Public-domain · open source
OpenJurist

Tex. Fin. Code § 348.416

CONVENIENCE FEE FOR PROCESSING ELECTRONIC PAYMENTS AUTHORIZED

Added by Acts 2025, 89th Leg., R.S., Ch. 1044 (H.B. 4134), Sec. 1, eff

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.