Texas Senate Bill SB1096

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/8/09

Caption

Relating to certain charges included in a retail installment agreement.

Impact

The implications of SB1096 are significant for both consumers and retail sellers in Texas. By standardizing the maximum amount for documentary fees, the legislation promotes fairness and helps ensure that consumers are aware of the exact fees being charged. This is particularly pertinent in the context of motor vehicle sales, where hidden fees can often frustrate buyers. Furthermore, the disclosure requirements could alleviate some concerns regarding consumer protection by minimizing unexpected costs when closing a sale.

Summary

Senate Bill 1096 aims to revise the provisions regarding documentary fees associated with retail installment agreements in Texas. The bill specifically alters Sections 345.251 and 348.006 of the Finance Code, increasing the cap on documentary fees from $50 to $100 for cash buyers and credit buyers. This legislative move seeks to enhance transparency by mandating that documentary fees are disclosed as separate itemized charges in retail installment contracts and allows for a reasonable monetary amount for heavy commercial vehicle contracts as agreed by the buyer and seller.

Contention

Despite the potential benefits, there may be points of contention surrounding the bill. Critics could argue that raising the maximum allowable documentary fee may disproportionately affect consumers, especially those on tight budgets. There are also concerns that leaving the amount for heavy commercial vehicle contracts to negotiation could lead to inconsistencies, potentially placing buyers at a disadvantage if not properly regulated. Overall, the balance between facilitating seller operations and ensuring consumer protection may be a debated topic as the bill progresses.