Sec. 345.005. ITEMIZED CHARGE. An amount charged to a retail buyer in a retail installment contract or retail charge agreement is an itemized charge if the amount is not included in the cash price and is the amount of:
(1) fees prescribed by law for filing, recording, or otherwise perfecting, releasing, or satisfying a security interest created in connection with a retail installment transaction or nonfiling insurance premiums as authorized by Section 345.212;
(2) fees for registration or a certificate of title;
(3) any taxes;
(4) fees or charges prescribed by law and connected with the sale or inspection of the goods or services subject to the contract or agreement;
(5) premiums and other charges for insurance authorized by Subchapter E;
(6) official fees for a construction permit or the filing or recording of a construction permit;
(7) a documentary fee authorized under Section 345.251;
(8) in a retail installment transaction involving modernization, rehabilitation, repair, alteration, improvement, or construction of real property, reasonable and necessary costs, including amounts, paid by the holder:
(A) for title insurance or title examination and opinion that does not exceed the amount set by the commissioner of insurance for title insurance for the transaction;
(B) to a person who is not a salaried employee of the holder for an appraisal or inspection or for investigating the credit standing or creditworthiness of the retail buyer; or
(C) to an attorney who is not a salaried employee of the holder as a legal fee for the preparation of documents in connection with the transaction; and
(9) charges for a debt cancellation agreement under Chapter 354.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 183 (S.B. 1052), Sec. 1, eff. September 1, 2017.
Structure Texas Statutes
Title 4 - Regulation of Interest, Loans, and Financed Transactions
Subtitle B - Loans and Financed Transactions
Chapter 345 - Retail Installment Sales
Subchapter A. General Provisions
Section 345.005. Itemized Charge
Section 345.006. Time Price Differential Not Interest
Section 345.007. Applicability of Chapter
Section 345.008. Applicability of Other Statutes to Retail Installment Transaction
Section 345.009. Disclosure Requirements if Conflict With Federal Law