Texas House Bill HB2438

Texas 2009 - 81st Regular

• Out of House Committee: 4/27/09
• Voted on by House: 5/12/09
• Out of Senate Committee: 5/23/09
• Voted on by Senate: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/30/09
• Passed: 6/19/09

Caption

Relating to requirements regarding motor vehicle retail installment transactions.

Note

Overall, HB2438 reflects an effort by the Texas legislature to modernize financial regulations associated with motor vehicle sales in response to evolving market needs, while also aiming to enhance consumer rights.

Impact

The bill is expected to have a significant impact on the finance and auto sales industries in Texas. By providing clearer guidelines for retail sellers in calculating and itemizing charges, it aims to protect consumers from unexpected fees and ensure transparency in motor vehicle financing. The requirements laid out in this bill could foster a more structured environment for financial transactions related to motor vehicles, lending confidence to buyers navigating the marketplace.

Summary

House Bill 2438 introduces new provisions and amendments to the Texas Finance Code, specifically regarding the requirements for retail installment transactions connected to motor vehicles. The legislation aims to clarify existing rules, such as the definition of a 'holder' in these transactions and specifies permissible add-on charges associated with the sale of both new and used vehicles. For instance, it sets specific limits on add-on charges based on vehicle classifications and ages, thus standardizing how finance charges are calculated in retail installment contracts.

Contention

Despite the overall intention of clarity and consumer protection, the bill may spark discussion around its effects on market practices. Some industry stakeholders might view the stipulations as restrictive or burdensome, arguing that they limit flexibility in how dealers can structure financing options for buyers. There could be concerns regarding the operational impacts on smaller dealerships that may find compliance with these regulations more challenging compared to larger competitors, potentially leading to a marketplace disadvantage.