1. (a) Debt Cancellation Agreement for Death of Retail Buyer--The agreement between the retail buyer and the retail seller or the holder of a retail installment sales contract in which a holder agrees to waive all or part of the amount owed under the retail installment sales contract in the event of the death of the retail buyer. The fee amount of the debt cancellation agreement may be paid to the retail seller, holder, or any other party designated by the retail seller or holder.
2. (b) Debt Cancellation Agreement for Disability of Retail Buyer--The agreement between the retail buyer and the retail seller or the holder of a retail installment sales contract in which a holder agrees to waive one or more payments owed under the retail installment sales contract in the event of the disability of the retail buyer. The fee amount of the debt cancellation agreement may be paid to the retail seller, holder, or any other party designated by the retail seller or holder.

3. (c) Debt Cancellation Agreement for Total Loss or Theft of Motor Vehicle.

   1. (1) Ordinary vehicles. For a retail installment sales transaction involving an ordinary vehicle, a debt cancellation agreement for total loss or theft of a motor vehicle is a retail installment sales contract term or a contractual arrangement modifying a retail installment sales contract term under which a retail seller or holder agrees to cancel all or part of an obligation of the retail buyer to repay an extension of credit from the retail seller or holder on the occurrence of the total loss or theft of the motor vehicle that is the subject of the retail installment sales contract but does not include an offer to pay a specified amount on the total loss or theft of the motor vehicle. The fee amount of the debt cancellation agreement may be paid to the retail seller, holder, or any other party designated by the retail seller or holder.
   2. (2) Commercial vehicles. For a retail installment sales transaction involving a commercial vehicle, a debt cancellation agreement for total loss or theft of a motor vehicle is a retail installment sales contract provision or agreement under which a holder agrees to waive all or part of the difference between the amount owed under a retail installment sales contract and the amount paid under a physical damage insurance policy maintained by the retail buyer or its assign in the event the motor vehicle is a total loss. The fee amount of the debt cancellation agreement may be paid to the retail seller, holder, or any other party designated by the retail seller or holder.
4. (d) Prepaid Maintenance Agreement--A maintenance agreement as defined in Texas Occupations Code, §1304.004.
5. (e) Service Contract--A service contract as defined in Texas Occupations Code, §1304.003. Pursuant to Texas Occupations Code, §1304.004, a prepaid maintenance agreement is a type of service contract.

6. (f) Total Loss or Theft for Debt Cancellation Agreement for Total Loss or Theft of an Ordinary Vehicle.

   1. (1) Insurance coverage part of retail buyer's responsibility to holder. Under §84.308(e)(1) of this title (relating to Debt Cancellation Agreements for Total Loss or Theft of Ordinary Vehicle), a total loss or theft of a covered motor vehicle will be determined by the retail buyer's physical damage insurer, or other responsible party's liability insurer. If there is no primary insurance, the holder will make a determination of total loss based on a value established from a recognized retail value guide.
   2. (2) Holder bears complete responsibility for canceling the debt. Under §84.308(e)(2) of this title, a total loss means direct or accidental physical damage loss of or damage to the motor vehicle subject to the debt cancellation agreement which results in a determination by the holder of the retail installment sales contract that the total cost of the repair is greater than or equal to the retail value of the motor vehicle. The value of the motor vehicle subject to the debt cancellation agreement must be determined by an established retail value guide as of the date immediately prior to loss. Under §84.308(e)(2) of this title, theft means the motor vehicle subject to the debt cancellation agreement is stolen and deemed to be not recoverable.

Source Note:The provisions of this §84.301 adopted to be effective August 31, 2006, 31 TexReg 6670; amended to be effective March 14, 2010, 35 TexReg 1959.