We have made the decision to retire our Texas High-Cost Loan Disclosure, Cx3591, which is associated with Tex. Fin. Code § 343.102(a). That statute was enacted with a sunset provision stating that “this section expires September 1, 2003.” Although the Legislature later repealed the sunset clause, the repeal became effective after the expiration date, and the Legislature did not reenact the underlying disclosure requirement. As a result, § 343.102(a) is generally understood to no longer be in effect. This is evidenced by the fact that the Texas Constitution and Statutes website includes this disclaimer before § 343:
Notwithstanding the approval by the voters on Sept. 13, 2003, of the constitutional amendment authorizing the continuation of this section, this section expired as provided by Subsection (b) on Sept. 1, 2003.
We recognize that some clients continue to view this disclosure as needed in practice, in part because the statutory text of § 343.102(a) still appears in secondary research platforms such as Lexis and Westlaw. However, there is no clear statutory, regulatory, or agency authority affirmatively stating that the disclosure remains mandatory, and the Finance Commission rule and model form that once implemented the disclosure are no longer in effect.
Because of these facts, the decision has been made to retire Cx3591. We will keep it in our library as a custom document. Clients with custom configurations are being assigned to the document and will continue to print the disclosure. As with all custom documents, clients will now be responsible for the configurations and contents of the document.
This change is intended to align our documentation with current Texas law while recognizing the historical context that has contributed to differing interpretations.
These changes are available for testing on Stage & Stage 2 servers and will take effect on December 24, 2025. If you have any questions or concerns about these changes, please contact Client Support at 1.800.497.3584.
LEG-3503
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