Section 84.809 - [Effective until 1/1/2025] Model Contract; Permissible Changes(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, § RSA 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 § RSA 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.7 Tex. Admin. Code § 84.809
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 by Texas Register, Volume 40, Number 44, October 30, 2015, TexReg 7627, eff. 11/5/2015; Amended by Texas Register, Volume 41, Number 18, April 29, 2016, TexReg 3137, eff. 5/5/2016; Amended by Texas Register, Volume 45, Number 52, December 25, 2020, TexReg 9418, eff. 12/31/2020