| (a) Creditors may make the following types of changes
to the model clauses and the model contracts and may still be eligible
for the defenses provided by Texas Finance Code, §349.101:
(1) Deleting inapplicable disclosures;
(2) Using a line for the consumer to initial, rather
than a checkbox;
(3) Adding a signature line to the insurance disclosures
to reflect joint policies;
(4) Substituting another term for "buyer," "seller,"
or "creditor" that has the same meaning, or use of pronouns such as
"you," "we," and "us" or "it";
(5) Changing the person of the pronouns to refer to
the seller as "I" or "me" and the buyer as "you" or "your";
(6) Substituting the word "vehicle" for the term "motor
vehicle";
(7) Presenting the model clauses in any order, and
combining or further segregating the model clauses;
(8) Inserting descriptive headings or number provisions;
(9) Changing the case of a word if otherwise permitted
by the Texas Finance Code;
(10) Omitting references to different provisions for
heavy commercial vehicles where the creditor elects to treat buyers
of heavy commercial vehicles under the rules applicable to other vehicles;
(11) Moving provisions from one side of the form to
the other and directing the buyer to see the other side, or placing
all of the provisions on the same side of the form; or
(12) Changing any provision to comply with federal
law.
(b) A sample model motor vehicle retail installment
sales contract is presented in the following example.
Attached Graphic
(c) A contract may include other provisions that are
not prohibited by law, but the contract including the other provisions
must be submitted to the OCCC under §84.802 of this title (relating
to Non-Standard Contract Filing Procedures).
(d) Nothing in this regulation prohibits a contract
from including provisions that provide more favorable results for
the buyer than those that would result from the use of a model clause.
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| Source Note: The provisions of this §84.809 adopted to be effective May 8, 2008, 33 TexReg 3584; amended to be effective November 5, 2009, 34 TexReg 7610; amended to be effective November 5, 2015, 40 TexReg 7624; amended to be effective May 5, 2016, 41 TexReg 3120; amended to be effective December 31, 2020, 45 TexReg 9416 |
