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A BILL TO BE ENTITLED
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AN ACT
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relating to credit services organizations and extensions of |
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consumer credit facilitated by credit services organizations; |
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increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 393.001, Finance Code, is amended by |
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amending Subdivision (3) and adding Subdivisions (2-a), (3-a), (5), |
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(6), (7), (8), (9), and (10) to read as follows: |
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(2-a) "Credit access business" means a credit services |
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organization that obtains for a consumer or assists a consumer in |
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obtaining an extension of consumer credit. |
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(3) "Credit services organization" means a person who |
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provides, or represents that the person can or will provide, for the |
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payment of valuable consideration any of the following services |
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with respect to the extension of consumer credit by others: |
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(A) improving a consumer's credit history or |
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rating; |
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(B) obtaining an extension of consumer credit for |
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a consumer in the form of a single-payment deferred presentment |
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transaction, a multiple-payment deferred presentment transaction, |
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a single-payment motor vehicle title loan, or a multiple-payment |
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motor vehicle title loan; or |
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(C) providing advice or assistance to a consumer |
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with regard to Paragraph (A) or (B). |
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(3-a) "Deferred presentment transaction" means a |
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single-payment or multiple-payment transaction defined as a |
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deferred presentment transaction by Section 341.001 in connection |
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with which the consumer is not required to provide real or personal |
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property as security. |
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(5) "Motor vehicle title loan" means a single-payment |
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or multiple-payment loan in which an unencumbered motor vehicle is |
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given as the only security for the loan. The term does not include a |
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retail installment transaction under Chapter 348 or another loan |
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made to finance the purchase of a motor vehicle. |
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(6) "Multiple-payment deferred presentment |
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transaction" means a deferred presentment transaction that is not a |
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single-payment deferred presentment transaction. |
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(7) "Multiple-payment motor vehicle title loan" means |
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a motor vehicle title loan that is not a single-payment motor |
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vehicle title loan. |
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(8) "Refinance" means a rollover, renewal, or other |
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type of transaction in which all or a portion of the principal, |
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fees, or interest due under an outstanding extension of consumer |
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credit becomes due on a later date. The term includes a new |
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extension of consumer credit that: |
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(A) consists of debt arising from principal, |
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fees, or interest that was not paid in full under an outstanding or |
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previous extension of consumer credit; or |
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(B) is made on or before the seventh day after the |
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date a previous extension of consumer credit that a credit access |
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business obtained for a consumer or assisted a consumer in |
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obtaining was paid in full. |
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(9) "Single-payment deferred presentment transaction" |
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means a deferred presentment transaction for which the entire cash |
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advance, interest, and fees are required under the terms of the |
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transaction to be payable in a single payment. |
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(10) "Single-payment motor vehicle title loan" means a |
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motor vehicle title loan for which the entire principal, interest, |
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and fees are required under the terms of the loan to be payable in a |
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single payment. |
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SECTION 2. Subchapter A, Chapter 393, Finance Code, is |
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amended by adding Section 393.004 to read as follows: |
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Sec. 393.004. EFFECT ON MUNICIPAL ORDINANCES. (a) This |
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chapter does not preempt a municipal ordinance regulating a credit |
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access business or any form of an extension of consumer credit that |
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a credit access business is authorized to obtain for a consumer or |
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assist a consumer in obtaining as provided by Section 393.308. |
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(b) If a municipal ordinance described by Subsection (a) |
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conflicts with a provision of this chapter regulating a credit |
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access business or an extension of consumer credit described by |
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Subsection (a), the more stringent regulation controls to the |
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extent of the conflict. |
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SECTION 3. Section 393.201(c), Finance Code, is amended to |
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read as follows: |
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(c) A contract with a credit access business[, as defined by |
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Section 393.601,] for the performance of services described by |
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Section 393.602(a) must, in addition to the requirements of |
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Subsection (b) and Section 393.302: |
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(1) contain a statement that there is no prepayment |
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penalty; |
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(2) contain a statement that a credit access business |
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must comply with Chapter 392 and the federal Fair Debt Collection |
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Practices Act (15 U.S.C. Section 1692 et seq.) with respect to an |
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extension of consumer credit [described by Section 393.602(a)]; |
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(3) contain a statement that a person may not threaten |
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or pursue criminal charges against a consumer related to a check or |
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other debit authorization provided by the consumer as security for |
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a transaction in the absence of forgery, fraud, theft, or other |
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criminal conduct; |
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(4) contain a statement that a credit access business |
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must comply, to the extent applicable, with 10 U.S.C. Section 987 |
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and any regulations adopted under that law with respect to an |
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extension of consumer credit [described by Section 393.602(a)]; |
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(5) disclose to the consumer: |
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(A) the lender from whom the extension of |
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consumer credit is obtained; |
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(B) the interest paid or to be paid to the lender; |
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and |
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(C) the specific fees that will be paid to the |
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credit access business for the business's services; and |
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(6) contain the name and address of the Office of |
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Consumer Credit Commissioner and the telephone number of the |
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office's consumer helpline. |
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SECTION 4. Section 393.203, Finance Code, is amended to |
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read as follows: |
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Sec. 393.203. ISSUANCE OF CONTRACT AND OTHER DOCUMENTS. |
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(a) A credit services organization shall give to the consumer, when |
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the document is signed, a copy of the completed contract and any |
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other document the organization requires the consumer to sign. |
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(b) The contract and other documents provided by a credit |
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access business to a consumer under this section in relation to an |
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extension of consumer credit must be: |
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(1) provided before signing wholly written: |
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(A) in English; and |
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(B) if the contract negotiations are not |
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conducted in English, in the language in which the contract is |
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negotiated; and |
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(2) before signing, read in their entirety in the |
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language in which the contract is negotiated to any consumer who |
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cannot read. |
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SECTION 5. Section 393.223, Finance Code, is amended by |
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amending Subsection (a) and adding Subsection (b-1) to read as |
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follows: |
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(a) Before performing services described by Section |
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393.602(a) [393.221(1)], a credit access business must provide to a |
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consumer a written disclosure adopted by rule of the Finance |
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Commission of Texas [that discloses the following] in a form |
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prescribed by the commission that: |
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(1) discloses the interest, fees, and annual |
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percentage rates, as applicable, to be charged on a deferred |
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presentment transaction or on a motor vehicle title loan, as |
|
applicable, in comparison to interest, fees, and annual percentage |
|
rates to be charged on other alternative forms of consumer debt; |
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(2) discloses the amount of accumulated fees a |
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consumer would incur by renewing or refinancing a deferred |
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presentment transaction or motor vehicle title loan that remains |
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outstanding for a period of two weeks, one month, two months, and |
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three months; [and] |
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(3) provides information regarding the typical |
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pattern of repayment of deferred presentment transactions and motor |
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vehicle title loans; and |
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(4) references nonprofit agencies that provide |
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financial education and training or cash assistance to borrowers. |
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(b-1) The disclosure and notice required by this section |
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must be: |
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(1) available in English and Spanish at each location |
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at which the credit access business performs services described by |
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Section 393.602(a); and |
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(2) provided to a consumer wholly written, and read in |
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their entirety at the time provided to any consumer who cannot read, |
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in the language in which the contract is negotiated. |
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SECTION 6. Subchapter D, Chapter 393, Finance Code, is |
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amended by adding Section 393.308 to read as follows: |
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Sec. 393.308. PROHIBITION ON OBTAINING CERTAIN EXTENSIONS |
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OF CONSUMER CREDIT. A credit services organization may not obtain |
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for a consumer or assist a consumer in obtaining an extension of |
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consumer credit in any form other than in the form of a |
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single-payment deferred presentment transaction, a |
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multiple-payment deferred presentment transaction, a |
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single-payment motor vehicle title loan, or a multiple-payment |
|
motor vehicle title loan. |
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SECTION 7. Section 393.501, Finance Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Each day of a continuing violation of a provision of |
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Subchapter C-1 or G constitutes a separate offense. |
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SECTION 8. Section 393.602(a), Finance Code, is amended to |
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read as follows: |
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(a) This subchapter applies only to a credit services |
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organization that obtains for a consumer or assists a consumer in |
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obtaining an extension of consumer credit [in the form of: |
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[(1) a deferred presentment transaction; or |
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[(2) a motor vehicle title loan]. |
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SECTION 9. Section 393.604(a), Finance Code, is amended to |
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read as follows: |
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(a) An application for a license under this subchapter must: |
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(1) be under oath; |
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(2) contain the applicant's name and the street |
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address, mailing address, facsimile number, and telephone number of |
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the applicant at the location for which the license is sought; |
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(3) give the approximate location from which the |
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business is to be conducted; |
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(4) [(3)] identify the business's principal parties in |
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interest; |
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(5) [(4)] contain the name, physical address, and |
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telephone number of all third-party lender organizations: |
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(A) with which the business contracts to provide |
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services described by Section 393.602(a); or |
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(B) from which the business arranges extensions |
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of consumer credit [described by Section 393.602(a)]; and |
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(6) [(5)] contain other relevant information that the |
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commissioner requires for the findings required under Section |
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393.607. |
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SECTION 10. Section 393.620, Finance Code, is amended to |
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read as follows: |
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Sec. 393.620. TRANSFER OR ASSIGNMENT OF LICENSE PROHIBITED. |
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A license may not be transferred or assigned [only with the approval |
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of the commissioner]. |
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SECTION 11. Sections 393.622(a) and (b), Finance Code, are |
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amended to read as follows: |
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(a) The finance commission may: |
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(1) adopt rules necessary to enforce and administer |
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this subchapter; |
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(2) adopt rules with respect to the quarterly |
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reporting by a credit access business licensed under this |
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subchapter of summary business information relating to extensions |
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of consumer credit the business obtained for a consumer or assisted |
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a consumer in obtaining [described by Section 393.602(a)]; and |
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(3) adopt rules with respect to periodic examination |
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by the office relating to extensions of consumer credit the |
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business obtained for a consumer or assisted a consumer in |
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obtaining [described by Section 393.602(a)], including rules |
|
related to charges for defraying the reasonable cost of conducting |
|
the examinations. |
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(b) The finance commission may adopt rules under this |
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section to allow the commissioner to review, as part of a periodic |
|
examination, any relevant contracts between the credit access |
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business and the third-party lender organizations with which the |
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credit access business contracts to provide services described by |
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Section 393.602(a) or from which the business arranges extensions |
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of consumer credit [described by Section 393.602(a)]. A contract |
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or information obtained by the commissioner under this section is |
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considered proprietary and confidential to the respective parties |
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to the contract, and is not subject to disclosure under Chapter 552, |
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Government Code. |
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SECTION 12. Sections 393.625, 393.626, and 393.627, Finance |
|
Code, are amended to read as follows: |
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Sec. 393.625. MILITARY BORROWERS. An extension of consumer |
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credit [described by Section 393.602(a)] that is obtained by a |
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credit access business for a member of the United States military or |
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a dependent of a member of the United States military or that the |
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business assisted that person in obtaining must comply with 10 |
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U.S.C. Section 987 and any regulations adopted under that law, to |
|
the extent applicable. |
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Sec. 393.626. DEBT COLLECTION PRACTICES. A violation of |
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Chapter 392 by a credit access business [with respect to an |
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extension of consumer credit described by Section 393.602(a)] |
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constitutes a violation of this subchapter. |
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Sec. 393.627. QUARTERLY REPORT TO COMMISSIONER. A credit |
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access business shall file a quarterly report with the commissioner |
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on a form prescribed by the commissioner that provides the |
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following information relating to extensions of consumer credit |
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[described by Section 393.602(a)] during the preceding quarter: |
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(1) the number of consumers for whom the business |
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obtained or assisted in obtaining those extensions of consumer |
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credit; |
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(2) the number of those extensions of consumer credit |
|
obtained by the business or that the business assisted consumers in |
|
obtaining; |
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(3) the number of refinancing transactions of the |
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extensions of consumer credit described by Subdivision (2); |
|
(4) the number of consumers refinancing the extensions |
|
of consumer credit described by Subdivision (2); |
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(5) the number of consumers refinancing more than once |
|
the extensions of consumer credit described by Subdivision (2); |
|
(6) the average amount of the extensions of consumer |
|
credit described by Subdivision (2); |
|
(7) the total amount of fees charged by the business |
|
for the activities described by Subdivision (1); |
|
(8) the number of vehicles surrendered or repossessed |
|
under the terms of an extension of consumer credit in the form of a |
|
motor vehicle title loan obtained by the business or that the |
|
business assisted a consumer in obtaining; |
|
(9) the mean, median, and mode of the number of |
|
extensions of consumer credit obtained by consumers as a result of |
|
entering into the extensions of consumer credit described by |
|
Subdivision (2); and |
|
(10) any related information the commissioner |
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determines necessary. |
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SECTION 13. Subchapter G, Chapter 393, Finance Code, is |
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amended by adding Sections 393.629 through 393.637 to read as |
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follows: |
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Sec. 393.629. GENERAL LIMITATIONS ON EXTENSIONS OF CONSUMER |
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CREDIT; PAYMENT METHOD. (a) The provisions of this chapter |
|
applicable to a credit access business apply to any consumer |
|
physically located in this state at the time the extension of |
|
consumer credit is made, regardless of whether the extension of |
|
consumer credit was made in person in this state. |
|
(b) A credit access business shall accept a payment made in |
|
cash or by electronic transfer, cashier's check, teller's check, or |
|
money order offered by the consumer or another party, to retire or |
|
otherwise pay down debt incurred under an extension of consumer |
|
credit that a credit access business obtained for a consumer or |
|
assisted a consumer in obtaining under this chapter. |
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Sec. 393.630. ESTABLISHMENT OF INCOME. A credit access |
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business must require documentation to establish a consumer's |
|
income for purposes of this subchapter. The only acceptable forms |
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of documentation are paper, facsimile, or electronic copies of: |
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(1) a payroll document; |
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(2) a paycheck; |
|
(3) a bank, credit union, debit card, or other account |
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statement; |
|
(4) a report from a nationally or regionally |
|
recognized credit and data reporting company; |
|
(5) Internal Revenue Service Form W-2 from the |
|
preceding year; |
|
(6) the income tax return from the preceding tax year; |
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or |
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(7) a signed letter from the consumer's employer at the |
|
time the extension of consumer credit is sought. |
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Sec. 393.631. SINGLE-PAYMENT DEFERRED PRESENTMENT |
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TRANSACTION. (a) The sum of all fees, principal, interest, and |
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other amounts due under an extension of consumer credit in the form |
|
of a single-payment deferred presentment transaction that a credit |
|
access business obtains for a consumer or assists a consumer in |
|
obtaining may not exceed 20 percent of the consumer's gross monthly |
|
income. |
|
(b) An extension of consumer credit in the form of a |
|
single-payment deferred presentment transaction that a credit |
|
access business obtains for a consumer or assists a consumer in |
|
obtaining may not be refinanced more than three times. An amount |
|
from each payment of a refinanced deferred presentment transaction |
|
described by this subsection must be used to repay at least 25 |
|
percent of the principal amount of the original debt. |
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Sec. 393.632. MULTIPLE-PAYMENT DEFERRED PRESENTMENT |
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TRANSACTION. (a) The sum of all fees, principal, interest, and |
|
other amounts due under all scheduled payments of an extension of |
|
consumer credit in the form of a multiple-payment deferred |
|
presentment transaction that a credit access business obtains for a |
|
consumer or assists a consumer in obtaining may not exceed 20 |
|
percent of the consumer's gross monthly income. |
|
(b) An extension of consumer credit in the form of a |
|
multiple-payment deferred presentment transaction that a credit |
|
access business obtains for a consumer or assists a consumer in |
|
obtaining and all fees associated with the debt may not be payable |
|
by the consumer in more than four installments. An amount from each |
|
payment must be used to repay at least 25 percent of the principal |
|
amount of the debt. |
|
(c) An extension of consumer credit in the form of a |
|
multiple-payment deferred presentment transaction that a credit |
|
access business obtains for a consumer or assists a consumer in |
|
obtaining may not be refinanced. |
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Sec. 393.633. SINGLE-PAYMENT MOTOR VEHICLE TITLE LOAN. (a) |
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The sum of all fees, principal, interest, and other amounts due |
|
under an extension of consumer credit in the form of a |
|
single-payment motor vehicle title loan that a credit access |
|
business obtains for a consumer or assists a consumer in obtaining |
|
may not exceed the lesser of: |
|
(1) three percent of the consumer's gross annual |
|
income; or |
|
(2) 70 percent of the retail value of the motor vehicle |
|
securing the debt. |
|
(b) An extension of consumer credit in the form of a |
|
single-payment motor vehicle title loan that a credit access |
|
business obtains for a consumer or assists a consumer in obtaining |
|
may not be refinanced more than three times. An amount from each |
|
payment of a refinanced motor vehicle title loan described by this |
|
subsection must be used to repay at least 25 percent of the |
|
principal amount of the original debt. |
|
Sec. 393.634. MULTIPLE-PAYMENT MOTOR VEHICLE TITLE LOAN. |
|
(a) The sum of all fees, principal, interest, and other amounts due |
|
under all scheduled payments of an extension of consumer credit in |
|
the form of a multiple-payment motor vehicle title loan that a |
|
credit access business obtains for a consumer or assists a consumer |
|
in obtaining may not exceed the lesser of: |
|
(1) three percent of the consumer's gross annual |
|
income; or |
|
(2) 70 percent of the retail value of the motor vehicle |
|
securing the debt. |
|
(b) An extension of consumer credit in the form of a |
|
multiple-payment motor vehicle title loan that a credit access |
|
business obtains for a consumer or assists a consumer in obtaining |
|
and all fees associated with the debt may not be payable by the |
|
consumer in more than four installments. An amount from each |
|
payment must be used to repay at least 25 percent of the principal |
|
amount of the debt. |
|
(c) An extension of consumer credit in the form of a |
|
multiple-payment motor vehicle title loan that a credit access |
|
business obtains for a consumer or assists a consumer in obtaining |
|
may not be refinanced. |
|
Sec. 393.635. REFINANCES. (a) Any refinance of an |
|
extension of consumer credit that a credit access business obtains |
|
for a consumer or assists a consumer in obtaining: |
|
(1) must be authorized under this subchapter; |
|
(2) must be in the same form as the original extension |
|
of consumer credit; and |
|
(3) must meet all the requirements applicable to the |
|
original extension of consumer credit, including the duration, |
|
transaction, and applicable income-based or vehicle value-based |
|
limitations under Section 393.631(a) or 393.633(a). |
|
(b) For purposes of this section, a single-payment deferred |
|
presentment transaction, a multiple-payment deferred presentment |
|
transaction, a single-payment motor vehicle title loan, and a |
|
multiple-payment motor vehicle title loan are the different forms |
|
of extensions of consumer credit that a credit access business may |
|
obtain for a consumer or assist a consumer in obtaining. |
|
(c) A person may not use a device, subterfuge, or pretense |
|
to evade the refinance requirements and limitations imposed on a |
|
credit access business under this subchapter. |
|
Sec. 393.636. MAINTENANCE OF RECORDS. (a) A credit access |
|
business shall maintain a complete set of records of all extensions |
|
of consumer credit obtained for consumers by the business or that |
|
the business assisted consumers in obtaining. The record |
|
pertaining to each extension of consumer credit must be retained |
|
until the third anniversary of the date the extension of consumer |
|
credit was obtained and must include: |
|
(1) the name and address of the consumer; |
|
(2) the principal amount of the cash advance or loan; |
|
(3) the length of the original term of the extension of |
|
consumer credit, the number of installments or refinances, if |
|
applicable, and the length of the term of any refinance; |
|
(4) the fees charged by the credit access business for |
|
obtaining for a consumer or assisting the consumer in obtaining the |
|
extension of consumer credit; and |
|
(5) the documentation used to establish a consumer's |
|
income under Section 393.630. |
|
(b) A credit access business shall retain a copy of each |
|
written agreement between the business and a consumer pertaining to |
|
an extension of consumer credit, including any agreement regarding |
|
refinancing an extension of consumer credit, until the third |
|
anniversary of the date on which the agreement was entered into. |
|
(c) A credit access business shall retain a copy of each |
|
report filed under Section 393.627 until the third anniversary of |
|
the date on which the report was filed. |
|
(d) A record described by this section must be available for |
|
inspection on request by the office during the normal business |
|
hours of the credit access business. |
|
Sec. 393.637. RULES. The finance commission shall adopt |
|
any rules necessary to implement Sections 393.629-393.636. |
|
SECTION 14. The following laws are repealed: |
|
(1) Section 393.221, Finance Code; and |
|
(2) Sections 393.601(2), (3), and (5), Finance Code. |
|
SECTION 15. The changes in law made by this Act apply only |
|
to an extension of consumer credit made on or after the effective |
|
date of this Act. An extension of consumer credit made before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the extension of consumer credit was made, and the former law |
|
is continued in effect for that purpose. For purposes of this |
|
section, a refinance of an extension of consumer credit is |
|
considered made on the date the extension of consumer credit being |
|
refinanced was made. |
|
SECTION 16. (a) The change in law made by this Act to |
|
Section 393.223, Finance Code, applies only to a disclosure or |
|
notice provided by a credit access business on or after January 1, |
|
2018. A disclosure or notice provided by a credit access business |
|
before January 1, 2024, is governed by Section 393.223, Finance |
|
Code, as that section existed immediately before the effective date |
|
of this Act, and that law is continued in effect for that purpose. |
|
(b) The Finance Commission of Texas shall adopt rules |
|
prescribing forms under Section 393.223(a), Finance Code, as |
|
amended by this Act, not later than November 1, 2023. |
|
SECTION 17. Section 393.636, Finance Code, as added by this |
|
Act, applies only to a record created on or after the effective date |
|
of this Act. A record created before the effective date of this Act |
|
is governed by the law in effect when the record was created, and |
|
the former law is continued in effect for that purpose. |
|
SECTION 18. This Act takes effect September 1, 2023. |