By D. Smith of Harris                                 H.B. No. 2127
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the definition of interest; certain penalties for
    1-3  receipt of interest in an amount that produces a rate in excess of
    1-4  the maximum rate; agreements to pay interest in an amount that
    1-5  produces a rate in excess of the maximum rate; determinations
    1-6  whether the amount of interest received produces a rate in excess
    1-7  of the maximum rate; determinations of the amount of interest
    1-8  received; contracting for, charging, or receipt of time price
    1-9  differentials; the enforceability of agreements to pay prepayment
   1-10  premiums; and expenses that may be charged and received in
   1-11  connection with making, renewing, or extending certain loans.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Article 5069-1.01, chapter 1, title 79, Revised
   1-14  Civil Statutes of Texas, 1925, is amended to read as follows:
   1-15  Art. 5069-1.01.  Definitions
   1-16        The following terms used in this Subtitle shall have the
   1-17  following meanings.
   1-18        (a)  "Interest" <is the> means compensation <allowed by law>
   1-19  for the use <or>, forbearance, or detention of money; provided,
   1-20  however, <this term shall not include any time price differential
   1-21  however denominated arising out of a credit sale> that this
   1-22  definition is subject to the provisions of Articles 1.13, 1.14,
   1-23  1.15, and 1.16 of this Title.
    2-1        (b)  "Legal <I>interest" <is that> means interest <which is
    2-2  allowed by law> when an obligor has not agreed to pay to a creditor
    2-3  any compensation that constitutes <the parties to a contract have
    2-4  not agreed on any particular rate of> interest; provided, however,
    2-5  that the term shall not include judgment interest.
    2-6        (c)  "Conventional <I>interest" <is that> means interest when
    2-7  an obligor has agreed to pay to a creditor any compensation that
    2-8  constitutes interest; provided, however, that the term shall not
    2-9  include judgment interest <which is agreed upon and fixed by the
   2-10  parties to a written contract>.  For purposes of this Subtitle, a
   2-11  promise by an obligor to pay to a creditor any compensation that
   2-12  constitutes interest shall constitute an agreement by the obligor
   2-13  to pay interest to the creditor regardless of whether that
   2-14  agreement is unenforceable by the creditor under this Subtitle or
   2-15  any other provision of law.  If an obligor has agreed to pay to a
   2-16  creditor any compensation that constitutes interest, the obligor
   2-17  shall be deemed to have agreed upon the rate produced by the amount
   2-18  of that interest, whether or not that rate is stated in the
   2-19  agreement.
   2-20        (d)  <"Usury" is interest in excess of the amount allowed by
   2-21  law.>  "Creditor" means a person that loans money or otherwise
   2-22  extends credit; provided, however, that the term shall not include
   2-23  a judgment creditor.
   2-24        (e)  "Person" means an individual, partnership, corporation,
   2-25  joint venture, limited liability company, trust, association, or
    3-1  <any> other legal entity, however organized.
    3-2        (f)  "Open-end <A>account" means any account<, under> created
    3-3  pursuant to a written contract under which <the> a creditor may
    3-4  permit <the> an obligor to make purchases or borrow money from time
    3-5  to time, and under which interest or time price differential may
    3-6  from time to time be computed on an outstanding unpaid balance.
    3-7  The term includes, but is not limited to, accounts under agreements
    3-8  described by Section (4)<,> of Article 3.15; Section (4)<,> of
    3-9  Article 4.01; and Chapters 6 and 15 of this Title.
   3-10        (g)  "Credit <C>card <T>transaction" means a transaction in
   3-11  which a card is or may be used to debit an open-end account in
   3-12  connection with the purchase or lease of goods or services or the
   3-13  lending of money, which card is or may be used for personal,
   3-14  family, or household use.
   3-15        (h)  "Merchant <D>discount" means any charge, fee, discount,
   3-16  compensating balance, or other consideration imposed by a creditor
   3-17  on or received directly or indirectly by the creditor from any
   3-18  seller or lessor of goods or services in connection with a credit
   3-19  card transaction under a lender credit card agreement between <the
   3-20  customer> an obligor and the creditor.  The term includes any
   3-21  consideration whatsoever received by <a> the creditor from any
   3-22  person other than the obligor in connection with a credit card
   3-23  transaction under a lender credit card agreement between the
   3-24  obligor and the creditor.  Any such consideration received by a
   3-25  subsidiary of the creditor or parent company of the creditor or any
    4-1  subsidiary of the creditor's parent company shall be deemed to have
    4-2  been received by the creditor <in determining if any such
    4-3  consideration has been received by the creditor>.
    4-4        (i)  "Lender <C>credit <C>card <A>agreement" means an
    4-5  agreement between a creditor (other than the seller or lessor) and
    4-6  an obligor under which credit is or may be extended for personal,
    4-7  family, or household use and under which:  (1)  by means of a
    4-8  credit card, the obligor may obtain loans from the creditor, which
    4-9  may be advanced by other participating persons, and may lease or
   4-10  purchase goods or services from more than one participating lessor
   4-11  or seller who honor the creditor's card, and the creditor or some
   4-12  other person acting in cooperation with the creditor will reimburse
   4-13  the other participating persons, lessors, or sellers for the goods
   4-14  or services purchased or leased, and the obligor is obligated under
   4-15  his or her agreement with the creditor to pay the creditor the
   4-16  amount of such loans or the costs of such leases or purchases;
   4-17  (2)  the unpaid balance of such loans, leases, and purchases and
   4-18  any interest thereon are debited to the obligor's account with the
   4-19  creditor under the obligor's agreement with the creditor;
   4-20  (3)  interest is not precomputed but may be computed on the
   4-21  balances of the obligor's account outstanding with the creditor
   4-22  from time to time; and (4)  the obligor may defer payment of any
   4-23  part of the balance.  The term includes all agreements for open-end
   4-24  accounts authorized or defined under Articles 3.15(4), 4.01(4),
   4-25  15.01(k), and 15.01(l) of this Title pursuant to which credit card
    5-1  transactions as defined in <Article 1.01> Section (g) of this
    5-2  <Title> Article may be made or in connection with which a merchant
    5-3  discount as defined in <Article 1.01> Section (h) of this <Title>
    5-4  Article is imposed or received by the creditor.  The term does not
    5-5  include an open-end account credit agreement between a seller or
    5-6  lessor and its own buyer or lessee.  The term does not include
    5-7  agreements under which the entire balance is due and payable in
    5-8  full each month and no interest is charged when the obligor pays in
    5-9  accordance with such terms.
   5-10        (j)  "Obligor" means a person to whom or which money is
   5-11  loaned or credit is otherwise extended; provided, however, that the
   5-12  term shall not include (1) a judgment debtor or (2) a surety,
   5-13  guarantor, or the like.
   5-14        (k)  "Judgment interest" means interest on a money judgment,
   5-15  whether such interest accrues before, on, or after the date the
   5-16  judgment is rendered.  For purposes of this Subtitle, the term
   5-17  "money judgment" includes legal interest or conventional interest,
   5-18  if any, that is payable to a judgment creditor pursuant to a
   5-19  judgment.
   5-20        (l)  "Loan" means a loan of money or other extension of
   5-21  credit if (1) the obligor has contracted to pay to the creditor the
   5-22  principal amount of such loan or other extension of credit and (2)
   5-23  that contract is unconditional; provided, however, that the term
   5-24  shall not include a judgment.
   5-25        (m)  "Commercial loan" means a loan that is made primarily
    6-1  for business, commercial, investment, agricultural, or other
    6-2  similar purposes; provided, however, that the term shall not
    6-3  include a loan that is made primarily for personal, family, or
    6-4  household use.
    6-5        (n)  "Prepayment premium" means compensation that:
    6-6        (1)  is or will become due and payable, or was paid, by an
    6-7  obligor to a creditor solely as a result of, or as a condition to,
    6-8  the payment or maturity of all or a portion of the principal amount
    6-9  of a loan prior to its stated maturity or its regularly scheduled
   6-10  date or dates of payment, whether as a result of (A) acceleration
   6-11  of maturity upon a declaration by the creditor or otherwise, (B)
   6-12  any election by the obligor to pay all or a portion of such
   6-13  principal amount prior to its stated maturity or its regularly
   6-14  scheduled date or dates of payment, or (C) the happening of a
   6-15  contingency; and
   6-16        (2)  is not denominated by the creditor as principal or
   6-17  interest; provided, however, that the term shall not include
   6-18  judgment interest.
   6-19        (o)  "Time price differential" means an amount, however
   6-20  denominated, that:
   6-21        (1)  is added to the price at which a seller offers to sell
   6-22  services or real or personal property to a purchaser for cash
   6-23  payable at the time of sale; and
   6-24        (2)  is paid or payable to the seller by the purchaser for
   6-25  the privilege of paying such price after such time.
    7-1        (p)  "Guaranty" means an agreement pursuant to which an
    7-2  obligor:
    7-3        (1)  assumes, guarantees, or otherwise becomes primarily or
    7-4  contingently liable for the payment or performance of an obligation
    7-5  of another person;
    7-6        (2)  provides security for such payment or performance,
    7-7  whether through the creation of a lien or security interest or
    7-8  otherwise; or
    7-9        (3)  agrees to purchase, or to advance consideration to
   7-10  purchase, such obligation or any property constituting security for
   7-11  such payment or performance.
   7-12        (q)  "Affiliate" of an obligor means a person that directly
   7-13  or indirectly, through one or more intermediaries, controls, is
   7-14  controlled by, or is under common control with the obligor.  The
   7-15  term "control" means the possession, directly or indirectly, of the
   7-16  power to direct or cause the direction of the management and
   7-17  policies of a person, whether through the ownership of voting
   7-18  securities, by contract, or otherwise.
   7-19        (r)  "Late payment charge" means compensation that:
   7-20        (1)  is or will become due and payable, or was paid, by an
   7-21  obligor to a creditor solely as a result of the fact that a regular
   7-22  installment was not paid to the creditor at or before the time such
   7-23  regular installment first became due and payable; and
   7-24        (2)  is not denominated by the creditor as principal or
   7-25  interest; provided, however, that the term shall not include
    8-1  judgment interest.  For purposes of this Subtitle, the term
    8-2  "regular installment" means an amount of money (other than a late
    8-3  payment charge) paid or payable by an obligor to a creditor
    8-4  pursuant to an agreement in which the obligor has agreed to pay to
    8-5  the creditor interest that is denominated as such by the creditor.
    8-6        (s)  "Business entity" means a partnership, corporation,
    8-7  joint venture, limited liability company, or other business
    8-8  organization, however organized.
    8-9        (t)  "Loan expenses", in connection with any loan, means the
   8-10  expenses incurred by a creditor, either for its own account or for
   8-11  the account of itself and other creditors, in documenting, making,
   8-12  closing, disbursing, extending, or renewing such loan.  Such
   8-13  expenses may include, but shall not be limited to, fees and
   8-14  expenses of legal counsel for the creditor and of appraisers or
   8-15  other persons retained by the creditor for the purpose of
   8-16  determining whether to make such loan.
   8-17        (u)  "Contract interest" means conventional interest, whether
   8-18  or not denominated as interest, than an obligor has agreed to pay
   8-19  to a creditor.
   8-20        (v)  "Qualified commercial loan" means:
   8-21        (1)  a commercial loan in the original principal amount of
   8-22  $250,000 or more; or
   8-23        (2)  any renewal or extension of such a loan, whether  or not
   8-24  the principal amount of such loan at the time of its renewal or
   8-25  extension is $250,000 or more.
    9-1        (w)  "Judgment creditor" means a person to whom or which a
    9-2  money judgment is payable.
    9-3        (x)  "Judgment debtor" means a person who or which is
    9-4  obligated to pay a money judgment.
    9-5        SECTION 2.  Article 5069-1.02, chapter 1, title 79, Revised
    9-6  Civil Statutes of Texas, 1925, is amended to read as follows:
    9-7  Art. 5069-1.02.  Conventional interest or time price differential
    9-8  allowed; <M>maximum rate<s> of conventional interest unless
    9-9  otherwise fixed by law
   9-10        (a)  A creditor shall be allowed to contract for, charge, and
   9-11  receive from an obligor conventional interest or a time price
   9-12  differential.
   9-13        (b)  Except as otherwise fixed by law, the maximum rate of
   9-14  conventional interest shall be ten percent <per annum> a year.  <A
   9-15  greater rate of interest than ten percent per annum unless
   9-16  otherwise authorized by law shall be deemed usurious.  All
   9-17  contracts for usury are contrary to public policy and shall be
   9-18  subject to the appropriate penalties prescribed in Article 1.06 of
   9-19  this Subtitle.>
   9-20        SECTION 3.  Article 5069-1.03, chapter 1, title 79, Revised
   9-21  Civil Statutes of Texas, 1925, is amended to read as follows:
   9-22  Art. 5069-1.03.  Legal interest allowed; maximum rate <applicable>
   9-23  of legal interest
   9-24        (a)  Unless a creditor has agreed with an obligor not to
   9-25  charge the obligor any interest, the creditor shall be allowed to
   10-1  charge and receive from the obligor legal interest on the principal
   10-2  amount of the credit extended by the creditor to the obligor.
   10-3        (b)  <When no specified rate of interest is agreed upon by
   10-4  the parties,> The maximum rate of legal interest <at the rate of>
   10-5  is hereby fixed at six percent <per annum> a year <shall be allowed
   10-6  on all accounts and contracts ascertaining the sum payable,>
   10-7  commencing on the <thirtieth (>30th<)> day <from and> after the
   10-8  <time> date <when the sum is> the principal amount first became due
   10-9  and payable.
  10-10        SECTION 4.  Article 5069-1.04, chapter 1, title 79, Revised
  10-11  Civil Statutes of Texas, 1925, is amended to read as follows:
  10-12  Art. 5069-1.04.  <Limit on> Maximum rate of conventional interest;
  10-13  maximum rate produced by a time price differential pursuant to
  10-14  certain agreements
  10-15        (a)  Both (i) the maximum rate of conventional interest, and
  10-16  (ii) the maximum rate produced by a time price differential
  10-17  pursuant to an agreement described in Chapter 6, 6A, or 7 of this
  10-18  Title, are hereby fixed at <The parties to any written contract may
  10-19  agree to and stipulate for any rate of interest, or in an agreement
  10-20  described in Chapter 6, 6A, or 7 of this Title, any rate or amount
  10-21  of time price differential producing a rate, that does not exceed>:
  10-22        (1)  an indicated rate ceiling that is the auction average
  10-23  rate quoted on a bank discount basis for 26-week treasury bills
  10-24  issued by the United States government, as published by the Federal
  10-25  Reserve Board, for the week preceding the week in which the rate is
   11-1  contracted for, multiplied by two, and rounded to the nearest
   11-2  one-quarter of one percent; or, as an alternative,
   11-3        (2)  an annualized or quarterly ceiling that is the average
   11-4  of the computations under Subsection (1) of this section and is
   11-5  computed pursuant to Section (d) of this Article.
   11-6        (b)(1)  If a computation under Section (a)(1), (a)(2), or (c)
   11-7  of this Article is less than 18 percent a year, the ceiling under
   11-8  that provision is 18 percent a year.  If a computation under
   11-9  Section (a)(1), (a)(2), or (c) of this Article is more than 24
  11-10  percent a year, the ceiling under that provision is 24 percent a
  11-11  year.
  11-12        (2)  Notwithstanding the provisions of Subsection (1) of this
  11-13  Section (b), in the case of any qualified commercial loan <on any
  11-14  contract under which credit in an amount in excess of $250,000 is
  11-15  or is to be extended, or any extension or renewal of such contract,
  11-16  and under which the credit is extended for business, commercial,
  11-17  investment, or other similar purpose, but excluding any contract
  11-18  that is not for any of those purposes and is primarily for
  11-19  personal, family, household, or agricultural use>, the 24 percent
  11-20  limitation on the ceilings in Section (b)(1) above that is
  11-21  applicable to the computations under Section (a)(1), (a)(2), or (c)
  11-22  of this Article shall not apply, and the limitation on the ceilings
  11-23  determined by those computations shall be 28 percent a year.
  11-24        (3)  References in this Article to the indicated rate
  11-25  ceiling, annualized ceiling, quarterly ceiling, or monthly ceiling
   12-1  mean such a ceiling as modified by this Section (b).
   12-2        (4)  Any credit agreement described in Section (a), Article
   12-3  1.11, of this Title is subject to the terms, ceilings, and other
   12-4  provisions of that Article and, except as limited by Article 1.11,
   12-5  to the terms, ceilings, and other provisions of this Article.
   12-6        (5)  Notwithstanding any other provision of law, on any
   12-7  lender credit card agreement in connection with which a merchant
   12-8  discount as defined in Article 1.01(h) of this Title is imposed or
   12-9  received by the creditor, the creditor may not contract for,
  12-10  charge, or receive, on any amount owed for any credit card
  12-11  transaction, a rate in excess of the ceiling allowed under Article
  12-12  15.02(d) of this Title (which ceiling shall be adjusted in
  12-13  accordance with Article 15.02(d)) or any other fees or charges
  12-14  which are not authorized under Chapter 15 of this Title or which
  12-15  are in excess of the amounts authorized under Chapter 15.
  12-16        (6)  Notwithstanding Article 15.10 of this Title, any lender
  12-17  credit card agreement in which the creditor is a bank, savings and
  12-18  loan association, or authorized lender under Chapter 3 of this
  12-19  Title is subject to Chapter 15 of this Title and Article 15.02(d)
  12-20  thereof.
  12-21        (7)  If a creditor and an obligor agree that contract
  12-22  interest in respect of any qualified commercial loan shall be
  12-23  computed on the basis of a 360-day year of twelve 30-day months,
  12-24  each rate per year referred to in this Article shall, in the case
  12-25  of such loan, mean a rate per year consisting of 360 days and of
   13-1  twelve 30-day months.
   13-2        (c)  A monthly ceiling is available only in variable rate
   13-3  contracts, including contracts for open-end accounts, that are not
   13-4  made for personal, family, or household use.  Subject to Section
   13-5  (b) of this Article, the monthly ceiling is the average of all the
   13-6  computations under Section (a)(1) of this Article for auctions
   13-7  occurring during the preceding calendar month and shall be computed
   13-8  by the consumer credit commissioner on the first business day of
   13-9  the calendar month in which the rate applies.  In contracts for
  13-10  which the monthly ceiling is available under this section, if the
  13-11  parties agree that the rate is subject to being adjusted on a
  13-12  monthly basis in accordance with Section (f) of this Article, they
  13-13  may further contract that the rate from time to time in effect may
  13-14  not exceed the monthly ceiling from time to time in effect under
  13-15  this section <and>, in which event the monthly ceiling from time to
  13-16  time in effect is the ceiling on those contracts, instead of any
  13-17  ceiling under <Article 1.04> Section (a) of this <Title> Article.
  13-18        (d)  The consumer credit commissioner shall compute, on the
  13-19  computation dates of December 1, March 1, June 1, and September 1
  13-20  of each year, the quarterly and annualized ceilings for the next
  13-21  succeeding calendar quarter beginning January 1, April 1, July 1,
  13-22  and October 1, respectively.  For each computation date, the
  13-23  computation under Section (a)(2) of this Article for the quarterly
  13-24  ceiling is the average of all the computations under Section (a)(1)
  13-25  of this Article for auctions occurring during the three calendar
   14-1  months preceding the computation date.  For each computation date,
   14-2  the computation under Section (a)(2) of this Article for the
   14-3  annualized ceiling is the average of all the computations under
   14-4  Section (a)(1) of this Article for auctions occurring during the
   14-5  three calendar months preceding the computation date.
   14-6        (e)  In a contract that does not involve an open-end account,
   14-7  as an alternative to the indicated rate ceiling, the parties may
   14-8  contract for a rate not exceeding the quarterly ceiling in effect
   14-9  at the time the rate is contracted for, but the creditor may not
  14-10  rely on the annualized ceiling in such a contract, and in a
  14-11  contract subject to Section (f) of this Article may not rely on
  14-12  both the indicated rate ceiling and the quarterly ceiling in any
  14-13  given contract.
  14-14        (f)  The parties to any contract, including a contract for an
  14-15  open-end account, may agree to and stipulate for a rate or amount
  14-16  by contracting for any index, formula, or provision of law, by or
  14-17  under which the numerical rate or amount can from time to time be
  14-18  determined.  However, the rate or amount so produced may not exceed
  14-19  the ceiling that may from time to time be in effect and applicable
  14-20  to the contract, for so long as debt is outstanding under the
  14-21  contract.  Provided, further, that variable contract rates as
  14-22  described in this Section (f) are not allowed in a contract in
  14-23  which the interest or time price differential is precomputed and
  14-24  added into the amount of the contract at the time of the contract.
  14-25        (f)-(1)  Any agreement or amendment to an agreement for
   15-1  credit extended primarily for personal, family, or household use,
   15-2  entered under the authority of Article 1.04 and providing for a
   15-3  variable rate or amount on the balance under the agreement or
   15-4  amendment shall disclose the following in not less than 10-point
   15-5  type or computer equivalent on or with the agreement or amendment:
   15-6        "NOTICE TO CONSUMER:  UNDER TEXAS LAW, IF YOU CONSENT
   15-7        TO THIS AGREEMENT, YOU MAY BE SUBJECT TO A FUTURE RATE
   15-8        AS HIGH AS 24 PERCENT PER YEAR."
   15-9  This section shall not apply to or affect any agreement or
  15-10  amendment for which a disclosure relating to variable rates or
  15-11  amounts is required or provided by federal law, regulation, or
  15-12  interpretation.  In the event that the contract provides for a
  15-13  maximum rate of less than 24 percent per year, then the above
  15-14  disclosure may be amended to reflect the actual maximum rate of the
  15-15  contract.
  15-16        (g)  Unless otherwise agreed, when the parties have agreed to
  15-17  a rate, they are considered also to have agreed to any lesser rate
  15-18  that the creditor may elect, or is required under Section (h) of
  15-19  this Article to implement.
  15-20        (h)(1)  If the agreement of the parties so provides, or is
  15-21  amended pursuant to Section (i) of this Article or Article 1A.01 of
  15-22  this Title to so provide, a creditor of an open-end account may, as
  15-23  an alternative to the indicated rate ceiling, from time to time
  15-24  implement any rate permitted under the quarterly or annualized
  15-25  ceiling, as to any current and future balances in any of its
   16-1  open-end accounts by giving notice of the rate at any time or times
   16-2  after the computation date for the quarterly or annualized ceiling
   16-3  and before the last day of the next succeeding calendar quarter.
   16-4  The creditor may implement a rate, not exceeding the annualized
   16-5  ceiling, for a 12-month period from the date it becomes effective
   16-6  as to an account, or the creditor may implement a rate not
   16-7  exceeding the quarterly ceiling for a three-month period from the
   16-8  date it becomes effective as to an account.  The rate may not
   16-9  exceed the ceiling for the period elected.  If the period elected
  16-10  is 12 months, and the rate in effect is less than or equal to the
  16-11  annualized ceiling in effect at the end of 12 months, the creditor
  16-12  may leave the election in effect for the succeeding 12-month
  16-13  period, which is then the new elected period.  If the period
  16-14  elected is three months, and the rate in effect is less than or
  16-15  equal to the quarterly ceiling in effect at the end of the three
  16-16  months, the creditor may leave the election in effect for the
  16-17  succeeding three-month period, which is then the new elected
  16-18  period.  No further notice of the renewal of an election, or of any
  16-19  successive renewals of elections, is required if the creditor has
  16-20  previously disclosed to the obligor that the election may be
  16-21  renewed in accordance with this section and the rate does not
  16-22  exceed the rate previously agreed to by the obligor.  If a rate in
  16-23  excess of that previously agreed to is to be implemented by the
  16-24  creditor under Section (a) of this Article, or other applicable
  16-25  law, the creditor shall comply with Section (i) of this Article
   17-1  before the end of the calendar quarter in which the prior period
   17-2  elected ends, and the ceiling previously in effect remains the
   17-3  ceiling until a new rate is agreed to.
   17-4        (2)  If an open-end account agreement provides, or is amended
   17-5  pursuant to Article 1A.01 of this Title or Section (i) of this
   17-6  Article to provide, for a variable rate or amount, according to any
   17-7  index, formula, or provision of law disclosed to the obligor, the
   17-8  applicable rate ceiling is the annualized ceiling, quarterly
   17-9  ceiling, or indicated rate ceiling as disclosed to the obligor,
  17-10  except for variable rate commercial contracts subject to Section
  17-11  (c) of this Article.  The annualized ceiling shall be adjusted
  17-12  every 12 months, the quarterly ceiling shall be adjusted every
  17-13  three months, and the indicated rate ceiling shall be adjusted
  17-14  weekly.
  17-15        Except to the extent inconsistent with any federal law,
  17-16  regulation, or interpretation from time to time in effect, on any
  17-17  open-end account entered under authority of this Article 1.04 which
  17-18  is primarily for personal, family, or household use, the creditor
  17-19  shall disclose any changes in the rate resulting from operation of
  17-20  the index, formula, or provision of law by giving notice of the
  17-21  change in the rate on or with the billing statement for a billing
  17-22  cycle preceding the first cycle as to which the change in the rate
  17-23  is effective or by a separate document mailed on or before the
  17-24  beginning of the first cycle as to which the change in the rate is
  17-25  effective, except that this notice may be given on or with any
   18-1  billing statement if the open-end account is not covered by Article
   18-2  1.11 or 15.02(d) of this Title.  Variations in the rate of the
   18-3  account due to operation of the previously disclosed index,
   18-4  formula, or provision of law need not be further disclosed under
   18-5  this Section (h) or under Section (i) of this Article.
   18-6        (i)(1)  In any open-end account, the creditor may provide in
   18-7  the agreement covering the open-end account or, pursuant to Article
   18-8  1A.01 of this Title, amend the agreement to provide that the terms,
   18-9  including the rate, or index, formula, or provision of law used to
  18-10  compute the rate on the open-end account, will be subject to
  18-11  revision as to current and future balances, from time to time, by
  18-12  notice from the creditor to the obligor.  Any creditor revising a
  18-13  rate, or index, formula, or provision used to compute the rate,
  18-14  shall disclose in the notice:
  18-15        (A)  the new rate, or the new index, formula, or provision to
  18-16  be used in computing the rate;
  18-17        (B)  the date on which it will become effective;
  18-18        (C)  the period for which it is elected, or at which the
  18-19  ceiling will be adjusted and whether or not it will affect current
  18-20  as well as future balances;
  18-21        (D)  the obligor's rights under this section and the
  18-22  procedures for the obligor to exercise those rights; and
  18-23        (E)  the address to which the obligor may send notification
  18-24  of the obligor's election not to continue the open-end account.
  18-25        (F)  If the amendment increases the rate, the notice shall
   19-1  contain the following printed in not less than 10-point type or
   19-2  computer equivalent:
   19-3        "YOU MAY TERMINATE THIS AGREEMENT IF YOU DO NOT WISH TO
   19-4        PAY THE NEW RATE."
   19-5        (2)  With a notice required by Subsection (1) of this
   19-6  section, the creditor shall include a form which may be returned at
   19-7  the expense of the creditor and on which the obligor may indicate
   19-8  his or her decision not to continue the account by checking or
   19-9  marking an appropriate box, or similar arrangement.  The form may
  19-10  be included on a portion of the account statement to be returned to
  19-11  the creditor or on a separate sheet.  Any obligor who is mailed a
  19-12  notice required by Subsection (1) of this section addressed to the
  19-13  obligor's last known address as shown by the creditor's records<,>
  19-14  is considered to have agreed to the revision if the obligor, or a
  19-15  person authorized by the obligor, after the expiration of five days
  19-16  after the notice is mailed, accepts or uses any extensions of
  19-17  credit, or if the obligor elects to retain the privilege of using
  19-18  the open-end account.  Such an election is considered to have
  19-19  occurred unless the obligor notifies the creditor in writing before
  19-20  the 21st day after the date on which the notice is sent that the
  19-21  obligor does not wish to continue the open-end account.  The
  19-22  parties may also amend the contract by any other means of amending
  19-23  those agreements permitted by any applicable law.  Any obligor who
  19-24  rejects a rate change in accordance with this section has the right
  19-25  to pay off the then existing balance on the open-end account at the
   20-1  rate, and over the time period, in effect prior to the change, and
   20-2  at the same minimum payment terms previously agreed to, unless the
   20-3  obligor agrees to the new rate in accordance with this section.
   20-4  Rejection of a new rate may not accelerate the balance due.
   20-5        (j)  If a creditor implements an annualized or quarterly
   20-6  ceiling as to a majority of its open-end accounts that are under a
   20-7  particular plan or arrangement and are for obligors in this state,
   20-8  that ceiling is also the ceiling for all open-end accounts that are
   20-9  opened or activated under that plan for obligors in this state
  20-10  during the period that the election is in effect.
  20-11        (k)(1)  The consumer credit commissioner shall cause the
  20-12  annualized, quarterly, and monthly ceilings to be published in the
  20-13  Texas Register before the 11th day after the date on which they are
  20-14  computed, and shall cause the indicated rate ceiling in effect
  20-15  under Section (a) of this Article to be published from time to
  20-16  time.  If the furnishing of any of the information required to
  20-17  compute the ceilings is discontinued so that it is no longer
  20-18  available to the consumer credit commissioner from the Federal
  20-19  Reserve Board on a timely basis, the consumer credit commissioner
  20-20  shall obtain that information from reliable sources satisfactory to
  20-21  the commissioner.
  20-22        (2)  If the information required to compute a ceiling is not
  20-23  available, then that ceiling remains at the level at which it was
  20-24  when the information became unavailable until the information again
  20-25  becomes available.
   21-1        (3)  Any court may take judicial notice of the ceilings, and
   21-2  related information, caused to be published in the Texas Register
   21-3  by the consumer credit commissioner pursuant to this Article and of
   21-4  the information published pursuant to Article 2.08 of this Title.
   21-5        (l)  The maximum rate on any contract to renew or extend the
   21-6  terms of payment of any indebtedness <at any time incurred,> is the
   21-7  applicable ceiling allowed by this Article for a contract entered
   21-8  at the time the renewal or extension is made or agreed to.
   21-9        (m)  The ceilings provided by this Article for a contract,
  21-10  including a contract for an open-end account, are optional and any
  21-11  person may, notwithstanding any other law, contract for, charge,
  21-12  and receive the rates or amounts allowed by this Article for that
  21-13  contract, or the rates or amounts allowed by any other applicable
  21-14  provision of this Title or any other law applicable to such a
  21-15  contract, except as restricted under Section (q) of this Article.
  21-16        (n)(1)  Any loan made under authority of this Article that is
  21-17  extended either primarily for personal, family, or household use
  21-18  but not for business, commercial, investment, agricultural, or
  21-19  other similar purposes, or primarily for the purchase of a motor
  21-20  vehicle, other than a heavy commercial vehicle as defined in
  21-21  Section (n) <,> <of> Article 7.01 <, Title 79, Revised Statutes
  21-22  (Article 5069-7.01, Vernon's Texas Civil Statutes)> of this Title,
  21-23  and that is payable in two or more installments, not secured by a
  21-24  lien on real estate, and that is entered by a person engaged in the
  21-25  business of making or negotiating those types of loans, is subject
   22-1  to Chapter 4 of this Title, and any person except a bank or savings
   22-2  and loan association engaged in that business shall obtain a
   22-3  license under Chapter 3 of this Title.
   22-4        (2)  Any loan made under this Article that is extended
   22-5  primarily for personal, family, or household use but not for
   22-6  business, commercial, investment, agricultural, or other similar
   22-7  purposes, and that is predominantly payable in monthly installments
   22-8  and is described by Section (1), Article 5.01, of this Title and
   22-9  Sections (1), (3), and (4), Article 5.02, of this Title and that is
  22-10  made, negotiated, or arranged by a person engaged in the business
  22-11  of making, negotiating, or arranging those types of loans, is
  22-12  subject to Chapter 5 of this Title, and any person except a bank or
  22-13  savings and loan association engaged in that business shall obtain
  22-14  a license under Chapter 3 of this Title.
  22-15        (3)  In any contract, including any contract for an open-end
  22-16  account, subject to Chapter 6, 6A, or 7 of this Title, the rate or
  22-17  amount contracted for, charged, or received under this Article is
  22-18  considered to be the rate or amount of time price differential
  22-19  within the meanings given to that term in those respective
  22-20  Chapters, and those contracts are not subject to the provisions of
  22-21  Chapters 3, 4, and 5 of this Title.
  22-22        (4)  In any contract, including a contract for an open-end
  22-23  account, which is subject to Chapter 4, 5, 6, 6A, or 7 of this
  22-24  Title, the parties and their assignees may contract for any rate or
  22-25  amount allowed by that Chapter, or any simple or precomputed
   23-1  contract rate or amount not exceeding those allowed by this
   23-2  Article, but except to the extent inconsistent with this Article in
   23-3  any event the parties to any contract under any of such Chapters or
   23-4  to any contract under Chapter 3 of this Title shall comply with all
   23-5  of the other rights, duties, and obligations under the applicable
   23-6  Chapter and the parties and their assignees have all other rights
   23-7  under the applicable Chapter, including those provisions requiring
   23-8  certain refund credits in event of prepayment or acceleration.
   23-9        (5)  Any person (except a person subject to Chapter 24 of the
  23-10  Insurance Code) engaged in the business of extending open-end
  23-11  credit primarily for personal, family, or household use and
  23-12  charging a rate or amount under authority of this Article 1.04
  23-13  shall be subject to either the applicable Chapter in Subtitle 2 of
  23-14  this Title or Chapter 15 of this Title, as applicable, except to
  23-15  the extent inconsistent with this Article; the parties to such
  23-16  open-end accounts and their assignees shall comply with and have
  23-17  all other rights, duties, and obligations under the applicable
  23-18  Chapter, except to the extent inconsistent with this Article.
  23-19        (6)  Any person subject to the Texas Credit Union Act, as
  23-20  amended (Article 246-1.01 et seq., Vernon's Texas Civil Statutes),
  23-21  who contracts for, charges, or receives a rate authorized by this
  23-22  Article shall comply with all other duties, obligations, and
  23-23  prohibitions of that Act, and the parties to the transaction have
  23-24  all other rights provided by that Act, except to the extent
  23-25  inconsistent with this Article.
   24-1        (7)  Any person subject to a provision of Chapter 24 of the
   24-2  Insurance Code who contracts for, charges, or receives a rate
   24-3  authorized by this Article shall comply with all other applicable
   24-4  duties, obligations, and prohibitions in that law, and the parties
   24-5  to those contracts, including those for open-end accounts, have all
   24-6  other rights applicable to those transactions under Chapter 24 of
   24-7  the Insurance Code, except to the extent inconsistent with this
   24-8  Article.  The licensing requirements of Subtitle 2 of this Title
   24-9  are not applicable to those persons.
  24-10        (o)<(1)  All other written contracts whatsoever, except those
  24-11  otherwise authorized by law, which may in any way, directly or
  24-12  indirectly, provide for a greater rate of interest shall be subject
  24-13  to the appropriate penalties prescribed in this Subtitle.>
  24-14        <(2)> (1)  If, in any contract, including one for an open-end
  24-15  account, subject to Chapter 4, 5, 6, 6A, 7, or 15 of this Title,
  24-16  any person contracts for, charges, or receives a rate or amount of
  24-17  interest or time price differential that exceeds the rate allowed
  24-18  by that Chapter and the rate allowed by this Article, the amount of
  24-19  the penalty for that overcharge shall be determined under Chapter 8
  24-20  of this Title rather than under this Subtitle, and all of the
  24-21  provisions of Articles 8.01, 8.02, 8.03, 8.04, 8.05, and 8.06 of
  24-22  this Title are in effect as to that contract and are applicable to
  24-23  this Article as if it were a part of Subtitle 2 of this Title.  The
  24-24  failure to perform any duty or comply with any prohibition required
  24-25  by this Article <1.04>, in a contract entered under authority of
   25-1  this Article <1.04>, shall be subject to the penalties set out in
   25-2  Article 8.01(b) and shall be subject to such of the other
   25-3  provisions of Articles 8.01 through 8.06 which apply to failures to
   25-4  perform duties or comply with prohibitions to the same extent as if
   25-5  the duties and prohibitions in this Article <1.04> were contained
   25-6  in Subtitle 2.
   25-7        <(3)> (2)  The consumer credit commissioner, subject to
   25-8  Section (l), Article 2.01, of this Title, shall enforce Chapters 2,
   25-9  3, 4, 5, 6, 6A, 7, 8, 15, and 51 of this Title, as modified by this
  25-10  Article and Article 2.08 of this Title, and shall enforce this
  25-11  Article as applicable to contracts subject to those Chapters.
  25-12  Article 3.08 of this Title is applicable to transactions made by
  25-13  licensees pursuant to this Article that otherwise are subject to
  25-14  Chapters 4, 5, or 15 of this Title.  The provisions of Article 3.12
  25-15  of this Title will apply to loans made under authority of this
  25-16  Article which are subject to Chapter 4 of this Title.  In any
  25-17  contracts subject to the Texas Credit Union Act, as amended
  25-18  (Article 2461-1.01 et seq., Vernon's Texas Civil Statutes), the
  25-19  credit union commissioner shall enforce this Article.
  25-20        <(4)> (3)  In any contract subject to Chapter 24 of the
  25-21  Insurance Code, the State Board of Insurance shall enforce this
  25-22  Article.
  25-23        (p)  A person does not violate this Title by contracting for,
  25-24  charging, or receiving any rate or dollar amount, or by any acts
  25-25  done or omitted, that conform to the provisions of this Article, or
   26-1  to the provisions determined by the consumer credit commissioner,
   26-2  or that conform to an interpretation of this Title by the consumer
   26-3  credit commissioner under Section (10) of Article 2.02A or by a
   26-4  decision of an appellate court of this state or of the United
   26-5  States in effect at the time that the acts were done or omitted.
   26-6        (q)  The maximum rates authorized by this Article do not
   26-7  apply to agreements under which credit is extended for a home
   26-8  solicitation transaction as defined in Chapter 13 of this Title if
   26-9  the agreement is secured by a lien on the obligor's homestead and
  26-10  the credit is extended by the seller or its owner, subsidiary, or
  26-11  corporate affiliate.
  26-12        (r)  In the event of any inconsistency or conflict between
  26-13  the disclosure or notice requirements under this Article and
  26-14  disclosures or notices required or provided under any current or
  26-15  future federal law, regulation, or interpretation, the requirements
  26-16  of the federal law, regulation, or interpretation shall control and
  26-17  the inconsistent or conflicting requirements under this Article
  26-18  need not be complied with.  A creditor may modify the disclosure
  26-19  and notice requirements under this Article to conform to the
  26-20  terminology or other provisions required or provided under federal
  26-21  law, regulation, or interpretation.
  26-22        SECTION 5.  Article 5069-1.05, chapter 1, title 79, Revised
  26-23  Civil Statutes of Texas, 1925, is amended to read as follows:
  26-24  Art. 5069-1.05.  Judgment interest imposed; <R>rates of judgment<s>
  26-25  interest
   27-1        <Sec. 1.>  (a)  All money judgments of the courts of this
   27-2  state based on a contract that provides for the payment of a
   27-3  <specific> rate of interest earn postjudgment interest at a rate
   27-4  equal to the lesser of:
   27-5        (1)  the rate specified in the contract, which may be a
   27-6  variable rate; or
   27-7        (2)  18 percent a year.
   27-8        <Sec. 2.>  (b)  Except as provided in Section <1> (a) of this
   27-9  <a>Article, all money judgments, together with taxable court costs
  27-10  and prejudgment interest (if any), of the courts of this state earn
  27-11  postjudgment interest<, compounded annually,> at the postjudgment
  27-12  interest rate published by the consumer credit commissioner in the
  27-13  Texas Register.  The consumer credit commissioner shall <compute>
  27-14  establish on the 15th day of each month the <judgment> postjudgment
  27-15  interest rate <by taking> to be so published, which shall be the
  27-16  auction rate quoted on a bank discount basis for 52-week treasury
  27-17  bills issued by the United States government as published by the
  27-18  Federal Reserve Board on the most recent date preceding <the date
  27-19  of computation.  The interest rate so computed shall be the
  27-20  judgment interest rate, except> such 15th day; provided, however,
  27-21  that if <the> such auction rate <so computed> is less than 10
  27-22  percent a year, the <judgment> postjudgment interest rate to be so
  27-23  published shall be 10 percent a year, and if <it be> such auction
  27-24  rate is more than 20 percent a year, the <judgment> postjudgment
  27-25  interest rate to be so published shall be 20 percent a year.  The
   28-1  postjudgment interest rate so established on that <computation
   28-2  date> 15th day shall be the postjudgment interest rate on money
   28-3  judgments <for> rendered during the next calendar month.
   28-4        <Sec. 3.  (a)>  (c)(1)  Except as provided by Subsection
   28-5  <(c)> (3) of this section, all money judgments earn postjudgment
   28-6  interest for the period beginning on the <day> date the judgment is
   28-7  rendered and ending on the <day> date the judgment is satisfied.
   28-8  Postjudgment <I>interest shall be compounded annually.
   28-9        <(b)> (2)  Each money judgment shall state the rate of
  28-10  prejudgment interest (if any) earned, and postjudgment interest to
  28-11  be earned, on that judgment.
  28-12        <(c)> (3)  If a case is appealed and a motion for extension
  28-13  of time to file a brief is granted for a party who was a <plaintiff
  28-14  at trial> claimant, postjudgment interest does not accrue for the
  28-15  period of extension.
  28-16        <Sec. 4.>  (d)  This <a>Article does not apply to a judgment
  28-17  that earns interest <that is set by> pursuant to Title 2, Tax Code.
  28-18        <Sec. 5.>  (e)  The consumer credit commissioner shall cause
  28-19  the <judgment> postjudgment interest  rate <of interest> to be
  28-20  published in the Texas Register at the same time that other rates
  28-21  directed by other provisions of this Title to be <calculated are
  28-22  caused to be> published by the consumer credit commissioner <under
  28-23  other provisions of this code> are so published.  The courts of
  28-24  this state shall take judicial notice of <such> the postjudgment
  28-25  interest rate <as> so published.
   29-1        <Sec. 6.  (a)>  (f)(1)  All money <J>judgments of the courts
   29-2  of this state in wrongful death, personal injury, and property
   29-3  damage cases <must include> earn prejudgment interest.  Except as
   29-4  provided by Subsections <(b), (c)> (2), (3), and <(d)> (4) of this
   29-5  section, prejudgment interest accrues <on the amount of the
   29-6  judgment> during the period beginning on the 180th day after the
   29-7  date the defendant receives written notice of a claim or on the
   29-8  date the suit is filed, whichever occurs first, and ending on the
   29-9  day preceding the date the judgment is rendered.
  29-10        <(b)> (2)  If a money judgment for a claimant is equal to or
  29-11  less than the amount of a settlement offer by the defendant,
  29-12  prejudgment interest does not accrue <on the amount of the
  29-13  judgment> for the period during which the offer may be accepted.
  29-14        <(c)> (3)  If a money judgment for a claimant is more than
  29-15  the amount of <the> a settlement offer by the defendant,
  29-16  prejudgment interest does not accrue <include prejudgment interest>
  29-17  on that portion of <the amount of> the judgment that is equal to
  29-18  the amount of the settlement offer for the period during which the
  29-19  offer may be accepted.
  29-20        <(d)> (4)  In addition to the exceptions provided under
  29-21  Subsections <(b)> (2) and <(c)> (3) of this section, the court in
  29-22  its discretion may order that prejudgment interest does or does not
  29-23  accrue during periods of delay in the trial, taking into
  29-24  consideration:
  29-25        <(1)> (A)  periods of delay caused by a defendant; and
   30-1        <(2)> (B)  periods of delay caused by a claimant.
   30-2        <(e)> (5)  <In order f>For a settlement offer to toll the
   30-3  <running> accrual of prejudgment interest in accordance with the
   30-4  provisions of this section, the offer must be communicated to a
   30-5  party or <his> that party's attorney or representative in writing.
   30-6        <(f)> (6)  If a settlement offer is made for other than
   30-7  <present> cash <payment> payable at the time of settlement,
   30-8  prejudgment interest on the amount of the settlement offer is
   30-9  computed on the basis of <cost or> the fair market value of the
  30-10  settlement offer at the time it is made.
  30-11        <(g)> (7)  The <rate of> prejudgment interest rate on any
  30-12  money judgment shall be the same as the <rate of> postjudgment
  30-13  interest rate <at the time of> on that judgment and shall be
  30-14  computed as simple interest.
  30-15        <Sec. 7.>  (g)  The <rate of> prejudgment interest rate on
  30-16  any money judgment in a condemnation case<s> shall be the same as
  30-17  the <rate of> postjudgment interest rate <at the time of> on that
  30-18  judgment and shall be computed as simple interest.
  30-19        SECTION 6.  Article 5069-1.06, chapter 1, title 79, Revised
  30-20  Civil Statutes of Texas, 1925, is amended to read as follows:
  30-21  Art. 5069-1.06.  Penalties and Remedies
  30-22        (a)(1)  <Any person who contracts for, charges or> Subject to
  30-23  the provisions of Sections (f) and (g) of this Article, the
  30-24  provisions of Article 1.07 of this Title, and the provisions of
  30-25  Article 1.17 of this Title, if a creditor receives from an obligor
   31-1  contract interest <which is greater than the amount authorized> in
   31-2  respect of a loan and the amount of such contract interest produces
   31-3  a rate in excess of the maximum rate of conventional interest fixed
   31-4  by this Subtitle, the creditor shall <forfeit to the obligor three
   31-5  times the amount of usurious interest contracted for, charged or
   31-6  received, such usurious interest being the amount the total
   31-7  interest contracted for, charged, or received exceeds the amount of
   31-8  interest allowed by law, and reasonable attorney fees fixed by the
   31-9  court except that in no event shall the amount forfeited be less
  31-10  than Two Thousand Dollars or twenty percent of the principal,
  31-11  whichever is the smaller sum; provided, that there shall be no
  31-12  penalty for any usurious interest which results from an accidental
  31-13  and bona fide error> be liable to the obligor for 300 percent of
  31-14  the remainder obtained by subtracting:
  31-15        (A)  the total amount of interest that would have been
  31-16  payable to the creditor by the obligor in respect of such loan if
  31-17  the obligor had agreed to pay to the creditor interest in a total
  31-18  amount that produced a rate equal to the maximum rate of
  31-19  conventional interest fixed by this Subtitle, from
  31-20        (B)  the total amount of contract interest received by the
  31-21  creditor from the obligor in respect of such loan; provided,
  31-22  however, that if the amount of that liability would be less than
  31-23  $2,000, the creditor shall be liable to the obligor for 20 percent
  31-24  of the principal amount of such loan or for the sum of $2,000,
  31-25  whichever is less.
   32-1        (2)  The liability provided in Subsection (1) of this section
   32-2  is inclusive of any other liabilities of creditors provided by
   32-3  common law for contracting for, charging, or receiving conventional
   32-4  interest in an amount that produces a rate in excess of the maximum
   32-5  rate of conventional interest fixed by this Subtitle, including any
   32-6  other liabilities imposed by the courts of this State to enforce
   32-7  Article XVI, Section 11 of the Constitution, and a creditor shall
   32-8  not be subject to such other liabilities.
   32-9        <(1)  Any person who contracts for, charges or receives
  32-10  interest which is in excess of double the amount of interest
  32-11  allowed by this Subtitle shall forfeit as an additional penalty,
  32-12  all principal as well as interest and all other charges and shall
  32-13  pay reasonable attorney fees set by the court; provided further
  32-14  that any such person violating the provisions of this section shall
  32-15  be guilty of a misdemeanor and upon conviction thereof shall be
  32-16  punished by fine of not more than One Thousand Dollars.  Each
  32-17  contract or transaction in violation of this section shall
  32-18  constitute a separate offense punishable hereunder.>
  32-19        <(3)  All such actions brought under this Article shall be
  32-20  brought in any court of this State having jurisdiction thereof
  32-21  within four years from the date when the usurious charge was
  32-22  received or collected in the county of the defendant's residence,
  32-23  or in the county where the interest in excess of the amount
  32-24  authorized by this Subtitle has been received or collected, or
  32-25  where such transaction had been entered into or where the parties
   33-1  who paid interest in excess of the amount authorized by this
   33-2  Subtitle resided when such transaction occurred, or where he
   33-3  resides.>
   33-4        (b)(1)  Subject to the provisions of Sections (f) and (g) of
   33-5  this Article and the provisions of Article 1.17 of this Title, if a
   33-6  creditor charges and  receives from an obligor legal interest in an
   33-7  amount that produces a rate in excess of the maximum rate of legal
   33-8  interest fixed by this Subtitle, the creditor shall be liable to
   33-9  the obligor for 300 percent of the remainder obtained by
  33-10  subtracting:
  33-11        (A)  the total amount of legal interest that would have been
  33-12  received by the creditor from the obligor if the creditor had
  33-13  charged and received from the obligor legal interest in a total
  33-14  amount that produced a rate equal to the maximum rate of legal
  33-15  interest fixed by this Subtitle, from
  33-16        (B)  the total amount of legal interest charged and received
  33-17  by the creditor from the obligor; provided, however, that if the
  33-18  amount of that liability would be less than $2,000, the creditor
  33-19  shall be liable to the obligor for 20 percent of the principal
  33-20  amount of the credit extended by the creditor to the obligor or for
  33-21  the sum of $2,000, whichever is less.
  33-22        (2)  The liability provided in Subsection (1) of this section
  33-23  is inclusive of any other liabilities of creditors provided by
  33-24  common law for charging or receiving legal interest in an amount
  33-25  that produces a rate in excess of the maximum rate of legal
   34-1  interest fixed by this Subtitle, including any other liabilities
   34-2  imposed by the courts of this State to enforce Article XVI, Section
   34-3  11 of the Constitution, and a creditor shall not be subject to such
   34-4  other liabilities.
   34-5        (c)(1)  Subject to the provisions of Section (f) of this
   34-6  Article and the provisions of Article 1.17 of this Title, if a
   34-7  creditor receives from an obligor conventional interest (including,
   34-8  without limitation, any prepayment premium, late payment charge, or
   34-9  loan expenses that the obligor has not agreed to pay) in an amount
  34-10  in excess of the total amount of contract interest, the creditor
  34-11  shall be liable to the obligor for the amount of the excess.
  34-12        (2)  The liability provided in Subsection (1) of this section
  34-13  is inclusive of any other liabilities of creditors provided by
  34-14  common law for charging or receiving conventional interest in an
  34-15  amount in excess of the total amount of contract interest,
  34-16  including any other liabilities imposed by the courts of this State
  34-17  to enforce Article XVI, Section 11 of the Constitution, and a
  34-18  creditor shall not be subject to such other liabilities.
  34-19        (d)(1)  Subject to the provisions of Section (f) of this
  34-20  Article and the provisions of Article 1.17 of this Title, if a
  34-21  creditor that has agreed with an obligor not to charge the obligor
  34-22  any interest charges and receives legal interest from the obligor,
  34-23  the creditor shall be liable to the obligor for the amount of the
  34-24  legal interest so charged and received or for the total amount of
  34-25  legal interest that would have been received by the creditor from
   35-1  the obligor if the creditor had charged and received from the
   35-2  obligor legal interest in a total amount that produced a rate equal
   35-3  to the maximum rate of legal interest fixed by this Subtitle,
   35-4  whichever is less.
   35-5        (2)  The liability provided in Subsection (1) of this section
   35-6  is inclusive of any other liabilities of creditors provided by
   35-7  common law for charging or receiving legal interest when the
   35-8  creditor has agreed with an obligor not to charge the obligor any
   35-9  interest, including any other liabilities imposed by the courts of
  35-10  this State to enforce Article XVI, Section 11 of the Constitution,
  35-11  and a creditor shall not be subject to such other liabilities;
  35-12  provided, however, that if a creditor that has agreed with an
  35-13  obligor not to charge the obligor any interest charges and receives
  35-14  from the obligor legal interest in an amount that produces a rate
  35-15  in excess of the maximum rate of legal interest fixed by this
  35-16  Subtitle, the creditor shall also be liable to the obligor as
  35-17  provided in Subsection (1) of Section (b) of this Article.
  35-18        (e)(1)  Subject to the provisions of Section (f) of this
  35-19  Article, if a judgment creditor receives from a judgment debtor
  35-20  judgment interest in an amount that produces a rate in excess of
  35-21  the rate at which the judgment earns interest, the judgment
  35-22  creditor shall be liable to the judgment debtor for the remainder
  35-23  obtained by subtracting:
  35-24        (A)  the total amount of interest earned by the judgment,
  35-25  from
   36-1        (B)  the total amount of judgment interest received by the
   36-2  judgment creditor from the judgment debtor.
   36-3        (2)  The liability provided in Subsection (1) of this section
   36-4  is inclusive of any other liabilities of judgment creditors
   36-5  provided by common law for contracting for, charging, or receiving
   36-6  judgment interest in an amount that produces a rate in excess of
   36-7  the rate at which the judgment earns interest or in excess of the
   36-8  rate provided by Article 1.05 of this Subtitle, including any other
   36-9  liabilities imposed by the courts of this State to enforce Article
  36-10  XVI, Section 11 of the Constitution, and a judgment creditor shall
  36-11  not be subject to such other liabilities.
  36-12        (3)  For purposes of this section, a judgment earns interest
  36-13  at the rate stated in the judgment at the time that the judgment
  36-14  becomes final and is no longer subject to modification or reversal.
  36-15        (f)(1)  An action to establish liability of a creditor or
  36-16  judgment creditor as a result of the creditor's or judgment
  36-17  creditor's receipt of interest shall be barred unless such action
  36-18  is filed in a court of competent jurisdiction within four years
  36-19  after the date of such receipt.
  36-20        (2)  Venue in an action to establish liability of a creditor
  36-21  or judgment creditor as a result of the creditor's or judgment
  36-22  creditor's receipt of interest shall be in the county in which
  36-23  either the creditor or judgment creditor or the obligor or judgment
  36-24  debtor resides or maintains its principal place of business in this
  36-25  state.
   37-1        (3)  If a judgment is obtained against a creditor or judgment
   37-2  creditor as a result of the creditor's or judgment creditor's
   37-3  receipt of interest, the creditor or judgment creditor shall be
   37-4  liable to the obligor or judgment debtor for the obligor's or
   37-5  judgment debtor's reasonable attorneys' fees, which shall be fixed
   37-6  by the court.
   37-7        (g)(1)  A creditor shall not be liable to an obligor under
   37-8  Section (a) of this Article if:
   37-9        (A)  before January 1, 1994, or within 60 days after the date
  37-10  the creditor actually discovers such liability, whichever is later,
  37-11  the creditor refunds to the obligor the excess of (i) the total
  37-12  amount of contract interest received by the creditor from the
  37-13  obligor over (ii) the total amount of interest that would have been
  37-14  payable to the creditor by the obligor if the obligor had agreed to
  37-15  pay to the creditor interest in a total amount that produced a rate
  37-16  equal to the maximum rate of conventional interest fixed by this
  37-17  Subtitle; and
  37-18        (B)  before the obligor files an action against the creditor
  37-19  under Section (a) of this Article in a court of competent
  37-20  jurisdiction, the creditor gives written notice to the obligor of
  37-21  the creditor's violation of this Subtitle.
  37-22        (2)  A creditor shall not be liable to an obligor under
  37-23  Section (b) of this Article if:
  37-24        (A)  before January 1, 1994, or within 60 days after the date
  37-25  the creditor actually discovers such liability, whichever is later,
   38-1  the creditor refunds to the obligor the excess of (i) the total
   38-2  amount of legal interest charged and received by the creditor from
   38-3  the obligor over (ii) the total amount of legal interest that would
   38-4  have been received by the creditor from the obligor if the creditor
   38-5  had charged and received from the obligor legal interest in a total
   38-6  amount that produced a rate equal to the maximum rate of legal
   38-7  interest fixed by this Subtitle; and
   38-8        (B)  before the obligor files an action against the creditor
   38-9  under Section (b) of this Article in a court of competent
  38-10  jurisdiction, the creditor gives written notice to the obligor of
  38-11  the creditor's violation of this Subtitle.
  38-12        (3)  For purposes of this section, the phrase "actually
  38-13  discovers" refers to discovery in fact, without reference to
  38-14  whether, through reasonable diligence, a reasonably prudent person
  38-15  could or should have made that discovery.
  38-16        (4)  For purposes of this section, the giving of written
  38-17  notice to an obligor shall be accomplished by delivering or mailing
  38-18  the notice:
  38-19        (A)  to the obligor at the last known address of the obligor
  38-20  as disclosed by the records of the creditor; or
  38-21        (B)  to the obligor's duly authorized agent or attorney of
  38-22  record.
  38-23        (h)(1)  For purposes of this Article and Article 1.07 of this
  38-24  Title, unless a creditor and an obligor otherwise agree, the
  38-25  maximum rate of conventional interest fixed by this Subtitle means
   39-1  the maximum rate of conventional interest fixed by this Subtitle as
   39-2  in effect at the time the obligor agreed to pay interest to the
   39-3  creditor.
   39-4        (2)  For purposes of this Article, the maximum rate of legal
   39-5  interest fixed by this Subtitle means the maximum rate of legal
   39-6  interest fixed by this Subtitle as in effect at the time the
   39-7  creditor charged legal interest to the obligor.
   39-8        (i)  If an agreement by an obligor provides that the obligor
   39-9  shall pay to a creditor an amount of conventional interest that
  39-10  produces a rate in excess of the maximum rate of conventional
  39-11  interest fixed by this Subtitle, the creditor shall not be entitled
  39-12  to enforce the agreement of the obligor to pay the portion of that
  39-13  amount that exceeds the total amount of interest that would have
  39-14  been payable if the obligor had agreed to pay interest in a total
  39-15  amount that produced a rate equal to the maximum rate of
  39-16  conventional interest fixed by this Subtitle; provided, however,
  39-17  that this Section (i) shall not be construed to impose any
  39-18  liability on a creditor that is or was liable to an obligor as
  39-19  provided in Subsection (1) of Section (a) of this Article.
  39-20        SECTION 7.  Article 5069-1.07, chapter 1, title 79, Revised
  39-21  Civil Statutes of Texas, 1925, is amended to read as follows:
  39-22  Art. 5069-1.07.  Determinations whether the amount of contract
  39-23  interest received produces a rate in excess of the maximum rate;
  39-24  determinations of the total amount of contract interest received
  39-25  <of the rate of interest on loans secured by a lien on any interest
   40-1  in real property>
   40-2        (a)  For purposes of determining whether the amount of
   40-3  contract interest received at any date in respect of any loan
   40-4  produces a rate in excess of the maximum rate of conventional
   40-5  interest fixed by this Subtitle:
   40-6        (1)  the total amount of contract interest received by the
   40-7  creditor from the obligor at that date in respect of such loan
   40-8  shall be allocated on a daily basis in proportion to
   40-9        (A)  the principal amount of the loan outstanding on that
  40-10  date and on each day preceding that date, and
  40-11        (B)  the then unpaid principal amount, if any, of the loan
  40-12  that will be outstanding on each day following that date, assuming
  40-13  that such principal amount is paid at its stated maturity
  40-14  (including any portion of such principal amount required to be paid
  40-15  on any regularly scheduled date of payment, but excluding all or
  40-16  any portion of such principal amount required or permitted to be
  40-17  paid as a result of (i)  acceleration of maturity upon a
  40-18  declaration by the creditor or otherwise, (ii)  any election by the
  40-19  obligor to pay all or a portion of such principal amount prior to
  40-20  its stated maturity or its regularly scheduled date or dates of
  40-21  payment, or (iii)  the happening of a contingency); and
  40-22        (2)  unless the amount of contract interest so allocated to
  40-23  any day produces a rate in excess of the maximum rate of
  40-24  conventional interest fixed by this Subtitle, the amount of
  40-25  contract interest received at that date in respect of such loan
   41-1  shall be deemed not to produce a rate in excess of such maximum
   41-2  rate.
   41-3        (b)  For purposes of Section (a) of this Article and Section
   41-4  (a) of Article 1.06 of this Title:
   41-5        (1)  the total amount of contract interest received by a
   41-6  creditor from an obligor at any date in respect of any loan shall
   41-7  not include
   41-8        (A)  any amount of contract interest that the creditor
   41-9  refunds to the obligor, or applies to reduce the principal amount
  41-10  of such loan, within 30 days of the receipt of such amount by the
  41-11  creditor, whether or not such refund or application has been made
  41-12  at that date,
  41-13        (B)  any amount of contract interest that the creditor
  41-14  interpleads in a court of competent jurisdiction within 30 days of
  41-15  the receipt of such amount by the creditor, whether or not such
  41-16  amount has been deposited with the court at that date,
  41-17        (C)  any amount of contract interest that the creditor
  41-18  refunds to the obligor, or applies to reduce the principal amount
  41-19  of such loan, as a result of the payment of all or a portion of
  41-20  such principal amount prior to its stated maturity or its regularly
  41-21  scheduled date or dates of payment,
  41-22        (D)  any amount of contract interest received by the creditor
  41-23  from the obligor in respect of any other loan, or
  41-24        (E)  any amount of conventional interest that does not
  41-25  constitute contract interest;
   42-1        (2)  if the contract interest received by a creditor from an
   42-2  obligor includes compensation other than money, the fair value of
   42-3  such compensation at the time the obligor agreed to pay such
   42-4  compensation to the creditor shall be included in the total amount
   42-5  of contract interest received by the creditor from the obligor; and
   42-6        (3)  any amount of contract interest, or any amount of
   42-7  prepayment premium, late payment charge, or loan expenses agreed to
   42-8  be paid by an obligor, that was not paid when such amount first
   42-9  became due and payable shall be considered the principal amount of
  42-10  a separate loan, which may bear contract interest in an amount that
  42-11  produces a rate not in excess of the maximum rate of conventional
  42-12  interest fixed by this Subtitle.
  42-13        <(a)  On any loan or agreement to loan secured or to be
  42-14  secured, in whole or in part, by a lien, mortgage, security
  42-15  interest, or other interest in or with respect to any interest in
  42-16  real property, determination of the rate of interest for the
  42-17  purpose of determining whether the loan is usurious under all
  42-18  applicable Texas laws shall be made by amortizing, prorating,
  42-19  allocating, and spreading, in equal parts during the period of the
  42-20  full stated term of the loan, all interest at any time contracted
  42-21  for, charged, or received from the borrower in connection with the
  42-22  loan.  However, in the event the loan is paid in full by the
  42-23  borrower prior to the end of the full stated term of the loan and
  42-24  the interest received for the actual period of the existence of the
  42-25  loan exceeds the maximum lawful rate, the lender contracting for,
   43-1  charging, or receiving all such interest shall refund to the
   43-2  borrower the amount of the excess or shall credit the amount of the
   43-3  excess against amounts owing under the loan and shall not be
   43-4  subject to any of the penalties provided by law for contracting
   43-5  for, charging, or receiving interest in excess of the maximum
   43-6  lawful rate.>
   43-7        <(b)  Notwithstanding any contrary provisions of law, any
   43-8  person may agree to pay, and may pay pursuant to such an agreement,
   43-9  any rate of interest not exceeding 18 percent per annum, if such
  43-10  agreement is evidenced by a written bond, note, or other contract
  43-11  of such person providing for a loan or other extension of credit in
  43-12  the original principal amount of $250,000 or more, or any series of
  43-13  advances of money if the aggregate of all sums advanced or agreed
  43-14  to or contemplated to be advanced pursuant to such agreement equals
  43-15  or exceeds $250,000, or any extension or renewal of such loan or
  43-16  other extension of credit (regardless of whether or not the
  43-17  outstanding principal balance thereof at the time of such renewal
  43-18  or extension is $250,000 or more); and as to any such agreement to
  43-19  pay or payment, the claim or defense of usury by such person or
  43-20  such person's heirs, personal representatives, successors,
  43-21  substitutes, or anyone else on such person's behalf, or by any
  43-22  person acting as guarantor, surety, accommodation maker, or
  43-23  endorser for or with respect to such agreement to pay or payment,
  43-24  or by any person assuming the obligation of such payment or
  43-25  otherwise becoming liable therefor, or by any person owning or
   44-1  acquiring property subject to a lien securing such agreement to pay
   44-2  or such payment is prohibited.  Notwithstanding anything to the
   44-3  contrary contained herein, this Subsection (b) shall not apply to
   44-4  any loan or other extension of credit secured by (i) a lien on a
   44-5  building, constructed or to be constructed, which both is used or
   44-6  intended to be used as a single one-to-four family residence and is
   44-7  occupied or intended to be occupied by a person obligated to pay
   44-8  such loan or other extension of credit or (ii) a lien on land
   44-9  intended to be used primarily for agricultural or ranching
  44-10  purposes.  Nothing herein shall be construed to limit or otherwise
  44-11  affect the provisions or application of Article 2.09, Texas
  44-12  Miscellaneous Corporation Laws Act, as amended (Article 1302-1.01
  44-13  et seq., Vernon's Texas Civil Statutes), with respect to loans or
  44-14  other extensions of credit not covered hereby.>
  44-15        <(c)  Notwithstanding any contrary provisions of law, any
  44-16  person may agree to pay, and may pay pursuant to such an agreement,
  44-17  the same rate of interest as corporations (other than nonprofit
  44-18  corporations) on any loan in the principal amount of $500,000 or
  44-19  more, which is made for the purpose of the payment of the direct or
  44-20  indirect costs of exploration for oil and gas, the development of
  44-21  oil and gas properties, or the reworking of oil or gas wells,
  44-22  provided that the value of the collateral securing such loan is
  44-23  reasonably estimated by the lender at the time of the making of the
  44-24  loan to be in excess of the amount of the loan.  Such a loan shall
  44-25  not be subject to the defense of usury or the penalties for usury
   45-1  unless the interest rate exceeds the maximum lawful interest rate
   45-2  for corporations (other than nonprofit corporations).>
   45-3            <Text of (d) as added by Acts 1979, 66th Leg.,>
   45-4                       <p. 1766, ch. 715, Sec. 1>
   45-5        <(d)(1)  On any loan or agreement to loan secured or to be
   45-6  secured in whole or in part by a lien, mortgage, security interest,
   45-7  or other interest in or with respect to real property on which is
   45-8  located one or more single family dwellings, or dwelling units for
   45-9  not more than four families in the aggregate, interest may be
  45-10  charged at such rates as may be permitted by other applicable law
  45-11  or at the lesser of the following rates:>
  45-12        <(i)  12 percent per annum; or>
  45-13        <(ii)  a rate equivalent to the average per annum market
  45-14  yield rate adjusted to constant maturities on 10-year United States
  45-15  Treasury notes and bonds as published by the board of governors of
  45-16  the Federal Reserve System for the second calendar month preceding
  45-17  the month in which the lender becomes legally bound to make the
  45-18  loan plus an additional two percent per annum rounded off to the
  45-19  nearest quarter of one percent per annum.>
  45-20        <A "dwelling unit" shall mean for the purpose of this section
  45-21  a unified combination of rooms that is designed for residential use
  45-22  by one family.>
  45-23        <(2)  Before the 20th day of each month, the savings and loan
  45-24  commissioner shall ascertain the average per annum market yield
  45-25  rate adjusted to constant maturities on 10-year United States
   46-1  Treasury notes and bonds for the preceding calendar month and cause
   46-2  such rate to be published in the Texas Register.>
   46-3        <(3)  The interest rates authorized by this subsection shall
   46-4  not be applicable to any loan made on or after September 1, 1981,
   46-5  unless the lender had become legally bound to make such loan prior
   46-6  to such date.>
   46-7        <(4)  No prepayment charge or penalty may be collected on any
   46-8  loan transaction of the class defined in Subsection (d)(1) bearing
   46-9  a rate of interest in excess of that authorized by Article 1.04,
  46-10  Title 79, Revised Civil Statutes of Texas, 1925, except where such
  46-11  collection is required by an agency created by federal law.>
  46-12        <Text of (d) as added by Acts 1979, 66th Leg., p. 1766,>
  46-13    <ch. 715, Sec. 3, effective if floating rate provisions of (d)>
  46-14      <as added by Sec. 1 thereof are held to be unconstitutional>
  46-15        <(d)(1)  On any loan or agreement to loan secured or to be
  46-16  secured in whole or in party by a lien, mortgage, security
  46-17  interest, or other interest in or with respect to real property on
  46-18  which is located one or more single family dwellings, or dwelling
  46-19  units for not more than four families in the aggregate, interest
  46-20  may be charged at the rate of 12 percent per annum.>
  46-21        <A "dwelling unit" shall mean for the purpose of this section
  46-22  a unified combination of rooms that is designed for residential use
  46-23  by one family.>
  46-24        <(2)  The interest rates authorized by this subsection shall
  46-25  not be applicable to any loan made on or after September 1, 1981,
   47-1  unless the lender had become legally bound to make such loan prior
   47-2  to such date.>
   47-3        <(3)  No prepayment charge or penalty may be collected on any
   47-4  loan transaction of the class defined in Subsection (d)(1) bearing
   47-5  a rate of interest in excess of that authorized by Article 1.04,
   47-6  Title 79, Revised Civil Statutes of Texas, 1925, except where such
   47-7  collection is required by an agency created by federal law.>
   47-8        <(e)(1)  In this subsection "financial institution" means a
   47-9  state bank, state savings and loan association, mortgage banking
  47-10  institution, credit union, national bank, or federal savings and
  47-11  loan association, and "housing accommodation" means improved or
  47-12  unimproved real property, or a portion of that property, that is
  47-13  used or occupied or is intended, arranged, or designed to be used
  47-14  or occupied as the residence of one or more individuals.>
  47-15        <(2)  A financial institution may not charge interest under
  47-16  Subsection (d), Section 1 or Subsection (d) of Section 3 of this
  47-17  Act and the maximum rate of interest that it may charge is limited
  47-18  to 10 percent if the financial institution in connection with such
  47-19  loan discriminates in providing or granting financial assistance to
  47-20  purchase, rehabilitate, improve, or refinance a housing
  47-21  accommodation, due, in whole or in part, to the consideration of:>
  47-22        <(i)  conditions, characteristics, or trends in the
  47-23  neighborhood where the property is located, unless the financial
  47-24  institution can demonstrate that such a consideration in the
  47-25  particular case is required to avoid an unsafe or unsound business
   48-1  practice; or>
   48-2        <(ii)  race, color, religion, sex, marital status, national
   48-3  origin, or ancestry; or>
   48-4  <in appraising a housing accommodation or in determining whether or
   48-5  not, or under what terms and conditions, to provide financial
   48-6  assistance to purchase, rehabilitate, improve, or refinance a
   48-7  housing accommodation, considers:>
   48-8        <(i)  the racial, ethnic, religious, or national origin
   48-9  composition of the neighborhood or geographic area surrounding the
  48-10  property; or>
  48-11        <(ii)  whether or not that composition is undergoing change,
  48-12  or is expected to undergo change.>
  48-13        <(f)  Notwithstanding the provisions of this Article relating
  48-14  to the date of expiration of authority to charge certain rates of
  48-15  interest, as an alternative to the rates of interest provided for
  48-16  by this Article, any person may agree to pay, and may pay pursuant
  48-17  to such an agreement, any rate of interest that does not exceed a
  48-18  rate authorized by Article 1.04 of this Title.  If a loan for
  48-19  property that is to be the residential homestead of the borrower is
  48-20  made at a rate of interest that is greater than the rate prescribed
  48-21  by Subsection (d) of this Article, a prepayment charge or penalty
  48-22  may not be collected on the loan unless the charge or penalty is
  48-23  required by an agency created by federal law.>
  48-24        SECTION 8.  Title 79, Revised Civil Statutes of Texas, 1925
  48-25  (compiled as Title 79, Article 5069-1.01, et seq., Vernon's Texas
   49-1  Civil Statutes), is amended by adding a new Article 1.13 to read as
   49-2  follows:
   49-3  Art. 5069-1.13.  Certain items that do not constitute interest
   49-4        (a)  The term "interest", as used in this Subtitle, does not
   49-5  include any time price differential.  The contracting for,
   49-6  charging, or receipt of a time price differential is not regulated
   49-7  by this Title, except to the extent regulated by Chapter 6, 6A, or
   49-8  7 of this Title.
   49-9        (b)  In the case of any qualified commercial loan made to a
  49-10  business entity, the term "interest", as used in this Subtitle,
  49-11  does not include:
  49-12        (1)  any discount or commission that an obligor has paid or
  49-13  agreed to pay to one or more underwriters of securities issued by
  49-14  the obligor;
  49-15        (2)  any option or other right
  49-16        (A)  to exchange or redeem all or a portion of the principal
  49-17  amount of such loan, or interest on such principal amount, for,
  49-18        (B)  to convert all or a portion of such principal amount, or
  49-19  interest thereon, into, or
  49-20        (C)  to purchase in any other manner,
  49-21  capital stock or other equity securities of an obligor or of any
  49-22  affiliate of the obligor;
  49-23        (3)  any option or other right to participate in the income,
  49-24  revenues, or profits
  49-25        (A)  of an obligor, or of any affiliate of the obligor,
   50-1        (B)  of any segment of the business or operations of an
   50-2  obligor, or of any affiliate of the obligor, or
   50-3        (C)  derived or to be derived from any interest of an
   50-4  obligor, or of any affiliate of the obligor, in any real or
   50-5  personal property, including without limitation any proceeds of the
   50-6  sale or other disposition of any such interest; or
   50-7        (4)  any compensation realized as a result of the receipt,
   50-8  exercise, sale, or other disposition of any option or other right
   50-9  described in Subsection (2) or (3) of this section.
  50-10        (c)  For purposes of this Article, the terms "security" and
  50-11  "equity security" have the meanings assigned to those respective
  50-12  terms in the Securities Exchange Act of 1934, as amended.
  50-13        SECTION 9.  Title 79, Revised Civil Statutes of Texas, 1925
  50-14  (compiled as Title 79, Article 5069-1.01, et seq., Vernon's Texas
  50-15  Civil Statutes), is amended by adding a new Article 1.14 to read as
  50-16  follows:
  50-17  Art. 5069-1.14.  Prepayment premiums
  50-18        (a)  A creditor shall be allowed to contract for, charge, and
  50-19  receive prepayment premiums, and an agreement to pay a prepayment
  50-20  premium shall be enforceable in accordance with the terms of that
  50-21  agreement.
  50-22        (b)  A prepayment premium that an obligor has agreed to pay
  50-23  to a creditor does not constitute "interest", as that term is used
  50-24  in this Subtitle.
  50-25        (c)  This Article does not apply to any loan that is subject
   51-1  to Chapter 2, 3, 4, 5, 6, 6A, 7, 8, or 15 of this Title.
   51-2        SECTION 10.  Title 79, Revised Civil Statutes of Texas, 1925
   51-3  (compiled as Title 79, Article 5069-1.01, et seq., Vernon's Texas
   51-4  Civil Statutes), is amended by adding a new Article 1.15 to read as
   51-5  follows:
   51-6  Art. 5069-1.15.  Guaranties
   51-7        (a)  A creditor may require, as a condition to making,
   51-8  renewing, or extending a qualified commercial loan made to a
   51-9  business entity, that an obligor enter into a guaranty, and neither
  51-10  the guaranty nor any compensation received by the creditor pursuant
  51-11  to the guaranty shall constitute "interest", as that term is used
  51-12  in this Subtitle, in respect of such loan or in respect of the
  51-13  obligation that is the subject of the guaranty.
  51-14        (b)  This Article does not apply to any loan that is subject
  51-15  to Chapter 2, 3, 4, 5, 6, 6A, 7, 8, or 15 of this Title.
  51-16        SECTION 11.  Title 79, Revised Civil Statutes of Texas, 1925
  51-17  (compiled as Title 79, Article 5069-1.01, et seq., Vernon's Texas
  51-18  Civil Statutes), is amended by adding a new Article 1.16 to read as
  51-19  follows:
  51-20  Art. 5069-1.16.  Loan Expenses
  51-21        (a)  A creditor shall be allowed to (1) contract for the
  51-22  payment by an obligor of loan expenses in connection with a loan
  51-23  that is or was made, or is or was proposed to be made, to the
  51-24  obligor, and (2) charge and receive such loan expenses from the
  51-25  obligor or require the obligor to pay such loan expenses to the
   52-1  persons who rendered services to the creditor.
   52-2        (b)  Loan expenses agreed to be paid by an obligor in
   52-3  connection with a loan that is or was made, or is or was proposed
   52-4  to be made, to the obligor do not constitute "interest", as that
   52-5  term is used in this Subtitle.
   52-6        (c)  This Article does not apply to any loan that is subject
   52-7  to Chapter 2, 3, 4, 5, 6, 6A, 7, 8, or 15 of this Title.
   52-8        SECTION 12.  Title 79, Revised Civil Statutes of Texas, 1925
   52-9  (compiled as Title 79, Article 5069-1.01, et seq., Vernon's Texas
  52-10  Civil Statutes), is amended by adding a new Article 1.17 to read as
  52-11  follows:
  52-12  Art. 5069-1.17.  No penalty in respect of amounts payable pursuant
  52-13  to a final judgment
  52-14        A creditor shall not be liable to an obligor under this
  52-15  Subtitle as a result of the receipt by the creditor from the
  52-16  obligor of any amount of conventional interest (including, without
  52-17  limitation, any prepayment premium, late payment charge, or loan
  52-18  expenses that the obligor has not agreed to pay), any amount of
  52-19  legal interest, or any amount of prepayment premium, late payment
  52-20  charge, or loan expenses agreed to be paid by the obligor if such
  52-21  amount is payable by the obligor to the creditor pursuant to a
  52-22  judgment that has become final and is no longer subject to
  52-23  modification or reversal.
  52-24        SECTION 13.  Article 342-5.08, The Texas Banking Code of 1943
  52-25  (Article 342-501, et seq., Vernon's Texas Civil Statutes), is
   53-1  repealed.
   53-2        SECTION 14.  This Act shall apply to any loan of money, or
   53-3  other extension of credit, made or extended before, on, or after
   53-4  the effective date of this Act; provided, however, that this Act
   53-5  shall not apply to any action that was filed in a court of
   53-6  competent jurisdiction before the effective date of this Act, and
   53-7  the provisions of Subtitle 1 of Title 79, Revised Civil Statutes of
   53-8  Texas, 1925, in effect immediately prior to the effective date of
   53-9  this Act are continued in full force and effect solely for the
  53-10  purposes of determining the rights and liabilities of the parties
  53-11  to such an action.
  53-12        SECTION 15.  This Act takes effect September 1, 1993.
  53-13        SECTION 16.  The importance of this legislation and the
  53-14  crowded condition of the calendars in both houses create an
  53-15  emergency and an imperative necessity that the constitutional rule
  53-16  requiring bills to be read on three several days in each house be
  53-17  suspended, and this rule is hereby suspended.