Section 90.602 - Contract Provisions(a) A Chapter 342, Subchapter G second lien home improvement loan transaction may include, but is not limited to, the following contract provisions to the extent not prohibited by law or regulation. If the licensee desires to exercise its rights under one of the following provisions, it must include that provision in the contract. A licensee who does not desire to apply a provision is not required to include it in the contract. For example, a licensee who does not assess a fee for dishonored checks may omit the fee for dishonored check clause. A licensee may also exclude non-relevant portions of a model clause. For example, a licensee who does not routinely finance certain insurance coverages may omit those non-applicable portions of the model clause. A Chapter 342, Subchapter G home improvement loan transaction may contain the following provisions: (1) For a contract for use in a transaction that does not allow withdrawals or multiple advances: (A) An identification clause;(B) A definitions section;(C) A provision regarding construction of improvements;(D) A clause regarding the contract price;(E) A transfer of lien clause;(F) A provision specifying that completion is made by the contractor, not the lender;(G) A partial lien clause;(H) A provision regarding changes and extras;(I) A provision regarding receipts and releases;(J) A provision specifying that no work has been done prior to execution of the contract;(K) A provision regarding the trustee's duties;(L) A notice specifying the preservation of claims and defenses;(M) A notice specifying that the owner and the contractor are responsible for meeting the terms of the contract;(O) A provision regarding notice of confidentiality rights.(2) For a promissory note for use in a transaction that does not allow withdrawals or multiple advances: (A) An identification clause;(B) A security for payment provision;(C) A definitions section;(E) A late charge provision;(F) A provision for after maturity interest;(H) A provision specifying the finance charge earnings and refund method;(J) A provision contracting for a fee for a dishonored check;(K) A provision specifying the conditions causing default;(L) A provision regarding property insurance;(M) A credit insurance disclosure box;(N) A provision regarding the mailing of notices to the borrower;(O) A provision specifying that the borrower's statements are truthful;(P) A provision regarding the due on sale clause, notice of intent to accelerate, and notice of acceleration;(Q) A provision expressing no waiver of the lender's rights;(R) A collection expenses clause;(S) A provision providing for joint liability;(T) A usury savings clause;(U) A savings clause stating that if any part of the loan agreement is invalid, the rest remains valid;(V) An integration clause stating that the contract supersedes all prior agreements and that the contract may not be changed by oral agreement;(W) A provision specifying that federal law and Texas law apply to the contract;(Y) A provision describing the collateral;(Z) A notice regarding the preservation of claims and defenses; and(3) For a contract for use in a transaction that allows for withdrawals or multiple advances: (A) An identification clause;(B) A definitions section;(C) A provision regarding construction of improvements;(D) A clause regarding the contract price;(E) A clause regarding the note payable to the lender;(F) A clause regarding the note being secured by the lien;(G) A transfer of lien clause;(H) A clause regarding exceptions to conveyance and warranty;(I) A provision specifying that completion is made by the contractor, not the lender;(J) A partial lien clause;(K) A provision regarding changes and extras;(L) A provision regarding receipts and releases;(M) A provision specifying that no work has been done prior to execution of the contract;(N) A provision regarding the owner's promises and rights;(O) A provision regarding the owner's duties;(P) A provision regarding the contractor's duties;(Q) A provision regarding the contractor's rights;(R) A provision regarding the trustee's duties;(T) A notice specifying the preservation of claims and defenses;(U) A notice specifying that the owner and the contractor are responsible for meeting the terms of the contract;(W) A provision regarding notice of confidentiality rights.(4) For a promissory note for use in a transaction that allows for withdrawals or multiple advances: (A) An identification clause;(B) A security for payment provision;(C) A definitions section;(E) A late charge provision;(F) A provision for after maturity interest;(H) A provision specifying the finance charge earnings and refund method;(J) A provision contracting for a fee for a dishonored check;(K) A provision specifying the conditions causing default;(L) A provision regarding property insurance;(M) A credit insurance disclosure box;(N) A provision regarding the mailing of notices to the borrower;(O) A provision specifying that the borrower's statements are truthful;(P) A provision regarding the due on sale clause, notice of intent to accelerate, and notice of acceleration;(Q) A provision expressing no waiver of the lender's rights;(R) A collection expenses clause;(S) A provision providing for joint liability;(T) A usury savings clause;(U) A savings clause stating that if any part of the loan agreement is invalid, the rest remains valid;(V) An integration clause stating that the contract supersedes all prior agreements and that the contract may not be changed by oral agreement;(W) A provision specifying that the note is secured by a deed of trust;(X) A provision specifying that federal law and Texas law apply to the contract;(Z) A provision describing the collateral;(AA) A notice regarding the preservation of claims and defenses; and(5) For a deed of trust for use in a transaction that allows for withdrawals or multiple advances: (A) A definitions section;(B) A provision regarding the transfer of rights in the property;(C) A provision regarding late charges and prepayment of principal and interest;(D) A provision regarding the funds for escrow items;(E) A provision regarding charges and liens;(F) A provision regarding property insurance;(G) A provision regarding preservation, maintenance, protection, and inspection of the property;(H) A provision regarding protection of the lender's interest in the property and rights under the deed of trust;(I) A provision regarding the assignment of miscellaneous proceeds and forfeiture;(J) A provision expressing no waiver of the lender's rights;(K) A provision regarding joint and several liability and specifying that the person who signs the contract grants ownership in the homestead and binds the person's successors and assigns;(L) A usury savings clause;(M) A provision regarding the mailing of notices to the borrower;(N) A provision specifying that federal law and Texas law apply to the contract;(O) A provision regarding rules of clause construction;(P) A provision specifying that the licensee will give the borrower a copy of all signed documents at the time the loan agreement is made;(Q) A provision regarding the due on sale clause, notice of intent to accelerate, and notice of acceleration;(R) Lender, contractor, and borrower's promise and agreement;(S) A provision regarding acceleration and remedies;(T) A provision regarding the power of sale;(U) A provision regarding the borrower's right to reinstate after acceleration;(V) A provision regarding the assignment of rents, appointment of receiver, and the lender in possession;(W) A provision regarding release of the lien;(X) A provision regarding trustees and trustee liability;(Y) A provision regarding the assignment of the contractor's lien and commencement of the work;(Z) A provision regarding subrogation;(AA) A provision regarding what happens if the sum secured and other charges violate applicable law;(BB) A provision regarding the renewal and extension of the note secured by the deed of trust;(CC) A provision regarding the sale of the loan, change of loan servicer, notice of grievance, and the lender's right to comply;(DD) A provision regarding hazardous substances;(EE) A provision regarding the lender's rights and the borrower's responsibilities;(FF) A provision regarding default;(GG) A provision regarding the lender and the borrower's request for notice of default and foreclosure under superior mortgages or deeds of trust;(HH) Signature blocks; and(II) A provision regarding notice of confidentiality rights.(b) The provisions described in this section are separate from the TILA-RESPA integrated disclosures required under Regulation Z, 12 C.F.R. §§1026.19, 1026.37 and 1026.38.7 Tex. Admin. Code § 90.602
The provisions of this §90.602 adopted to be effective August 31, 2006, 31 TexReg 6694; amended to be effective January 3, 2008, 32 TexReg 9952; amended to be effective September 9, 2010, 35 TexReg 8104; Amended by Texas Register, Volume 40, Number 44, October 30, 2015, TexReg 7651, eff. 11/5/2015