By Averitt H.B. No. 2154
77R6108 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to charges for default on a motor vehicle retail
1-3 installment contract.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 348.107, Finance Code, is amended to read
1-6 as follows:
1-7 Sec. 348.107. CHARGE FOR DEFAULT IN PAYMENT OF INSTALLMENT.
1-8 (a) A retail installment contract may provide that if an
1-9 installment remains unpaid after the 10th day after the maturity of
1-10 the installment for a heavy commercial vehicle or after the 15th
1-11 day after the maturity of the installment for any other motor
1-12 vehicle the holder may collect:
1-13 (1) a delinquency charge that does not exceed five
1-14 percent of the amount of the installment; or
1-15 (2) interest on the amount of the installment accruing
1-16 after the maturity of the installment and until the installment is
1-17 paid in full at a rate that does not exceed the maximum rate
1-18 authorized for the contract.
1-19 (b) A retail installment contract that provides for the
1-20 accrual earnings method may provide for the delinquency charge
1-21 authorized by Subsection (a)(1), the interest authorized by
1-22 Subsection (a)(2), or both.
1-23 (c) Only one delinquency charge may be collected on an
1-24 installment under this section regardless of the duration of the
2-1 default.
2-2 SECTION 2. The change in law made by this Act applies only to
2-3 a retail installment transaction entered into on or after the
2-4 effective date of this Act. A retail installment transaction
2-5 entered into before the effective date of this Act is governed by
2-6 the law in effect when the retail installment transaction was
2-7 entered into, and the former law is continued in effect for that
2-8 purpose.
2-9 SECTION 3. This Act takes effect immediately if it receives
2-10 a vote of two-thirds of all the members elected to each house, as
2-11 provided by Section 39, Article III, Texas Constitution. If this
2-12 Act does not receive the vote necessary for immediate effect, this
2-13 Act takes effect September 1, 2001.