Amend CSHB 1971 by adding the following appropriately
numbered section and renumbering sections appropriately:
SECTION ____. Title 16, Revised Statutes, is amended by
adding Article 375 to read as follows:
Art. 375. LIMITATIONS ON CHARGES ON LOANS REQUIRING ESCROW
ACCOUNT
Sec. 1. If an escrow account is required to be maintained
in connection with a loan secured by a mortgage on residential real
property, the holder of the mortgage may not charge or collect
interest on the loan or a penalty relating to the loan for any
period during which the balance in the escrow account exceeds the
unpaid principal balance of the loan.
Sec. 2. A lender who violates Section 1 commits usury and
is liable to the borrower for an amount equal to the amount
computed as follows as of the date of the violation:
(1) three times the amount of the unpaid principal
balance of the loan; and
(2) three times the balance of the escrow account.
Sec. 3. A violation of Section 1 is a deceptive trade
practice actionable under Subchapter E, Chapter 17, Business &
Commerce Code.