Tex. Fin. Code § 397.005 · Chapter 397. DEBT CANCELLATION AGREEMENTS FOR CERTAIN VEHICLE LEASES
DEBT CANCELLATION AGREEMENTS EXCLUSION LANGUAGE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In addition to the provisions required by Section 397.006, a debt cancellation agreement must fully disclose all provisions permitting the exclusion of loss or damage including, if applicable:
(1) an act occurring after the original maturity date or date of the holder's acceleration of the lease;
(2) any dishonest, fraudulent, illegal, or intentional act of any authorized driver that directly results in the total loss of the covered vehicle;
(3) any act of gross negligence by an authorized driver that directly results in the total loss of the covered vehicle;
(4) conversion, embezzlement, or concealment by any person in lawful possession of the covered vehicle;
(5) lawful confiscation by an authorized public official;
(6) the operation, use, or maintenance of the covered vehicle in any race or speed contest;
(7) war, whether or not declared, invasion, insurrection, rebellion, revolution, or an act of terrorism;
(8) normal wear and tear, freezing, or mechanical or electrical breakdown or failure;
(9) use of the covered vehicle for primarily commercial purposes;
(10) damage that occurs after the covered vehicle has been repossessed;
(11) damage to the covered vehicle before the purchase of the debt cancellation agreement;
(12) unpaid insurance premiums and salvage, towing, and storage charges relating to the covered vehicle;
(13) damage related to any personal property attached to or within the covered vehicle;
(14) damages associated with falsification of documents by any person not associated with the lessor or other person canceling the lessee's obligation;
(15) any unpaid debt resulting from exclusions in the lessee's primary physical damage coverage not included in the debt cancellation agreement;
(16) abandonment of the covered vehicle by the lessee only if the lessee voluntarily discards, leaves behind, or otherwise relinquishes possession of the covered vehicle to the extent that the relinquishment shows intent to forsake and desert the covered vehicle so that the covered vehicle may be appropriated by any other person;
(17) any amounts deducted from the primary insurance carrier's settlement due to prior damages; and
(18) any loss occurring outside the United States or outside the United States and Canada.
(b) An exclusion of loss or damage not listed in Subsection (a) may be included in a debt cancellation agreement only if the exclusion is disclosed in plain, easy to read language.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 183 (S.B. 1052), Sec. 7, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FI/htm/FI.397.htm
- Text hash
- sha256 fad3432251590a578fa2a87ebf56f8dba0c158e8a302325b5ae0ed56ba257f1e
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 1 provision
Provisions in this library whose text cites Tex. Fin. Code § 397.005. Each shows the citation as that text prints it.
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.