Sec. 92.054. PROHIBITED PROVISIONS. (a) A rental-purchase agreement may not:
(1) require a consumer to:
(A) pay a late charge or reinstatement fee except as provided by Section 92.055(b);
(B) make a payment at the end of the scheduled rental-purchase term in excess of or in addition to a regular periodic payment to acquire ownership of the merchandise; or
(C) purchase insurance or a loss damage waiver from the merchant to cover the merchandise;
(2) require a confession of judgment;
(3) authorize a merchant or an agent of the merchant to commit a breach of the peace in repossessing merchandise; or
(4) waive a defense, counterclaim, or right the consumer may have against the merchant or an agent of the merchant.
(b) A consumer may not in any event be required to pay a sum greater than the total amount to be paid to acquire ownership of the merchandise as disclosed under Section 92.052(a)(4).
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Structure Texas Statutes
Title 5 - Regulation of Businesses and Services
Chapter 92 - Rental-Purchase Agreements
Subchapter B. Form and Content of Agreements
Section 92.051. Form of Agreement
Section 92.052. Required Disclosures
Section 92.053. Other Required Provisions
Section 92.054. Prohibited Provisions
Section 92.055. Restrictions on Late Charges and Reinstatement Fees