Texas 2009 - 81st Regular

Texas House Bill HB3338

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to debt cancellation agreements offered in connection with motor vehicle retail installment contracts.

Impact

The proposed changes under HB 3338 will directly affect how debt cancellation products are integrated into retail installment contracts for motor vehicles. As many consumers rely on these financing options, the bill is designed to foster greater transparency in loan agreements and enhance the borrower’s autonomy. By restricting compulsory purchase of debt cancellation agreements, the bill may lead to a more equitable lending environment, allowing borrowers to make informed decisions without undue pressure from lenders or sellers.

Summary

House Bill 3338 seeks to amend the Texas Finance Code concerning debt cancellation agreements associated with retail installment contracts for motor vehicle purchases. The bill defines a 'Debt Cancellation Agreement' as a contractual term that allows the seller to cancel all or part of the buyer’s debt upon a specified event. Importantly, it stipulates that lenders cannot make the purchase of such agreements mandatory for a borrower to obtain a loan. This provision aims to increase consumer protection by ensuring buyers are not coerced into purchasing additional agreements that could impose unnecessary financial burden.

Contention

Notable points of contention surrounding HB 3338 may arise from stakeholders within the automotive retail and financing sectors. Some industry representatives may argue that the enforcement of mandatory debt cancellation agreements serves to protect both lenders and consumers by mitigating risks associated with loan defaults. Conversely, consumer advocacy groups are likely to support the bill, viewing it as a means to safeguard consumers from predatory lending practices and ensuring borrowers retain the freedom to assess their financial options without pressure from retail sellers.

Companion Bills

TX SB1966

Similar Relating to debt cancellation agreements offered in connection with motor vehicle retail installment contracts.

Previously Filed As

TX HB3389

Relating to a refund of motor vehicle sales taxes paid on certain bad debt.

TX HB2746

Relating to requirements related to refunds and credit provided under terminated debt cancellation agreements.

TX SB2228

Relating to requirements related to refunds and credit provided under terminated debt cancellation agreements.

TX SB1464

Relating to prohibiting a retail seller of motor vehicles from imposing certain restrictions on the purchase of a motor vehicle.

TX HB718

Relating to the issuance of certain tags, permits, and license plates authorizing the movement of vehicles and the transfer and renewal of certain license plates.

TX SB2567

Relating to the issuance of temporary tags and license plates by a motor vehicle dealer.

TX SB2250

Relating to the execution of a certificate of completion and to imposing certain requirements under a retail installment contract for the purchase of solar panels.

TX HB4078

Relating to motor vehicle franchised dealers and the reimbursement of motor vehicle franchised dealers by manufacturers and distributors for warranty, recall, and preparation and delivery work.

TX SB2099

Relating to motor vehicle franchised dealers and the reimbursement of motor vehicle franchised dealers by manufacturers and distributors for warranty, recall, and preparation and delivery work.

TX HB3599

Relating to an exemption from certain motor fuel taxes for, and registration fees for motor vehicles owned by, certain nonprofit food banks.

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