Tex. Fin. Code § 348.416 · Subchapter E. HOLDER'S RIGHTS, DUTIES, AND LIMITATIONS
CONVENIENCE FEE FOR PROCESSING ELECTRONIC PAYMENTS AUTHORIZED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this section, "electronic payment" means a payment made by credit card, debit card, electronic funds transfer, electronic check, or other electronic method.
(b) A holder of a retail installment contract or the holder's agent may collect a fee for processing a retail buyer's electronic payment under the contract only if:
(1) the fee is reasonably related to the expense incurred by the holder or holder's agent in processing the electronic payment;
(2) the fee does not exceed the lesser of $10 or five percent of the amount of the payment; and
(3) the holder or holder's agent:
(A) allows the buyer to make a payment by a method other than an electronic payment that does not incur a fee;
(B) does not establish electronic payment as the expected form of payment; and
(C) informs the buyer of the following before the buyer agrees to make an electronic payment:
(i) the amount of the fee to be charged under this section;
(ii) that the buyer may make a payment by an alternative method that does not incur a fee, including by check, cash, or money order; and
(iii) that the holder or holder's agent may not establish electronic payment as the expected form of payment.
Notes and commentary — not statutory text
History
Added by Acts 2025, 89th Leg., R.S., Ch. 1044 (H.B. 4134), Sec. 1, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FI/htm/FI.348.htm
- Text hash
- sha256 d53ddbc5a84faba3ab7b6d82a78118c0bb049cc9bfdd672c8d5139a753386edb
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.