Tex. Fin. Code Section 345.251
Documentary Fee for Certain Vehicles

(a)

A retail seller may charge a documentary fee for services rendered to, for, or on behalf of a retail buyer in handling and processing documents relating to the sale of a motorcycle, moped, all-terrain vehicle, boat, boat motor, boat trailer, or towable recreational vehicle.

(b)

If a documentary fee is charged under this section the fee:

(1)

must be charged to cash buyers and credit buyers;

(2)

may not exceed a reasonable amount agreed to by the retail seller and retail buyer for the documentary services, subject to a reasonable maximum amount set by rule by the finance commission; and

(3)

must be disclosed on the buyer’s order or retail installment contract as a separate itemized charge.

(c)

A preliminary work sheet on which a sale price is computed and that is shown to the retail buyer, an order from the buyer, or a retail installment contract must include in reasonable proximity to the place on the document where the documentary fee is disclosed:

(1)

the amount of the fee; and

(2)

the following notice in type that is bold-faced, capitalized, or underlined or otherwise conspicuously set out from the surrounding written material:
“A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO BUYERS FOR HANDLING DOCUMENTS RELATING TO THE SALE. A DOCUMENTARY FEE MAY NOT EXCEED A REASONABLE AMOUNT AGREED TO BY THE PARTIES THAT IS NOT MORE THAN THE MAXIMUM AMOUNT ALLOWED BY THE STATE. THIS NOTICE IS REQUIRED BY LAW.”

(d)

If the language primarily used in an oral sales presentation is not the same as the language in which the retail installment contract is written, the retail seller shall furnish to the retail buyer a written statement containing the notice set out in Subsection (c) in the language primarily used in the oral sales presentation.

(e)

The finance commission may adopt rules necessary to implement and enforce this section.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 43 (S.B. 1248), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 882 (H.B. 3171), Sec. 2.01, eff. September 1, 2019.

Source: Section 345.251 — Documentary Fee for Certain Vehicles, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­345.­htm#345.­251 (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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 345.251’s source at texas​.gov