Tex. Fin. Code Section 345.001
Definitions


In this chapter:

(1)

“Credit card issuer” means a person who issues an identification device, including a card or plate, that is used to obtain goods or services under a retail credit card arrangement, other than a person who is:

(A)

a bank, savings association, or credit union;

(B)

licensed to do business under Chapter 342 (Consumer Loans); or

(C)

regularly and principally engaged in the business of lending money for personal, family, or household purposes.

(2)

“Holder” means:

(A)

for a retail installment contract:
(i)
the retail seller of the goods or services under the contract if the contract or the outstanding balance under the contract has not been sold or otherwise transferred; or
(ii)
if the contract or the outstanding balance under the contract has been sold or otherwise transferred, the person to whom it was transferred;

(B)

for a retail charge agreement:
(i)
the retail seller of the goods or services under the retail charge agreement if the agreement or the outstanding balance under the agreement has not been sold or otherwise transferred; or
(ii)
if the agreement or the outstanding balance under the agreement has been sold or otherwise transferred, the person to whom it was sold or otherwise transferred; or

(C)

for a retail credit card arrangement, the credit card issuer under the arrangement.

(3)

“Retail buyer” means a person who:

(A)

purchases or agrees to purchase goods from a retail seller; or

(B)

obtains services from a retail seller or agrees to have services furnished by a retail seller.

(4)

“Retail charge agreement” means one or more instruments that prescribe the terms of retail installment transactions that may be made under the agreement from time to time and under which a time price differential is computed on the unpaid balance from time to time. The term includes an instrument that prescribes the terms of a retail credit card arrangement.

(5)

“Retail credit card arrangement” means an arrangement that is not regulated under another chapter of this code and under which:

(A)

a retail seller or credit card issuer authorizes a retail buyer or lessee to use a credit card to purchase or lease goods or services from:
(i)
the seller or issuer, as appropriate;
(ii)
a person related to the seller or issuer;
(iii)
a person licensed or franchised to do business under the seller’s or issuer’s business or trade name or designation; or
(iv)
another person authorized to honor the card; and

(B)

the debt for the purchase or lease is payable in one or more installments.

(6)

“Retail installment contract” means one or more instruments entered into in this state that evidence a secured or unsecured retail installment transaction. The term includes a chattel mortgage, security agreement, and conditional sale contract and a document that evidences a bailment or lease described by Section 345.068 (Bailment or Lease as Retail Installment Transaction), but does not include:

(A)

an instrument that is a retail charge agreement;

(B)

an instrument reflecting a sale under a retail charge agreement; or

(C)

a rental-purchase agreement that complies with Chapter 92 (Rental-purchase Agreements), Business & Commerce Code.

(7)

“Retail installment transaction” means a transaction in which a retail buyer purchases goods or services from a retail seller under a retail installment contract or retail charge agreement that provides for a time price differential and under which the buyer agrees to pay the unpaid balance and the time price differential in one or more installments. The term includes a transaction:

(A)

made under a retail credit card arrangement; or

(B)

for the sale of prepaid funeral benefits regulated under Chapter 154 (Prepaid Funeral Services).

(8)

“Retail seller” means a person who regularly and substantially engages in the business of selling goods or services to retail buyers, other than the services of a member of a learned profession not specifically included under Section 345.003 (Services)(b).

(9)

“Time price differential” means the amount paid or payable for accepting payment in installments for goods or services purchased, regardless of how the amount is denominated or expressed. The term includes an amount payable to a holder as consideration for accepting payment in installments for goods and services charged under a retail credit card arrangement. The term does not include an amount charged for insurance premiums, delinquency charges, attorney’s fees, court costs, or official fees.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.035, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.17, eff. April 1, 2009.

Source: Section 345.001 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­345.­htm#345.­001 (accessed Jun. 5, 2024).

345.001
Definitions
345.002
Goods
345.003
Services
345.004
Cash Price
345.005
Itemized Charge
345.006
Time Price Differential Not Interest
345.007
Applicability of Chapter
345.008
Applicability of Other Statutes to Retail Installment Transaction
345.009
Disclosure Requirements if Conflict with Federal Law
345.051
Retail Installment Contract General Requirements
345.052
Contents of Contract
345.053
Disclosure of Promise to Compensate for Referral
345.054
Time Price Differential for Contract
345.055
Time Price Differential for Contract Payable in Equal Monthly Payments
345.056
Use of Optional Ceiling
345.057
Time Price Differential for Other Contracts
345.058
Minimum Time Price Differential for Contract
345.059
Principal Balance Computation
345.060
Charges for Default in Payment of Installment
345.061
Charges for Collecting Debt
345.062
Acceleration of Debt Maturity
345.063
Requirements for Contract that Is More than One Document
345.064
Completion of Contract
345.065
Delivery of Copy of Contract
345.066
Buyer’s Right to Rescind Contract
345.067
Buyer’s Acknowledgment of Delivery of Contract Copy
345.068
Bailment or Lease as Retail Installment Transaction
345.069
Deferment of Installment
345.070
Amendment of Contract
345.071
Confirmation of Amendment
345.072
Contract After Amendment
345.073
Prepayment of Contract
345.074
Refund Credit on Prepayment
345.075
Amount of Refund Credit for Monthly Installment Contract
345.076
Amount of Refund Credit for Other Contracts
345.077
Reinstatement of Contract
345.078
Consolidation of Contracts
345.079
Allocation of Payments on Consolidation of Contracts
345.080
Obligation Under More than One Contract
345.081
Certificate of Completion or Satisfaction of Contract
345.082
Statement of Payments and Amount Due Under Contract
345.083
Receipt for Cash Payment
345.084
Debt Cancellation Agreement
345.101
Making Retail Charge Agreement
345.102
Agreement General Requirements
345.103
Time Price Differential for Agreement
345.104
Use of Optional Ceiling
345.105
Charges for Collection of Payment of Agreement
345.106
Processing Fee for Returned Check
345.107
Prohibited Fees
345.108
Prohibition on Signing of Agreement with Blank Spaces
345.109
Delivery of Copy of Agreement
345.110
Buyer’s Acknowledgment of Delivery of Agreement Copy
345.111
Statement of Cash Price
345.112
Agreement Balance Statement
345.113
Compliance with Federal Law Considered Compliance with Chapter’s Disclosure Requirements
345.155
Time Price Differential Computation and Amount
345.156
When Charging of Time Price Differential Prohibited
345.157
Delinquency Charge
345.158
Retail Charge Agreement to Which Subchapter Does Not Apply
345.201
Property Insurance
345.202
Credit Life, Credit Health and Accident, and Credit Involuntary Unemployment Insurance
345.203
Maximum Amount of Insurance Coverage
345.204
Insurance Statement
345.205
Insurance May Be Furnished by Buyer
345.206
Buyer’s Failure to Provide Evidence of Insurance
345.207
Charges for Other Insurance Included in Retail Installment Contract
345.208
Requirements for Including Insurance Charge in Contract or Agreement
345.209
Delivery of Insurance Document to Buyer
345.210
Holder’s Duty if Insurance Is Adjusted or Terminated
345.211
Gain or Advantage from Insurance Not Additional Charge
345.212
Nonfiling Insurance
345.213
Inclusion of Insurance Premiums
345.214
Adding to Retail Installment Contract Premiums for Insurance Acquired After Transaction
345.215
Effect of Adding Premium to Contract or Agreement
345.251
Documentary Fee for Certain Vehicles
345.252
Time Price Differential for Certain Prepaid Funeral Benefits
345.253
Time Price Differential for Medical and Dental Services
345.301
Authority to Acquire
345.302
Lack of Notice Does Not Affect Validity as to Certain Creditors
345.303
Payment by Buyer
345.304
Preservation of Buyer’s Right of Action or Defense
345.351
Registration of Holder
345.352
Seller’s Promise to Pay or Tender of Cash to Buyer as Part of Transaction
345.353
Making of Contract or Agreement by Mail or Telephone
345.354
Prohibition on Power of Attorney to Confess Judgment and Assignment of Wages
345.355
Prohibition on Certain Acts of Repossession
345.356
Buyer’s Waiver
345.357
Prohibition on Certain Liens

Accessed:
Jun. 5, 2024

§ 345.001’s source at texas​.gov