By: Sibley S.B. No. 551
73R4535 LJD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to excluding certain sums related to asset-backed
1-3 securities from the definition of interest.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle 1, Title 79, Revised Statutes (Article
1-6 5069-1.01 et seq., Vernon's Texas Civil Statutes), is amended by
1-7 adding Article 1.13 to read as follows:
1-8 Art. 1.13. CERTAIN SUMS EXCLUDED FROM DEFINITION OF INTEREST
1-9 WITH RESPECT TO ASSET-BACKED SECURITIES. (a) In this article:
1-10 (1) "Asset-backed securities" means debt obligations
1-11 or certificates of beneficial ownership that are:
1-12 (A) part of a single issue or single series of
1-13 securities aggregating $1,000,000 or more issuable in one or more
1-14 classes;
1-15 (B) secured by a pledge of or represent an
1-16 undivided ownership interest in a pool of assets, including loans,
1-17 leases, insurance premiums, and credit card or other types of
1-18 receivables; and
1-19 (C) issued by a pass-through entity for a
1-20 business, commercial, agricultural, investment, or similar purpose.
1-21 (2) "Pass-through entity" means a corporation, limited
1-22 liability company, association, general partnership, registered
1-23 limited liability partnership, limited partnership or business,
1-24 grantor or common-law trust under state law, or segregated pool of
2-1 assets under federal tax law that, on the date of original issuance
2-2 of asset-backed securities, does not have significant assets other
2-3 than:
2-4 (A) assets pledged to or held for the benefit of
2-5 holders of the asset-backed securities; or
2-6 (B) assets pledged to or held for the benefit of
2-7 holders of other asset-backed securities issued on an earlier date.
2-8 (b) Notwithstanding Article 1.01 of this subtitle, for
2-9 purposes of this title the term "interest" excludes any sums paid
2-10 or passed through, obligated to be paid or to be passed through, or
2-11 not paid as a result of a discounted sale price to the holders of
2-12 asset-backed securities by a pass-through entity, in connection
2-13 with the original issuance or otherwise, regardless of the
2-14 denomination of the sums under the terms of the asset-backed
2-15 securities. Sums excluded from the definition of interest by this
2-16 article are not subject to Article 1.04 of this subtitle.
2-17 (c) This article does not affect or otherwise apply to
2-18 conventional interest, as defined by Article 1.01 of this subtitle,
2-19 paid, charged, or received on the assets pledged to or held for the
2-20 benefit of the holders of asset-backed securities.
2-21 SECTION 2. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended,
2-26 and that this Act take effect and be in force from and after its
2-27 passage, and it is so enacted.