Texas Business And Commerce Code Title 5, Chapter 92 - Rental-purchase Agreements

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 92.001 - Definitions
  In this chapter: (1) "Advertisement" means a commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agreement. (2) Repealed by...

SUBCHAPTER B FORM AND CONTENT OF AGREEMENTS

• Texas Section 92.002 - Advertisement Requirements
  An advertisement for a rental-purchase agreement that refers to or states the amount of a payment or the right to acquire ownership of any one...
• Texas Section 92.051 - Form Of Agreement
  (a) A rental-purchase agreement must be written in: (1) plain English; and (2) any other language used by the merchant in an advertisement related to...
• Texas Section 92.052 - Required Disclosures
  (a) A rental-purchase agreement must disclose: (1) whether the merchandise is new or used; (2) the price for which the merchant would have sold the...
• Texas Section 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...
• Texas Section 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);...

SUBCHAPTER C REPOSSESSION AND REINSTATEMENT

• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D LOSS DAMAGE WAIVERS

• Texas Section 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...
• Texas Section 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.,...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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.,...
• Texas Section 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;...

SUBCHAPTER E CIVIL ENFORCEMENT

• Texas Section 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.
• Texas Section 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...
• Texas Section 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....

Last modified: September 28, 2016