Texas Finance Code 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.
(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 on the vehicle if the vehicle has been rendered a total loss;
(5) a warranty or service contract relating to the motor vehicle;
(6) an identity recovery service contract;
(7) a debt cancellation agreement, including a debt cancellation agreement under Chapter 354, if the agreement is included as a term of a retail installment contract under § 348.124; or
(8) a trade-in credit agreement.
Terms Used In Texas Finance Code 348.208
- Contract: A legal written agreement that becomes binding when signed.
- Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(b-1) In this section, “identity recovery service contract” means an agreement:
(1) to provide identity recovery, as defined by § 1304.003, Occupations Code;
(2) that is entered into for a separately stated consideration and for a specified term; and
(3) that is financed through a retail installment contract.
(c) Notwithstanding any other law, service contracts, debt cancellation agreements, and trade-in credit agreements sold by a retail seller of a motor vehicle to a retail buyer are not subject to Chapter 101 or 226, Insurance Code.
(d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 117, Sec. 26(3), eff. September 1, 2011.
(e) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 117, Sec. 26(3), eff. September 1, 2011.
(f) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 117, Sec. 26(3), eff. September 1, 2011.