Sec. 348.104. TIME PRICE DIFFERENTIAL FOR CONTRACT WITH EQUAL MONTHLY SUCCESSIVE PAYMENTS. (a) A retail installment contract that is payable in substantially equal successive monthly installments beginning one month after the date of the contract may provide for a time price differential that does not exceed:
(1) the add-on charge provided by this section; or
(2) $25 if the add-on charge under Subdivision (1) is less than $25.
(b) The add-on charge is $7.50 per $100 per year on the principal balance for a new motor vehicle designated by the manufacturer by a model year that is not earlier than the year in which the sale is made.
(c) The add-on charge is $10 per $100 per year on the principal balance for:
(1) a new motor vehicle not covered by Subsection (b); or
(2) a used motor vehicle designated by the manufacturer by a model year that is not more than two years before the year in which the sale is made.
(d) The add-on charge is $12.50 per $100 per year on the principal balance for a used motor vehicle not covered by Subsection (c) that is a motor vehicle designated by the manufacturer by a model year that is not more than four years before the year in which the sale is made.
(e) For a used motor vehicle not covered by Subsection (c) or (d), the add-on charge is:
(1) $15 per $100 per year on the principal balance; or
(2) $18 per $100 per year on the principal balance if the principal balance under the retail installment contract does not exceed $300.
(f) The time price differential is computed on the original principal balance under the retail installment contract from the date of the contract until the maturity of the final installment, notwithstanding that the balance is payable in installments.
(g) If the retail installment contract is payable for a period that is shorter or longer than a year or is for an amount that is less or greater than $100, the amount of the maximum time price differential computed under this section is decreased or increased proportionately.
(h) For the purpose of a computation under this section, 16 or more days of a month may be considered a full month.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 676 (H.B. 2438), Sec. 5, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 117 (H.B. 2559), Sec. 11, eff. September 1, 2011.
Structure Texas Statutes
Title 4 - Regulation of Interest, Loans, and Financed Transactions
Subtitle B - Loans and Financed Transactions
Chapter 348 - Motor Vehicle Installment Sales
Subchapter B. Retail Installment Contract
Section 348.101. Retail Installment Contract General Requirements
Section 348.1015. Contract Conditioned on Subsequent Assignment Prohibited
Section 348.102. Contents of Contract
Section 348.103. Time Price Differential for Retail Installment Contract
Section 348.104. Time Price Differential for Contract With Equal Monthly Successive Payments
Section 348.105. Use of Optional Ceiling
Section 348.106. Time Price Differential for Other Contracts
Section 348.107. Charge for Default in Payment of Installment
Section 348.108. Charges for Collecting Debt
Section 348.109. Acceleration of Debt Maturity
Section 348.110. Delivery of Copy of Contract
Section 348.111. Buyer's Right to Rescind Contract
Section 348.112. Buyer's Acknowledgment of Delivery of Contract Copy
Section 348.113. Amendment of Retail Installment Contract
Section 348.116. Confirmation of Amendment
Section 348.117. Contract After Amendment
Section 348.118. Prepayment of Contract
Section 348.119. Refund Credit on Prepayment
Section 348.120. Amount of Refund Credit for Monthly Installment Contract
Section 348.121. Amount of Refund Credit for Other Contracts
Section 348.122. Reinstatement of Contract After Demand for Payment
Section 348.123. Refinancing of Large Installment
Section 348.124. Debt Cancellation Agreements
Section 348.125. Trade-in Credit Agreements Offered in Connection With Retail Installment Contracts