Sec. 353.408. PROHIBITION ON CERTAIN ACTS OF REPOSSESSION. A retail installment contract may not:
(1) authorize the holder or a person acting on the holder's behalf to:
(A) enter the retail buyer's premises in violation of Chapter 9, Business & Commerce Code; or
(B) commit a breach of the peace in the repossession of the commercial vehicle; or
(2) contain, or provide for the execution of, a power of attorney by the retail buyer appointing, as the buyer's agent in the repossession of the vehicle, the holder or a person acting on the holder's behalf.
Added by Acts 2011, 82nd Leg., R.S., Ch. 117 (H.B. 2559), Sec. 17, eff. September 1, 2011.
Structure Texas Statutes
Title 4 - Regulation of Interest, Loans, and Financed Transactions
Subtitle B - Loans and Financed Transactions
Chapter 353 - Commercial Motor Vehicle Installment Sales
Subchapter E. Holder's Rights, Duties, and Limitations
Section 353.401. Seller's Promise to Pay or Tender of Cash to Buyer as Part of Transaction
Section 353.402. Seller's Action for Incentive Program or to Pay for Buyer's Motor Vehicle
Section 353.403. Statement of Payments and Amount Due Under Contract
Section 353.404. Receipt for Cash Payment
Section 353.405. Outstanding Balance Information; Payment in Full
Section 353.406. Liability Relating to Outstanding Balance Information
Section 353.407. Prohibition on Power of Attorney to Confess Judgment or Assignment of Wages
Section 353.408. Prohibition on Certain Acts of Repossession