Tex.
Fin. Code Section 354.005
Approval of Forms for Debt Cancellation Agreements
(a)
Debt cancellation agreement forms must be submitted to the commissioner for approval. Debt cancellation agreement forms may include additional language to supplement the terms of the debt cancellation agreement as required by this chapter.(b)
If a debt cancellation agreement form is provided to the commissioner for approval, the commissioner has 45 days to approve the form or deny approval of the form. On the written request of the person submitting the form, the commissioner may agree in writing to extend the approval period for an additional 45 days. If after the 45th day, or the 90th day if the commissioner agrees to an extension, the commissioner does not deny the form, the form is considered approved.(c)
If the debt cancellation agreement form is approved by the commissioner or considered approved as provided by Subsection (b), the terms of the debt cancellation agreement are considered to be in compliance with this chapter.(d)
The commissioner may deny approval of a form only if the form excludes the language required by Sections 354.003 (Debt Cancellation Agreements Exclusion Language) and 354.004 (Required Debt Cancellation Agreement Language) or contains any inconsistent or misleading provisions. All form denials, after an opportunity for a hearing under Chapter 2001 (Administrative Procedure), Government Code, may be appealed to a district court in accordance with that chapter.(e)
If after approval of a form the Office of Consumer Credit Commissioner discovers that approval could have been denied under Subsection (d), the commissioner may order a retail seller, any administrator of the debt cancellation agreement, or a holder to submit a corrected form for approval. Beginning as soon as reasonably practicable after approval of the corrected form, the retail seller, administrator, or holder shall use the corrected form for all sales.(f)
A debt cancellation agreement form that has been approved by the commissioner is public information subject to disclosure under Chapter 552 (Public Information), Government Code. Section 552.110 (Exception: Confidentiality of Trade Secrets; Confidentiality of Certain Commercial or Financial Information), Government Code, does not apply to a form approved under this chapter.
Source:
Section 354.005 — Approval of Forms for Debt Cancellation Agreements, https://statutes.capitol.texas.gov/Docs/FI/htm/FI.354.htm#354.005 (accessed Jun. 5, 2024).
