This text of Texas § 397.005 (DEBT CANCELLATION AGREEMENTS EXCLUSION LANGUAGE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Sec. 397.005. DEBT CANCELLATION AGREEMENTS EXCLUSION LANGUAGE.
(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;
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Sec. 397.005. DEBT CANCELLATION AGREEMENTS EXCLUSION LANGUAGE. (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.