMENT PERIOD OF MERCHANDISE RETURN. If merchandise is returned during the applicable reinstatement period, other than through judicial process, the right to reinstate the rental-purchase agreement is extended for a period of not less than 30 days af…

Sec. 92.104. MERCHANT'S DUTIES ON REINSTATEMENT. (a) On reinstatement, the merchant shall provide the consumer with: (1) the same merchandise; or (2) substitute merchandise of comparable quality and condition. (b) A merchant who provides the consumer with substitute merchandise s…

Sec. 92.151. CONTRACT FOR WAIVER. In addition to other charges permitted by this chapter, a consumer may contract for a loss damage waiver. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 92.152. CHARGE FOR WAIVER. A merchant may charge a periodic fee for a loss damage waiver in an amount not to exceed 10 percent of the periodic rental payment. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 92.153. RESTRICTIONS ON MERCHANT CONCERNING WAIVER. A merchant may not: (1) sell a loss damage waiver unless: (A) the contract containing the waiver complies with this chapter; and (B) the consumer agrees to the waiver in writing; or (2) impose or require the purchase of a l…

Sec. 92.154. REQUIRED NOTICE IN WAIVER. A contract that offers a loss damage waiver must include the following notice: "This contract offers an optional loss damage waiver for an additional charge to cover your responsibility for loss of or damage to the merchandise. You do not h…

Sec. 92.155. STATEMENT OF TOTAL CHARGE. A loss damage waiver agreement must include a statement of the total charge for the loss damage waiver. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Sec. 92.156. AUTHORIZED EXCLUSIONS. A loss damage waiver may exclude: (1) loss or damage to the merchandise that is caused by an unexplained disappearance or abandonment of the merchandise; (2) damage that is intentionally caused by the consumer; or (3) damage that results from t…

Sec. 92.157. RELATIONSHIP TO INSURANCE. A loss damage waiver is not insurance. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. SUBCHAPTER E. CIVIL ENFORCEMENT

Sec. 92.201. ACTION FOR VIOLATION OF CHAPTER. (a) A consumer damaged by a merchant's violation of this chapter is entitled to recover from the merchant: (1) actual damages; (2) an amount equal to 25 percent of the total amount of payments required to obtain ownership of the merch…

Sec. 92.202. DECEPTIVE TRADE PRACTICE. A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.