By Marchant H.B. No. 1971
75R5641 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to usury and the regulation of lenders.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle 1, Title 79, Revised Statutes, is
1-5 amended by adding Chapters 1B-1H to read as follows:
1-6 CHAPTER 1B. GENERAL PROVISIONS
1-7 Art. 1B.001. SHORT TITLE. This title may be cited as the
1-8 Texas Credit Title.
1-9 Art. 1B.002. DEFINITIONS. (a) In this subtitle:
1-10 (1) "Contract interest" means interest that an obligor
1-11 has paid or agreed to pay to a creditor under a written contract of
1-12 the parties. The term "contract interest" does not include
1-13 judgment interest.
1-14 (2) "Credit card transaction" means a transaction for
1-15 personal, family, or household use in which a credit card, plate,
1-16 coupon book, or credit card cash advance check may be used or is
1-17 used to debit an open-end account in connection with:
1-18 (A) a purchase or lease of goods or services; or
1-19 (B) a loan of money.
1-20 (3) "Creditor" means a person who loans money or
1-21 otherwise extends credit. The term "creditor" does not include a
1-22 judgment creditor.
1-23 (4) "Interest" means compensation for the use,
1-24 forbearance, or detention of money. The term "interest" does not
2-1 include time price differential, regardless of how it is
2-2 denominated.
2-3 (5) "Judgment creditor" means a person to whom a money
2-4 judgment is payable.
2-5 (6) "Judgment debtor" means a person obligated to pay
2-6 a money judgment.
2-7 (7) "Judgment interest" means interest on a money
2-8 judgment, whether the interest accrues before, on, or after the
2-9 date the judgment is rendered.
2-10 (8) "Legal interest" means interest charged or
2-11 received in the absence of any agreement by an obligor to pay
2-12 contract interest. The term "legal interest" does not include
2-13 judgment interest.
2-14 (9) "Lender credit card agreement":
2-15 (A) means an agreement between a creditor and an
2-16 obligor that provides:
2-17 (i) the obligor, by means of a credit card
2-18 transaction for personal, family, or household use, may:
2-19 (a) obtain loans from the
2-20 creditor directly or through other participating persons; and
2-21 (b) lease or purchase goods
2-22 or services from more than one participating lessor or seller who
2-23 honors the creditor's credit card;
2-24 (ii) the creditor or another person acting
2-25 in cooperation with the creditor is to reimburse the participating
2-26 persons, lessors, or sellers for the loans or the goods or
2-27 services purchased or leased;
3-1 (iii) the obligor is to pay the creditor
3-2 the amount of the loan or cost of the lease or purchase;
3-3 (iv) the unpaid balance of the loan,
3-4 lease, or purchase and interest on that unpaid balance are debited
3-5 to the obligor's account under the agreement;
3-6 (v) interest may be computed on the
3-7 balances of the obligor's account but is not precomputed; and
3-8 (vi) the obligor and the creditor may
3-9 agree that payment of part of the balance may be deferred;
3-10 (B) includes an agreement under Article 3A.805,
3-11 15.01(k), or 15.01(l) for an open-end account under which credit
3-12 card transactions may be made or a merchant discount may be taken;
3-13 and
3-14 (C) does not include:
3-15 (i) an agreement, including an open-end
3-16 account credit agreement, between a seller and a buyer or between a
3-17 lessor and a lessee; or
3-18 (ii) an agreement under which:
3-19 (a) the entire balance is
3-20 due in full each month; and
3-21 (b) no interest is charged
3-22 if the obligor pays the entire balance each month.
3-23 (10) "Loan" means an advance of money that is made to
3-24 or on behalf of an obligor, the principal amount of which the
3-25 obligor has an obligation to pay the creditor. The term "loan"
3-26 does not include a judgment.
3-27 (11) "Merchant discount" means the consideration,
4-1 including a fee, charge, discount, or compensating balance, that a
4-2 creditor requires, or that a creditor, subsidiary, or parent
4-3 company of the creditor, or subsidiary of the creditor's parent
4-4 company, receives directly or indirectly from a person other than
4-5 the obligor in connection with a credit card transaction under a
4-6 lender credit card agreement between the obligor and the creditor.
4-7 The term "merchant discount" does not include consideration
4-8 received by a creditor from the obligor in connection with the
4-9 credit card transaction.
4-10 (12) "Money judgment" means a judgment for money
4-11 entered by a court of competent jurisdiction. For purposes of this
4-12 subtitle, the term "money judgment" includes legal interest or
4-13 contract interest, if any, that is payable to a judgment creditor
4-14 under a judgment.
4-15 (13) "Obligor" means a person to whom money is loaned
4-16 or credit is otherwise extended. The term "obligor" does not
4-17 include:
4-18 (A) a judgment debtor; or
4-19 (B) a surety, guarantor, or similar person.
4-20 (14) "Open-end account":
4-21 (A) means an account under a written contract
4-22 between a creditor and an obligor that:
4-23 (i) the creditor reasonably contemplates
4-24 repeated transactions and the obligor is authorized to make
4-25 purchases or borrow money;
4-26 (ii) interest or time price differential
4-27 may be charged from time to time on an outstanding unpaid balance;
5-1 and
5-2 (iii) the amount of credit that may be
5-3 extended during the term of the account is generally made available
5-4 to the extent that any outstanding balance is repaid; and
5-5 (B) includes an account under an agreement
5-6 described by Article 3A.805 or Chapter 6 or 15.
5-7 (15) "Person" means an individual, partnership,
5-8 corporation, joint venture, trust, association, or any legal entity
5-9 however organized.
5-10 (16) "Prepayment penalty" means consideration agreed
5-11 on and contracted for a discharge and release of a loan before its
5-12 maturity or its regularly scheduled date or dates of payment, as a
5-13 result of an election by the obligor to pay all of the principal
5-14 amount before its stated maturity or its regularly scheduled date
5-15 or dates of payment.
5-16 (17) "Time price differential" means an amount,
5-17 however denominated or expressed, that is:
5-18 (A) added to the price at which a seller offers
5-19 to sell services or real or personal property to a purchaser for
5-20 cash payable at the time of sale; and
5-21 (B) paid or payable to the seller by the
5-22 purchaser for the privilege of paying the offered sales price after
5-23 the time of sale.
5-24 (18) "Usury" or "usurious interest" means interest
5-25 that exceeds the applicable maximum amount allowed by law.
5-26 (b) These definitions shall be liberally construed to
5-27 accomplish the purposes of this subtitle.
6-1 (c) The finance commission by rule may adopt other
6-2 definitions to accomplish the purposes of this subtitle.
6-3 CHAPTER 1C. INTEREST RATES
6-4 SUBCHAPTER A. USURY
6-5 Art. 1C.001. USURIOUS RATE OF INTEREST. (a) A creditor may
6-6 contract for, charge, and receive from an obligor interest or time
6-7 price differential.
6-8 (b) The maximum rate or amount of interest is 10 percent a
6-9 year except as otherwise provided by law. A greater rate of
6-10 interest than 10 percent a year unless otherwise provided by law is
6-11 usurious. All contracts for usury are contrary to public policy
6-12 and subject to the appropriate penalty prescribed by Chapter 1F.
6-13 (c) To determine the interest rate of a loan under this
6-14 subtitle, all interest at any time contracted for shall be
6-15 aggregated and amortized using the actuarial method during the
6-16 stated term of the loan.
6-17 Art. 1C.002. ACCRUAL OF INTEREST WHEN NO RATE SPECIFIED. If
6-18 a creditor has not agreed with an obligor to charge the obligor any
6-19 interest, the creditor may charge and receive from the obligor
6-20 legal interest at the rate of six percent a year on the principal
6-21 amount of the credit extended by the creditor to the obligor
6-22 beginning on the 30th day after the date on which the amount is
6-23 due. If an obligor has agreed to pay to a creditor any
6-24 compensation that constitutes interest, the obligor is considered
6-25 to have agreed on the rate produced by the amount of that interest,
6-26 regardless of whether that rate is stated in the agreement.
7-1 SUBCHAPTER B. OTHER RATES AND PROVISIONS
7-2 ON LOANS SECURED BY REAL PROPERTY
7-3 Art. 1C.101. DETERMINING RATES OF INTEREST BY SPREADING.
7-4 (a) To determine whether a loan secured in any part by an interest
7-5 in real property, including a lien, mortgage, or security interest,
7-6 is usurious, the interest rate is computed by amortizing or
7-7 spreading, using the actuarial method during the stated term of the
7-8 loan, all interest at any time contracted for, charged, or received
7-9 in connection with the loan.
7-10 (b) If a loan described in Subsection (a) is paid in full
7-11 before the end of the stated term of the loan and the amount of
7-12 interest received for the period that the loan exists exceeds the
7-13 amount that produces the maximum rate authorized by law for that
7-14 period, the lender shall:
7-15 (1) refund the amount of the excess to the borrower;
7-16 or
7-17 (2) credit the amount of the excess against amounts
7-18 owing under the loan.
7-19 (c) A lender who complies with Subsection (b) is not subject
7-20 to any of the penalties provided by law for contracting for,
7-21 charging, or receiving interest in excess of the maximum rate
7-22 authorized.
7-23 Art. 1C.102. PROHIBITION ON PREPAYMENT CHARGE OR PENALTY.
7-24 If a loan for property that is to be the residential homestead of
7-25 the borrower is made at an interest rate that is greater than a
7-26 rate of 12 percent a year, a prepayment charge or penalty may not
7-27 be collected on the loan unless the charge or penalty is required
8-1 by an agency created by federal law.
8-2 Art. 1C.103. EFFECT OF FEDERAL PREEMPTION ON LATE CHARGES.
8-3 On loans subject to 12 U.S.C. Section 1735f-7, as amended, late
8-4 charges, if assessed, are interest that is included in computing
8-5 the amount or rate of interest on the loan and, therefore, covered
8-6 by the federal preemption of state interest rate limitations.
8-7 CHAPTER 1D. OPTIONAL RATE CEILINGS
8-8 SUBCHAPTER A. RATE CEILINGS: APPLICABILITY, COMPUTATION,
8-9 AND PUBLICATION
8-10 Art. 1D.001. USE OF CEILINGS. (a) Except as provided by
8-11 Subchapter B, a person may contract for, charge, or receive a rate
8-12 or amount that does not exceed the applicable interest rate ceiling
8-13 provided by this chapter. The use of a ceiling provided by this
8-14 chapter for any contract is optional, and a contract may provide
8-15 for a rate or amount allowed by other applicable law.
8-16 (b) A contract, including a contract for an open-end
8-17 account, that is subject to Chapter 3A, 6, 6A, or 7 may, as an
8-18 alternative to an interest rate or amount of time price
8-19 differential allowed under that chapter, provide for a simple or
8-20 precomputed rate or amount of time price differential that does not
8-21 exceed the applicable ceiling provided by this chapter or by the
8-22 equivalent yield authorized by Chapter 3A, 6, 6A, or 7.
8-23 (c) Except as inconsistent with this chapter, a party to a
8-24 contract that is subject to Chapter 3A, 6, 6A, or 7, or the party's
8-25 assignee, has all rights, duties, and obligations under the
8-26 applicable chapter, including those relating to refund credits on
8-27 prepayment or acceleration.
9-1 Art. 1D.002. WEEKLY CEILING. The parties to a written
9-2 agreement may agree to an interest rate, or in an agreement
9-3 described in Chapter 6, 6A, or 7, an amount of time price
9-4 differential producing a rate, that does not exceed the applicable
9-5 weekly ceiling.
9-6 Art. 1D.003. COMPUTATION OF WEEKLY CEILING. (a) The weekly
9-7 ceiling is computed by:
9-8 (1) multiplying the auction rate by two; and
9-9 (2) rounding the result obtained under Subdivision (1)
9-10 to the nearest one-quarter of one percent.
9-11 (b) The weekly rate ceiling becomes effective on Monday of
9-12 each week and remains in effect through the following Sunday.
9-13 (c) In this article, "auction rate" means the auction
9-14 average rate quoted on a bank discount basis for 26-week treasury
9-15 bills issued by the United States government, as published by the
9-16 Federal Reserve Board, for the week preceding the week in which the
9-17 weekly rate ceiling is to take effect.
9-18 Art. 1D.004. MONTHLY CEILING. (a) The monthly ceiling may
9-19 be used as an alternative to the weekly ceiling only for a contract
9-20 that:
9-21 (1) provides for a variable rate, including a contract
9-22 for an open-end account; and
9-23 (2) is not made for personal, family, or household
9-24 use.
9-25 (b) A contract that provides for the use of the monthly
9-26 ceiling may not provide for the use of another rate ceiling
9-27 provided under this subchapter.
10-1 Art. 1D.005. COMPUTATION OF MONTHLY CEILING. (a) The
10-2 consumer credit commissioner shall compute the monthly ceiling on
10-3 the first business day of the calendar month in which the rate
10-4 applies. The monthly ceiling is effective for one month beginning
10-5 on the first calendar day of each month. If the parties agree that
10-6 the rate is subject to being adjusted on a monthly basis, they may
10-7 further contract that the rate from time to time in effect may not
10-8 exceed the monthly ceiling from time to time in effect under this
10-9 article and the monthly ceiling from time to time in effect is the
10-10 ceiling on those contracts.
10-11 (b) The monthly ceiling is computed by averaging all of the
10-12 weekly ceilings computed using rates from auctions held during the
10-13 calendar month preceding the computation date of the monthly
10-14 ceiling.
10-15 Art. 1D.006. QUARTERLY CEILING. (a) A written contract,
10-16 including a contract that involves an open-end account, may, as an
10-17 alternative to the weekly ceiling, provide for an interest rate or
10-18 an amount of time price differential producing a rate that does not
10-19 exceed the applicable quarterly ceiling.
10-20 (b) A variable rate contract authorized under Article 1D.015
10-21 may not provide for use of both the weekly ceiling and the
10-22 quarterly ceiling.
10-23 Art. 1D.007. ANNUALIZED CEILING. The annualized ceiling may
10-24 be used as an alternative to the weekly ceiling only for a written
10-25 contract that involves an open-end account.
10-26 Art. 1D.008. COMPUTATION OF QUARTERLY AND ANNUALIZED
10-27 CEILING. (a) On December 1, March 1, June 1, and September 1 of
11-1 each year, the consumer credit commissioner shall compute the
11-2 quarterly ceiling and annualized ceiling for the calendar quarter
11-3 beginning the following January 1, April 1, July 1, and October 1,
11-4 respectively. The quarterly ceiling becomes effective for
11-5 three-month periods beginning on the four calendar dates set out in
11-6 this subsection and is subject to adjustment after each three-month
11-7 period. The annualized ceiling becomes effective on each of the
11-8 four calendar dates set out in this subsection and remains in
11-9 effect for a period of 12 months, at which time it is subject to
11-10 adjustment.
11-11 (b) The quarterly ceiling and annualized ceiling are
11-12 computed by averaging all of the weekly ceilings computed using
11-13 average auction rates during the three calendar months preceding
11-14 the computation date of the ceiling.
11-15 Art. 1D.009. MAXIMUM AND MINIMUM WEEKLY, MONTHLY, QUARTERLY,
11-16 OR ANNUALIZED CEILING. (a) If the rate computed for the weekly,
11-17 monthly, quarterly, or annualized ceiling is less than 18 percent a
11-18 year, the ceiling is 18 percent a year.
11-19 (b) Except as provided by Subsection (c) or (d), if the rate
11-20 computed for the weekly, monthly, quarterly, or annualized ceiling
11-21 is more than 24 percent a year, the ceiling is 24 percent a year.
11-22 (c) For a contract made, extended, or renewed under which
11-23 credit is extended for a business, commercial, investment, or
11-24 similar purpose and the amount of the credit extension is $250,000
11-25 or more, the 24-percent limitation on the ceilings in Subsection
11-26 (b) does not apply, and the limitation on the ceilings determined
11-27 by those computations is 28 percent a year.
12-1 (d) For an open-end account credit agreement that provides
12-2 for credit card transactions on which a merchant discount is not
12-3 imposed or received by the creditor, if the rate computed for the
12-4 weekly ceiling, monthly ceiling, quarterly ceiling, or annualized
12-5 ceiling is more than 21 percent a year, the ceiling is 21 percent a
12-6 year.
12-7 (e) In this chapter, "weekly ceiling," "monthly ceiling,"
12-8 "quarterly ceiling," or "annualized ceiling" refers to that ceiling
12-9 as determined after the application of this article.
12-10 Art. 1D.010. COMPUTATION OF CEILING IF INFORMATION
12-11 UNAVAILABLE. If any of the information required to compute a rate
12-12 ceiling is discontinued or is no longer available to the consumer
12-13 credit commissioner from the Federal Reserve Board in the time
12-14 required for the computation, the ceiling last computed remains in
12-15 effect until the information becomes available and a new ceiling is
12-16 computed from the obtained information.
12-17 Art. 1D.011. PUBLICATION OF RATE CEILINGS. (a) The
12-18 consumer credit commissioner shall send the rate ceilings computed
12-19 under this subchapter to the secretary of state for publication in
12-20 the Texas Register.
12-21 (b) The monthly, quarterly, or annualized ceiling shall be
12-22 published before the 11th day after the date on which the ceiling
12-23 is computed.
12-24 Art. 1D.012. JUDICIAL NOTICE. A court may take judicial
12-25 notice of interpretations issued by the consumer credit
12-26 commissioner or information published in the Texas Register under
12-27 Article 1D.011.
13-1 Art. 1D.013. DETERMINATION OF CEILING FOR CONTRACT TO RENEW
13-2 OR EXTEND DEBT PAYMENT. The rate ceiling for a contract to renew
13-3 or extend the terms of payment of a debt is the ceiling in effect
13-4 under this chapter when the contract for renewal or extension is
13-5 made, regardless of when the debt is incurred.
13-6 Art. 1D.014. RATE FOR LENDER CREDIT CARD AGREEMENT WITH
13-7 MERCHANT DISCOUNT. On an amount owed for a credit card transaction
13-8 under a lender credit card agreement that imposes or allows the
13-9 creditor to receive a merchant discount, the creditor may not
13-10 contract for, charge, or receive:
13-11 (1) a rate that exceeds the ceiling provided under
13-12 Article 15.02; or
13-13 (2) a fee or charge that:
13-14 (A) is not allowed under Chapter 15; or
13-15 (B) exceeds the amount allowed under Chapter 15.
13-16 Art. 1D.015. VARIABLE RATE. (a) The parties to a contract,
13-17 including a contract for an open-end account, may agree to any
13-18 index, formula, or provision of law by which the interest rate or
13-19 amount of time price differential will be determined, but the
13-20 agreed rate of interest or yield from an amount of time price
13-21 differential may not exceed the amount that would be produced by
13-22 the rate ceiling applicable to the contract.
13-23 (b) A variable contract rate described by this article may
13-24 not be used in a contract in which the interest or time price
13-25 differential is precomputed and added into the amount of the
13-26 contract at the time the contract is made.
13-27 (c) A variable rate agreement for credit extended primarily
14-1 for personal, family, or household use must have the disclosures
14-2 identified for variable rate contracts as specified by the
14-3 regulations issued by the Federal Reserve Board under the Truth in
14-4 Lending Act (15 U.S.C. Section 1601 et seq.), as amended, or if
14-5 that Act does not apply to a transaction for personal, family, or
14-6 household use due to the amount of the transaction, the following
14-7 disclosure must be given in a size equal to at least 10-point type
14-8 that is boldface, capitalized, underlined, or otherwise set out
14-9 from surrounding material so as to be conspicuous:
14-10 "NOTICE TO CONSUMER: UNDER TEXAS LAW, IF YOU CONSENT TO THIS
14-11 AGREEMENT, YOU MAY BE SUBJECT TO A FUTURE RATE AS HIGH AS 24
14-12 PERCENT PER YEAR."
14-13 Art. 1D.016. CHARGING OF RATE LOWER THAN AGREED RATE. A
14-14 creditor may charge an interest rate or amount of time price
14-15 differential that is lower than the rate agreed to in the contract.
14-16 SUBCHAPTER B. OPEN-END ACCOUNTS
14-17 Art. 1D.101. OPEN-END ACCOUNT: CEILINGS. (a) To use the
14-18 quarterly or annualized ceiling for setting the interest rate on
14-19 current and future open-end account balances, the agreement must
14-20 provide for use of the ceiling, and the creditor must give notice
14-21 of the interest rate after the date on which the quarterly or
14-22 annualized ceiling is computed but before the last day of the next
14-23 succeeding calendar quarter.
14-24 (b) If the annualized ceiling is used, the rate is effective
14-25 for the 12-month period beginning on the date on which the rate
14-26 takes effect for the account.
14-27 (c) If the quarterly ceiling is used, the rate is effective
15-1 for the three-month period beginning on the date on which the rate
15-2 takes effect for the account.
15-3 (d) If a quarterly or annualized ceiling is being used for
15-4 an account and if the rate for the applicable period is less than
15-5 or equal to the ceiling to be in effect for the succeeding period
15-6 of equal length, the creditor may leave that rate in effect for the
15-7 succeeding period.
15-8 (e) A creditor who has disclosed to an obligor that an
15-9 election may be renewed under Subsection (d) is not required to
15-10 give additional notice of a renewal under that subsection.
15-11 (f) To increase a previously agreed rate, a creditor shall
15-12 comply with Article 1D.103 before the end of the last calendar
15-13 quarter of the period in which the rate previously agreed to is in
15-14 effect. The ceiling in effect for that period remains the ceiling
15-15 until the parties to the agreement agree to a new rate.
15-16 Art. 1D.102. VARIABLE RATE OPEN-END ACCOUNT: CEILINGS. The
15-17 applicable rate ceiling for an open-end account agreement that
15-18 provides for a variable rate or amount according to an index,
15-19 formula, or provision of law disclosed to the obligor, other than a
15-20 variable rate commercial contract that is subject to Article
15-21 1D.004, is the annualized, quarterly, or weekly ceiling as
15-22 disclosed to the obligor. The annualized ceiling shall be adjusted
15-23 after each 12-month period, the quarterly ceiling shall be adjusted
15-24 after each three-month period, and the weekly ceiling shall be
15-25 adjusted weekly.
15-26 Art. 1D.103. OPEN-END ACCOUNT: CHANGE OF ANY AGREEMENT TERM.
15-27 (a) An agreement covering an open-end account may provide that the
16-1 creditor may change the terms of the agreement for current and
16-2 future balances of that account by giving notice of the change to
16-3 the obligor.
16-4 (b) A notice under this article to change a provision of an
16-5 account, including the rate, or the index or formula used to
16-6 compute the rate, must include:
16-7 (1) the new provision, the new rate, or the index or
16-8 formula to be used to compute the rate;
16-9 (2) the date on which the change is to take effect;
16-10 (3) the period for which the change is to be effective
16-11 or after which the rate will be adjusted;
16-12 (4) a statement of whether the change is to affect
16-13 current and future balances; and
16-14 (5) the obligor's rights under this article and the
16-15 procedures for the obligor to exercise those rights.
16-16 (c) A creditor who increases a rate shall include with a
16-17 notice required by this article a form that may be returned at the
16-18 expense of the creditor and on which the obligor may indicate by
16-19 checking or marking an appropriate box or by a similar arrangement
16-20 the obligor's decision not to continue the account. The form may
16-21 be included on a part of the account statement that is to be
16-22 returned to the creditor or on a separate sheet. In addition to
16-23 the requirements of Subsection (b), the notice must include:
16-24 (1) the address to which the obligor may send notice
16-25 of the obligor's election not to continue the open-end account; and
16-26 (2) the following statement printed in not less than
16-27 10-point type or computer equivalent:
17-1 "YOU MAY TERMINATE THIS AGREEMENT IF YOU DO NOT WISH TO PAY
17-2 THE NEW RATE."
17-3 (d) An obligor is considered to have agreed to a change
17-4 under this article if the creditor mails a notice required by this
17-5 article to the obligor's most recent address shown in the
17-6 creditor's records and:
17-7 (1) the obligor chooses to retain the privilege of
17-8 using the open-end account;
17-9 (2) the obligor or a person authorized by the obligor
17-10 accepts or uses an extension of credit after the fifth day after
17-11 the date on which the notice is mailed; or
17-12 (3) the obligor does not notify the creditor in
17-13 writing before the 21st day after the date on which the notice is
17-14 mailed that the obligor does not wish to continue to use the
17-15 open-end account.
17-16 (e) An obligor who rejects a rate change in accordance with
17-17 this article is entitled to pay the balance on the open-end account
17-18 at the rate and over the period in effect immediately before the
17-19 date of the proposed change and under the same minimum payment
17-20 terms provided by the agreement. Rejection of a new rate does not
17-21 accelerate payment of the balance due.
17-22 (f) The procedure provided by this article for changing the
17-23 terms of an agreement is in addition to other means of amending the
17-24 agreement provided by law.
17-25 Art. 1D.104. OPEN-END ACCOUNT: DISCLOSURE OF CERTAIN RATE
17-26 VARIATIONS. (a) Except as provided by Subsection (b), a variation
17-27 in an interest rate on an account resulting from operation of the
18-1 previously disclosed index, formula, or provision of law is not
18-2 required to be disclosed under Article 1D.101 or 1D.103.
18-3 (b) Except as inconsistent with federal law, the creditor on
18-4 an open-end account agreement that provides for a variable interest
18-5 rate according to an index, formula, or provision of law, that is
18-6 primarily for personal, family, or household use, and that is
18-7 subject to this chapter shall give to the obligor notice of a
18-8 change in the rate resulting from operation of the index, formula,
18-9 or provision of law. The notice must be given:
18-10 (1) by a document mailed on or before the beginning of
18-11 the first cycle for which the change becomes effective; or
18-12 (2) on or with:
18-13 (A) the billing statement for a billing cycle
18-14 that precedes the cycle for which the change becomes effective, if
18-15 the account is covered by Article 15.02(d); or
18-16 (B) any billing statement, if the account is not
18-17 covered by Article 15.02(d).
18-18 Art. 1D.105. OPEN-END ACCOUNT: CEILING FOR PLAN OR
18-19 ARRANGEMENT. If a creditor implements a quarterly or annualized
18-20 ceiling for a majority of the creditor's open-end accounts that are
18-21 under a particular plan or arrangement and that are for obligors in
18-22 this state, that ceiling is also the ceiling for all open-end
18-23 accounts that are opened or activated under that plan for obligors
18-24 in this state during the period that the election is in effect.
18-25 SUBCHAPTER C. OTHER PROVISIONS
18-26 Art. 1D.201. CONSUMER LOANS AND SECONDARY MORTGAGE LOANS.
18-27 (a) A loan for which the rate is authorized under this chapter is
19-1 subject to Chapter 3A if the loan is:
19-2 (1) extended primarily for personal, family, or
19-3 household use and not extended for a business, commercial,
19-4 investment, agricultural, or other similar purpose;
19-5 (2) not secured by a lien on real estate; and
19-6 (3) made by a person engaged in the business of making
19-7 or negotiating those types of loans.
19-8 (b) A loan for which the rate is authorized is subject to
19-9 Chapter 3A if the loan is:
19-10 (1) extended primarily for personal, family, or
19-11 household use and not for a business, commercial, investment,
19-12 agricultural, or other similar purpose;
19-13 (2) predominantly payable in monthly installments;
19-14 (3) described by Article 3A.001(3), 3A.501, or 3A.806;
19-15 and
19-16 (4) made, negotiated, or arranged by a person engaged
19-17 in the business of making, negotiating, or arranging those types of
19-18 loans.
19-19 (c) A person other than a bank, savings bank, or savings and
19-20 loan association engaged in the business of making loans described
19-21 by Subsection (a) or (b) must obtain a license under Chapter 3A.
19-22 (d) Except as inconsistent with this chapter:
19-23 (1) a person engaged in the business of extending
19-24 open-end credit primarily for personal, family, or household use
19-25 and who charges on an open-end account a rate or amount under
19-26 authority of this chapter is subject to the applicable chapter in
19-27 Subtitle 2 or Chapter 15; and
20-1 (2) a party to an account described in Subdivision (1)
20-2 or the party's assignees has all the rights, duties, and
20-3 obligations under that applicable chapter.
20-4 (e) Subsection (c) does not apply to a person who is subject
20-5 to Chapter 24, Insurance Code.
20-6 SUBCHAPTER D. LIMITATIONS ON APPLICABILITY OF CHAPTER
20-7 Art. 1D.301. AGREEMENT TO WHICH CHAPTER DOES NOT APPLY. The
20-8 rate ceilings provided by this chapter do not apply to an
20-9 agreement:
20-10 (1) under which credit is extended by the seller, or
20-11 an owner, subsidiary, or corporate affiliate of the seller, for a
20-12 home solicitation transaction as defined by Chapter 13; and
20-13 (2) that is secured by a lien on the obligor's
20-14 homestead.
20-15 Art. 1D.302. REQUIREMENTS INCONSISTENT WITH FEDERAL LAW.
20-16 (a) A person is not required to comply with a disclosure or notice
20-17 requirement of this chapter that is inconsistent with federal law
20-18 or regulation.
20-19 (b) A creditor may modify a disclosure or notice requirement
20-20 of this chapter to conform to federal law.
20-21 SUBCHAPTER E. ENFORCEMENT
20-22 Art. 1D.401. WHEN ACT OR OMISSION NOT VIOLATION. An act or
20-23 omission does not violate this title if the act or omission
20-24 conforms to an interpretation of this title that is in effect at
20-25 the time of the act or omission and that was made by:
20-26 (1) the consumer credit commissioner under Article
20-27 2.02A(10) of this title; or
21-1 (2) an appellate court of this state or the United
21-2 States.
21-3 Art. 1D.402. PENALTY FOR VIOLATION OF CHAPTER FOR CERTAIN
21-4 CONTRACTS SUBJECT TO SUBTITLE 2. (a) A person who contracts for,
21-5 charges, or receives under a contract subject to Chapter 3A, 6, 6A,
21-6 7, or 15, including a contract for an open-end account, a rate or
21-7 amount of time price differential that exceeds the maximum
21-8 applicable rate or amount authorized by the applicable chapter or
21-9 this chapter is subject to a penalty for that violation determined
21-10 under Chapter 8.
21-11 (b) For a contract described in Subsection (a) that contains
21-12 a rate or amount authorized under this chapter, the failure to
21-13 perform a duty or comply with a prohibition provided by this
21-14 chapter is subject to Chapter 8 as if this chapter were in Subtitle
21-15 2.
21-16 Art. 1D.403. PENALTY FOR VIOLATION OF CEILING IN CERTAIN
21-17 CONTRACTS. A written contract, other than a contract to which
21-18 Article 1D.402 applies, that directly or indirectly provides for a
21-19 rate that exceeds the rate authorized by this chapter and that is
21-20 not otherwise authorized by law, is subject to the penalty
21-21 prescribed by Chapter 1F.
21-22 Art. 1D.404. ENFORCEMENT BY CONSUMER CREDIT COMMISSIONER.
21-23 Subject to Article 2.01, the consumer credit commissioner shall
21-24 enforce Chapters 2, 3A, 6, 6A, 7, 8, 15, and 51 as they apply to
21-25 contracts subject to those chapters.
21-26 Art. 1D.405. EXAMINATION OF RECORDS; INSPECTIONS; RULES.
21-27 (a) Article 3A.902 applies to a transaction:
22-1 (1) that is made by a person who holds a license under
22-2 Chapter 3A;
22-3 (2) that is subject to Chapter 15 or 3A; and
22-4 (3) the rate of which is authorized by this chapter.
22-5 (b) Subchapter L, Chapter 3A, applies to a loan:
22-6 (1) that is subject to Chapter 3A; and
22-7 (2) the rate of which is authorized by this chapter.
22-8 Art. 1D.406. ENFORCEMENT BY CREDIT UNION COMMISSIONER. The
22-9 credit union commissioner shall enforce this chapter as it applies
22-10 to contracts subject to the Texas Credit Union Act (Article
22-11 2461-1.01 et seq., Vernon's Texas Civil Statutes).
22-12 Art. 1D.407. ENFORCEMENT BY DEPARTMENT OF INSURANCE. The
22-13 Texas Department of Insurance shall enforce this chapter as it
22-14 applies to contracts subject to Chapter 24, Insurance Code.
22-15 SUBCHAPTER F. EFFECT ON OTHER STATUTES OF USING OPTIONAL RATE
22-16 Art. 1D.501. APPLICABILITY OF CREDIT UNION ACT. Except as
22-17 inconsistent with this chapter:
22-18 (1) a person subject to the Texas Credit Union Act
22-19 (Article 2461-1.01 et seq., Vernon's Texas Civil Statutes) who
22-20 contracts for, charges, or receives a rate or amount authorized by
22-21 this chapter remains subject to that Act; and
22-22 (2) a party to a transaction described by Subdivision
22-23 (1) has all the rights provided by that Act.
22-24 Art. 1D.502. APPLICABILITY OF CHAPTER 24, INSURANCE CODE.
22-25 (a) Except as inconsistent with this chapter:
22-26 (1) a person subject to Chapter 24, Insurance Code,
22-27 who contracts for, charges, or receives an interest rate authorized
23-1 by this chapter remains subject to that chapter; and
23-2 (2) a party to an insurance premium finance agreement,
23-3 including an agreement for an open-end account, has all the rights
23-4 provided by Chapter 24, Insurance Code.
23-5 (b) The licensing requirements of Chapter 3A do not apply to
23-6 a transaction described by Subsection (a)(1). The penalty
23-7 provisions of this title do not apply to a transaction described in
23-8 Subsection (a)(1).
23-9 CHAPTER 1E. JUDGMENT INTEREST
23-10 SUBCHAPTER A. GENERAL PROVISIONS
23-11 Art. 1E.001. INTEREST RATE REQUIRED IN JUDGMENT. A money
23-12 judgment of a court in this state must specify the postjudgment
23-13 interest rate applicable to that judgment.
23-14 Art. 1E.002. JUDGMENT INTEREST RATE: INTEREST RATE OR TIME
23-15 PRICE DIFFERENTIAL IN CONTRACT. A money judgment of a court of
23-16 this state on a contract that provides for interest or time price
23-17 differential earns postjudgment interest at a rate equal to the
23-18 lesser of:
23-19 (1) the rate specified in the contract, which may be a
23-20 variable rate; or
23-21 (2) 18 percent a year.
23-22 Art. 1E.003. JUDGMENT INTEREST RATE: INTEREST RATE OR TIME
23-23 PRICE DIFFERENTIAL NOT IN CONTRACT. (a) A money judgment of a
23-24 court of this state to which Article 1E.002 does not apply,
23-25 including court costs awarded in the judgment and prejudgment
23-26 interest, if any, earns postjudgment interest at the rate
23-27 determined under this article.
24-1 (b) On the 15th day of each month, the consumer credit
24-2 commissioner shall determine the postjudgment interest rate to be
24-3 applied to a money judgment rendered during the succeeding calendar
24-4 month.
24-5 (c) The postjudgment interest rate is:
24-6 (1) the auction rate quoted on a discount basis for
24-7 52-week treasury bills issued by the United States government as
24-8 most recently published by the Federal Reserve Board before the
24-9 date of computation;
24-10 (2) 10 percent a year if the auction rate described by
24-11 Subdivision (1) is less than 10 percent; or
24-12 (3) 20 percent a year if the auction rate described by
24-13 Subdivision (1) is more than 20 percent.
24-14 Art. 1E.004. PUBLICATION OF JUDGMENT INTEREST RATE. The
24-15 consumer credit commissioner shall send to the secretary of state
24-16 the postjudgment interest rate for publication, and the secretary
24-17 shall publish the rate in the Texas Register.
24-18 Art. 1E.005. ACCRUAL OF JUDGMENT INTEREST. (a) Except as
24-19 provided by Subsection (b), postjudgment interest on a money
24-20 judgment of a court in this state accrues during the period
24-21 beginning on the date the judgment is rendered and ending on the
24-22 date the judgment is satisfied.
24-23 (b) If a case is appealed and a motion for extension of time
24-24 to file a brief is granted for a party who was a claimant at trial,
24-25 interest does not accrue for the period of extension.
24-26 Art. 1E.006. COMPOUNDING OF JUDGMENT INTEREST. Postjudgment
24-27 interest on a judgment of a court in this state compounds annually.
25-1 Art. 1E.007. JUDICIAL NOTICE OF JUDGMENT INTEREST RATE. A
25-2 court of this state shall take judicial notice of a published
25-3 postjudgment interest rate.
25-4 SUBCHAPTER B. PREJUDGMENT INTEREST IN WRONGFUL DEATH,
25-5 PERSONAL INJURY, OR PROPERTY DAMAGE CASE
25-6 Art. 1E.101. APPLICABILITY OF SUBCHAPTER. This subchapter
25-7 applies only to a wrongful death, personal injury, or property
25-8 damage case of a court of this state.
25-9 Art. 1E.102. PREJUDGMENT INTEREST REQUIRED IN CERTAIN CASES.
25-10 A judgment in a wrongful death, personal injury, or property damage
25-11 case earns prejudgment interest.
25-12 Art. 1E.103. PREJUDGMENT INTEREST RATE FOR WRONGFUL DEATH,
25-13 PERSONAL INJURY, OR PROPERTY DAMAGE CASE. The prejudgment interest
25-14 rate is equal to the postjudgment interest rate applicable at the
25-15 time of judgment.
25-16 Art. 1E.104. ACCRUAL OF PREJUDGMENT INTEREST. Except as
25-17 provided by Article 1E.105 or 1E.108, prejudgment interest accrues
25-18 on the amount of a judgment during the period beginning on the
25-19 earlier of the 180th day after the date the defendant receives
25-20 written notice of a claim or the date the suit is filed and ending
25-21 on the day preceding the date judgment is rendered. Prejudgment
25-22 interest is computed as simple interest and does not compound.
25-23 Art. 1E.105. EFFECT OF SETTLEMENT OFFER ON ACCRUAL OF
25-24 PREJUDGMENT INTEREST. (a) If judgment for a claimant is equal to
25-25 or less than the amount of a settlement offer of the defendant,
25-26 prejudgment interest does not accrue on the amount of the judgment
25-27 during the period that the offer may be accepted.
26-1 (b) If judgment for a claimant is more than the amount of a
26-2 settlement offer of the defendant, prejudgment interest does not
26-3 accrue on the amount of the settlement offer during the period that
26-4 the offer may be accepted.
26-5 Art. 1E.106. SETTLEMENT OFFER REQUIREMENTS TO PREVENT
26-6 PREJUDGMENT INTEREST ACCRUAL. To prevent the accrual of
26-7 prejudgment interest under this subchapter, a settlement offer must
26-8 be in writing and delivered to the claimant or the claimant's
26-9 attorney or representative.
26-10 Art. 1E.107. VALUE OF SETTLEMENT OFFER FOR COMPUTING
26-11 PREJUDGMENT INTEREST. If a settlement offer does not provide for
26-12 cash payment at the time of settlement, the amount of the
26-13 settlement offer for the purpose of computing prejudgment interest
26-14 is the cost or fair market value of the settlement offer at the
26-15 time it is made.
26-16 Art. 1E.108. ACCRUAL OF PREJUDGMENT INTEREST DURING PERIODS
26-17 OF TRIAL DELAY. (a) In addition to the exceptions provided by
26-18 Article 1E.105, a court may order that prejudgment interest does
26-19 not accrue during periods of delay in the trial.
26-20 (b) A court shall consider:
26-21 (1) periods of delay caused by a defendant; and
26-22 (2) periods of delay caused by a claimant.
26-23 SUBCHAPTER C. OTHER PREJUDGMENT INTEREST PROVISIONS
26-24 Art. 1E.201. PREJUDGMENT INTEREST RATE FOR CONDEMNATION
26-25 CASE. The prejudgment interest rate in a condemnation case is
26-26 equal to the postjudgment interest rate at the time of judgment and
26-27 is computed as simple interest.
27-1 SUBCHAPTER D. EXCEPTIONS TO APPLICATION OF CHAPTER
27-2 Art. 1E.301. EXCEPTION FOR DELINQUENT TAXES. This chapter
27-3 does not apply to a judgment that earns interest at a rate set by
27-4 Title 2, Tax Code.
27-5 Art. 1E.302. EXCEPTION FOR DELINQUENT CHILD SUPPORT. This
27-6 chapter does not apply to interest that accrues on an amount of
27-7 unpaid child support under Section 157.265, Family Code.
27-8 CHAPTER 1F. PENALTIES AND REMEDIES
27-9 SUBCHAPTER A. CIVIL LIABILITY; CRIMINAL PENALTY
27-10 Art. 1F.001. LIABILITY FOR USURIOUS CONTRACT INTEREST. (a)
27-11 A creditor who contracts for, charges, or receives contract
27-12 interest that is greater than the amount authorized by this
27-13 subtitle is liable to the obligor for an amount that is equal to
27-14 the greater of:
27-15 (1) three times the amount computed by subtracting the
27-16 amount of contract interest allowed by law from the total amount of
27-17 interest contracted for, charged, or received; or
27-18 (2) $2,000 or 20 percent of the amount of the
27-19 principal, whichever is less.
27-20 (b) This article applies only to a contract or transaction
27-21 subject to this subtitle.
27-22 (c) A creditor who charges or receives contract interest in
27-23 excess of the amount contracted for, but not in excess of the
27-24 maximum amount authorized by law, is not subject to penalties for
27-25 usury but may be liable for other remedies and relief as provided
27-26 by law.
27-27 Art. 1F.002. ADDITIONAL LIABILITY FOR MORE THAN TWICE
28-1 AUTHORIZED RATE OF CONTRACT INTEREST. (a) In addition to the
28-2 amount determined under Article 1F.001, a creditor who charges and
28-3 receives interest that is greater than twice the amount authorized
28-4 by this subtitle is liable to the obligor for:
28-5 (1) the principal amount on which the interest is
28-6 charged and received; and
28-7 (2) the interest and all other amounts charged and
28-8 received.
28-9 (b) This article applies only to a contract or transaction
28-10 subject to this subtitle.
28-11 Art. 1F.003. LIABILITY FOR USURIOUS LEGAL INTEREST. (a) A
28-12 creditor who charges or receives legal interest that is greater
28-13 than the amount authorized by this subtitle is liable to the
28-14 obligor for an amount that is equal to the greater of:
28-15 (1) three times the amount computed by subtracting the
28-16 amount of legal interest allowed by law from the total amount of
28-17 interest charged or received; or
28-18 (2) $2,000 or 20 percent of the amount of the
28-19 principal, whichever is less.
28-20 (b) This article applies only to a transaction subject to
28-21 this subtitle.
28-22 Art. 1F.004. ADDITIONAL LIABILITY FOR MORE THAN TWICE
28-23 AUTHORIZED RATE OF LEGAL INTEREST. (a) In addition to the amount
28-24 determined under Article 1F.003, a creditor who charges and
28-25 receives legal interest that is greater than twice the amount
28-26 authorized by this subtitle is liable to the obligor for:
28-27 (1) the principal amount on which the interest is
29-1 charged and received; and
29-2 (2) the interest and all other amounts charged and
29-3 received.
29-4 (b) This article applies only to a transaction subject to
29-5 this subtitle.
29-6 Art. 1F.005. ATTORNEY'S FEES. A person who is liable under
29-7 Article 1F.001 or 1F.003 is also liable to the obligor for
29-8 reasonable attorney's fees set by the court.
29-9 Art. 1F.006. LIMITATION ON FILING SUIT. (a) An action
29-10 under this chapter must be brought within four years from the date
29-11 on which the usurious interest was contracted for, charged, or
29-12 received. The action must be brought in the county in which:
29-13 (1) the transaction was entered into;
29-14 (2) the usurious interest was charged or received;
29-15 (3) the creditor resides at the time of the cause of
29-16 action if the creditor is a natural person;
29-17 (4) the creditor maintains its principal office if the
29-18 creditor is not a natural person; or
29-19 (5) the obligor resides at the time of the accrual of
29-20 the cause of action.
29-21 (b) In the case of a transaction in which a lender has
29-22 contracted for or charged usurious interest, at least 60 days
29-23 before filing suit seeking usury penalties the borrower shall give
29-24 written notice to the lender advising the lender in reasonable
29-25 detail of the nature and amount of the violation.
29-26 (c) A lender who receives a notice under this article may
29-27 correct the violation as provided by Article 1F.103 during the
30-1 period beginning on the date the notice is received and ending on
30-2 the 60th day after that date. A lender who corrects a violation as
30-3 provided by this article is not liable to an obligor for the
30-4 violation.
30-5 (d) The notice provision is not applicable to a defendant
30-6 filing a counterclaim action alleging usury in an original action
30-7 by the lender.
30-8 Art. 1F.007. EXTENT OF LIABILITY. The penalties provided by
30-9 this chapter are the only penalties for violation of this subtitle
30-10 for contracting for, charging, or receiving interest in an amount
30-11 that produces a rate in excess of the maximum rate allowed by law
30-12 and no common law penalties apply.
30-13 Art. 1F.008. CRIMINAL PENALTY. (a) A person commits an
30-14 offense if the person contracts for, charges, or receives interest
30-15 on a transaction for personal, family, or household use that is
30-16 greater than twice the amount authorized by this subtitle.
30-17 (b) An offense under this article is a misdemeanor
30-18 punishable by a fine of not more than $1,000.
30-19 (c) Each contract or transaction that violates this article
30-20 is a separate offense.
30-21 (d) This article applies only to a contract or transaction
30-22 subject to this subtitle.
30-23 SUBCHAPTER B. EXCEPTION FROM LIABILITY
30-24 Art. 1F.101. ACCIDENTAL AND BONA FIDE ERROR. A creditor is
30-25 not subject to penalty under this chapter for any usurious interest
30-26 that results from an accidental and bona fide error.
30-27 Art. 1F.102. LEGAL INTEREST DURING INTEREST-FREE PERIOD. A
31-1 person is not liable to an obligor solely because the person
31-2 charges or receives legal interest before the 30th day after the
31-3 date on which the debt is due.
31-4 Art. 1F.103. CORRECTION OF VIOLATION. (a) A creditor is
31-5 not liable to an obligor for a violation of this subtitle if:
31-6 (1) not later than the 60th day after the date the
31-7 creditor actually discovered the violation, the creditor corrects
31-8 the violation as to that obligor by taking any necessary action and
31-9 making any necessary adjustment, including the payment of interest
31-10 on a refund, if any, at the applicable rate provided for in the
31-11 contract of the parties; and
31-12 (2) the creditor gives written notice to the obligor
31-13 of the violation before the obligor gives written notice of the
31-14 violation or files an action alleging the violation.
31-15 (b) For the purposes of Subsection (a), a violation is
31-16 actually discovered at the time of the discovery of the violation
31-17 in fact and not to the time when an ordinarily prudent person,
31-18 through reasonable diligence, could or should have discovered or
31-19 known of the violation. Actual discovery of a violation in one
31-20 transaction may constitute actual discovery of the same violation
31-21 in other transactions if the violation is of such a nature that it
31-22 would necessarily be repeated and would be clearly apparent in the
31-23 other transactions without the necessity of examining all the other
31-24 transactions.
31-25 (c) For purposes of Subsection (a), written notice is given
31-26 when the notice is delivered to the person or to the person's duly
31-27 authorized agent or attorney of record personally, by telecopier,
32-1 or by United States mail to the address shown on the most recent
32-2 documents in the transaction. Deposit of the notice as registered
32-3 or certified mail in a postage paid, properly addressed wrapper in
32-4 a post office or official depository under the care and custody of
32-5 the United States Postal Service is prima facie evidence of the
32-6 delivery of the notice to the person to whom the notice is
32-7 addressed.
32-8 Art. 1F.104. CORRECTION EXCEPTION AVAILABLE TO ALL SIMILARLY
32-9 SITUATED. If in a single transaction more than one creditor may be
32-10 liable for a violation of this subtitle, compliance with Article
32-11 1F.103 by any of those creditors entitles each to the same
32-12 protection provided by that article.
32-13 Art. 1F.105. AMOUNTS PAYABLE PURSUANT TO A FINAL JUDGMENT.
32-14 A creditor is not liable to an obligor for a violation of this
32-15 subtitle if the creditor receives interest that has been awarded
32-16 pursuant to a final judgment that is no longer subject to
32-17 modification or reversal.
32-18 CHAPTER 1G. MISCELLANEOUS PROVISIONS RELATING TO INTEREST
32-19 Art. 1G.001. IMPOSITION OF SURCHARGE FOR USE OF CREDIT CARD.
32-20 (a) In a sale of goods or services, a seller may not impose a
32-21 surcharge on a buyer who uses a credit card for an extension of
32-22 credit instead of cash, a check, or a similar means of payment.
32-23 (b) This article does not apply to a state agency, county,
32-24 local governmental entity, or other governmental entity that
32-25 accepts a credit card for the payment of fees, taxes, or other
32-26 charges.
32-27 Art. 1G.002. BILLING CYCLE INTEREST LIMITATION ON OPEN-END
33-1 ACCOUNT WITHOUT MERCHANT DISCOUNT. (a) This article applies to an
33-2 open-end account agreement that provides for credit card
33-3 transactions:
33-4 (1) in which the creditor relies on one of the
33-5 ceilings authorized by Chapter 1D for the rate of interest; and
33-6 (2) in connection with which the creditor does not
33-7 impose or receive a merchant discount.
33-8 (b) Interest or time price differential may not be charged
33-9 for a billing cycle of an open-end account credit agreement if:
33-10 (1) the total amount of the obligor's payments during
33-11 the cycle equal or exceed the balance owed under the agreement at
33-12 the end of the preceding billing cycle; or
33-13 (2) an amount is not owed under the agreement at the
33-14 end of the preceding billing cycle.
33-15 Art. 1G.003. SALE OF OPEN-END ACCOUNT WITHOUT MERCHANT
33-16 DISCOUNT. A seller or lessor may sell an open-end account credit
33-17 agreement described by Article 1G.002(a) or any balance under that
33-18 agreement to a purchaser who purchases a substantial part of the
33-19 seller's or lessor's open-end account credit agreements or balances
33-20 under those agreements in accordance with Article 6.07. A charge,
33-21 fee, or discount on that sale:
33-22 (1) is not a merchant discount;
33-23 (2) does not disqualify the open-end account credit
33-24 agreement or a balance under that agreement from being subject to
33-25 Chapter 3A or from coverage under this article; and
33-26 (3) does not subject the account to the limitations
33-27 provided by Article 15.02(d).
34-1 Art. 1G.004. APPLICATION OF LICENSING REQUIREMENT AND
34-2 SUBTITLE 2 TO CREDIT UNION OR EMPLOYEE BENEFIT PLAN. (a) A credit
34-3 union is not subject to Subtitle 2 and is not required to obtain a
34-4 license under this title.
34-5 (b) With respect to a loan that an employee benefit plan
34-6 that is subject to Title I of the Employee Retirement Income
34-7 Security Act of 1974 (29 U.S.C. Sections 1001-1114) makes to a
34-8 participant in the plan or a participant's beneficiary, the plan is
34-9 not subject to Subtitle 2 and is not required to obtain a license
34-10 under this title.
34-11 CHAPTER 1H. COMMERCIAL TRANSACTIONS
34-12 SUBCHAPTER A. GENERAL PROVISIONS
34-13 Art. 1H.001. DEFINITIONS. In this chapter:
34-14 (1) "Account purchase transaction" means an agreement
34-15 under which a person engaged in a commercial enterprise sells
34-16 accounts, instruments, documents, or chattel paper subject to this
34-17 subtitle at a discount, regardless of whether the person has a
34-18 repurchase obligation related to the transaction.
34-19 (2) "Affiliate" of an obligor means a person who
34-20 directly or indirectly, through one or more intermediaries,
34-21 controls, is controlled by, or is under common control with the
34-22 obligor. In this subdivision "control" means the possession,
34-23 directly or indirectly, of the power to direct or cause the
34-24 direction of the management and policies of a person, whether
34-25 through the ownership of voting securities, by contract, or
34-26 otherwise.
34-27 (3) "Asset-backed securities" means debt obligations
35-1 or certificates of beneficial ownership that:
35-2 (A) are a part of a single issue or single
35-3 series of securities in an aggregate of $1,000,000 or more and
35-4 issuable in one or more classes;
35-5 (B) are secured by a pledge of, or represent an
35-6 undivided ownership interest in:
35-7 (i) one or more fixed or revolving
35-8 financial assets that by their terms convert into cash within a
35-9 definite period; and
35-10 (ii) rights or other assets designed to
35-11 assure the servicing or timely distribution of proceeds to security
35-12 holders; and
35-13 (C) are issued for a business, commercial,
35-14 agricultural, investment, or similar purpose by a pass-through
35-15 entity.
35-16 (4) "Business entity" means a partnership,
35-17 corporation, joint venture, limited liability company, or other
35-18 business organization or association, however organized.
35-19 (5) "Commercial loan" means a loan that is made
35-20 primarily for business, commercial, investment, agricultural, or
35-21 similar purposes. The term does not include a loan made primarily
35-22 for personal, family, or household use.
35-23 (6) "Guaranty" means an agreement under which a
35-24 person:
35-25 (A) assumes, guarantees, or otherwise becomes
35-26 primarily or contingently liable for the payment or performance of
35-27 an obligation of another person;
36-1 (B) provides security for the payment or
36-2 performance of an obligation of another person, whether through the
36-3 creation of a lien or security interest or otherwise; or
36-4 (C) agrees to purchase, or to advance
36-5 consideration to purchase, the obligation or any property
36-6 constituting security for the payment or performance of the
36-7 obligation.
36-8 (7) "Pass-through entity" means a business entity,
36-9 association, grantor or common-law trust under state law, or
36-10 segregated pool of assets under federal tax law that, on the date
36-11 of original issuance of asset-backed securities, does not have
36-12 significant assets other than:
36-13 (A) assets pledged to or held for the benefit of
36-14 holders of the asset-backed securities; or
36-15 (B) assets pledged to or held for the benefit of
36-16 holders of other asset-backed securities previously issued.
36-17 (8) "Prepayment charge or penalty" means compensation
36-18 that is or will become due and payable, or was paid, by an obligor
36-19 to a creditor solely as a result of, or as a condition to, the
36-20 payment or maturity of all or a portion of the principal amount of
36-21 a loan before its stated maturity or its regularly scheduled date
36-22 or dates of payment, as a result of any election by the obligor to
36-23 pay all or a portion of the principal amount before its stated
36-24 maturity or its regularly scheduled date or dates of payment.
36-25 (9) "Qualified commercial loan" means:
36-26 (A) a commercial loan in the original principal
36-27 amount of $3,000,000 or more; or
37-1 (B) a renewal or extension of a commercial loan
37-2 in the original principal amount of $3,000,000 or more, whether the
37-3 principal amount of the loan at the time of its renewal or
37-4 extension is $3,000,000 or more.
37-5 Art. 1H.002. INTEREST. (a) A creditor may contract for,
37-6 charge, and receive from an obligor interest on a commercial loan.
37-7 (b) The maximum rate of interest authorized shall be the
37-8 applicable ceilings computed in accordance with Chapter 1D. All
37-9 other provisions, remedies, and penalties of this subtitle apply to
37-10 a commercial loan unless expressly provided otherwise by this
37-11 chapter.
37-12 Art. 1H.003. COMPUTATION OF TERM. A creditor and an obligor
37-13 may agree to compute the term and rate of a commercial loan on the
37-14 basis of a 360-day year consisting of twelve 30-day months. For
37-15 purposes of this chapter, each rate ceiling expressed as a rate per
37-16 year may mean a rate per year consisting of 360 days and of twelve
37-17 30-day months.
37-18 Art. 1H.004. DETERMINING RATES OF INTEREST BY SPREADING.
37-19 (a) To determine whether a commercial loan is usurious, the
37-20 interest rate is computed by amortizing or spreading using the
37-21 actuarial method during the stated term of the loan all interest at
37-22 any time contracted for, charged, or received in connection with
37-23 the loan.
37-24 (b) If a commercial loan is paid in full before the end of
37-25 the stated term of the loan and the amount of interest received for
37-26 the period that the loan exists exceeds the amount that produces
37-27 the maximum rate authorized by law for that period, the lender
38-1 shall:
38-2 (1) refund the amount of the excess to the borrower;
38-3 or
38-4 (2) credit the amount of the excess against amounts
38-5 owing under the loan.
38-6 (c) A lender who complies with Subsection (b) is not subject
38-7 to any of the penalties provided by law for contracting for,
38-8 charging, or receiving interest in excess of the maximum rate
38-9 authorized.
38-10 Art. 1H.005. PREPAYMENT CHARGE. A creditor and an obligor
38-11 may agree to a charge for prepayment in a loan subject to this
38-12 chapter. A charge for prepayment is not interest.
38-13 SUBCHAPTER B. SPECIAL PROVISIONS
38-14 Art. 1H.101. QUALIFIED COMMERCIAL LOAN. (a) The parties
38-15 to a qualified commercial loan agreement may contract for a rate or
38-16 amount of interest that does not exceed the applicable rate
38-17 ceiling.
38-18 (b) The parties may contract for the following additional
38-19 charges:
38-20 (1) a discount or commission that an obligor has paid
38-21 or agreed to pay to one or more underwriters of securities issued
38-22 by the obligor;
38-23 (2) an option or right to exchange, redeem, or convert
38-24 all or a portion of the principal amount of the loan, or interest
38-25 on the principal amount, for or into capital stock or other equity
38-26 securities of an obligor or of an affiliate of the obligor;
38-27 (3) an option or right to purchase capital stock or
39-1 other equity securities of an obligor or of an affiliate of the
39-2 obligor;
39-3 (4) an option or other right, whether by contract,
39-4 conveyance, or otherwise, to participate in or own a share of the
39-5 income, revenues, production, or profits:
39-6 (A) of an obligor or of an affiliate of the
39-7 obligor;
39-8 (B) of any segment of the business or operations
39-9 of an obligor or of an affiliate of the obligor; or
39-10 (C) derived or to be derived from any ownership
39-11 rights of an obligor or of an affiliate of the obligor in real or
39-12 personal property, including any proceeds of the sale or other
39-13 disposition of ownership rights; or
39-14 (5) any compensation realized as a result of the
39-15 receipt, exercise, sale, or other disposition of any option or
39-16 other right described by this subsection.
39-17 (c) A charge under Subsection (b) is not interest.
39-18 Art. 1H.102. ASSET-BACKED SECURITIES TRANSACTION. An amount
39-19 that is paid, passed through, or obligated to be paid or to be
39-20 passed through in connection with asset-backed securities or that
39-21 is not paid as a result of a discounted sale price to the holders
39-22 of asset-backed securities by a pass-through entity is not
39-23 interest. This article does not affect interest that is agreed on
39-24 and fixed by the parties to a written contract and paid, charged,
39-25 or received on the ultimate underlying assets pledged to or held
39-26 for the benefit of holders of asset-backed securities.
39-27 Art. 1H.103. ACCOUNT PURCHASE TRANSACTION. (a) An amount
40-1 of a discount in, or charged under, an account purchase transaction
40-2 is not interest.
40-3 (b) For the purposes of this chapter, the parties'
40-4 characterization of an account purchase transaction as a purchase
40-5 is conclusive that the account purchase transaction is not a
40-6 transaction for the use, forbearance, or detention of money.
40-7 SECTION 2. Subtitle 2, Title 79, Revised Statutes (Article
40-8 5069-2.01 et seq., Vernon's Texas Civil Statutes), is amended by
40-9 adding Chapter 3A to read as follows:
40-10 CHAPTER 3A. CONSUMER LOANS
40-11 SUBCHAPTER A. GENERAL PROVISIONS; APPLICABILITY OF CHAPTER
40-12 Art. 3A.001. DEFINITIONS. In this chapter:
40-13 (1) "Irregular transaction" means a loan that is
40-14 payable:
40-15 (A) in installments that are not consecutive or
40-16 monthly;
40-17 (B) with installments that are not substantially
40-18 equal in amount; or
40-19 (C) with a first scheduled installment due that
40-20 is not within one month and 15 days after the date of the loan.
40-21 (2) "Regular transaction" means a loan that is
40-22 payable:
40-23 (A) in consecutive monthly installments;
40-24 (B) with installments substantially equal in
40-25 amount; and
40-26 (C) with a first scheduled installment due
40-27 within one month and 15 days after the date of the loan.
41-1 (3) "Secondary mortgage loan" means a loan that is:
41-2 (A) secured in whole or in part by an interest,
41-3 including a lien or security interest, in real property that is:
41-4 (i) improved by a dwelling designed for
41-5 occupancy by four or fewer families; and
41-6 (ii) subject to one or more liens,
41-7 security interests, prior mortgages, or deeds of trust; and
41-8 (B) not to be repaid before the 91st day after
41-9 the date of the loan.
41-10 Art. 3A.002. INTEREST COMPUTATION METHODS. (a) The
41-11 scheduled installment earnings method is a method to compute an
41-12 interest charge by applying a daily rate to the unpaid balance of
41-13 the amount financed as if all payments will be made upon the
41-14 scheduled installment date. The daily rate is 1/365th of the
41-15 equivalent contract rate. Payments received before or after the
41-16 due date do not cause an adjustment in the amount of the scheduled
41-17 principal reduction.
41-18 (b) The true daily earnings method is a method to compute an
41-19 interest charge by applying a daily rate to the unpaid balance of
41-20 the amount financed. The daily rate is 1/365th of the equivalent
41-21 contract rate. The earned finance charge is computed by
41-22 multiplying the daily rate of the finance charge by the number of
41-23 days the actual principal balance is outstanding.
41-24 Art. 3A.003. PURCHASE FROM MORTGAGEE. For the purposes of
41-25 this chapter, a purchase from a mortgagee of an interest in a
41-26 secondary mortgage loan that was made to secure that loan is
41-27 treated as if it were a secondary mortgage loan.
42-1 Art. 3A.004. CONSTITUTIONAL INTEREST; EXEMPTION.
42-2 (a) Except as otherwise fixed by law, the maximum rate of interest
42-3 is 10 percent per year.
42-4 (b) A loan providing for a rate of interest that is 10
42-5 percent per year or less is not subject to this chapter.
42-6 Art. 3A.005. APPLICABILITY OF CHAPTER. (a) A loan is
42-7 subject to this chapter if the loan:
42-8 (1) provides for interest in excess of 10 percent per
42-9 year;
42-10 (2) is extended primarily for personal, family, or
42-11 household use;
42-12 (3) is not secured by a lien on real property; and
42-13 (4) is made by a person engaged in the business of
42-14 making, arranging, or negotiating those types of loans.
42-15 (b) A loan is subject to this chapter if the loan:
42-16 (1) provides for interest in excess of 10 percent per
42-17 year;
42-18 (2) is extended primarily for personal, family, or
42-19 household use;
42-20 (3) is predominantly payable in monthly installments;
42-21 (4) is described by Article 3A.001(3), 3A.501, or
42-22 3A.806; and
42-23 (5) is made by a person engaged in the business of
42-24 making, arranging, or negotiating those types of loans.
42-25 (c) This chapter does not apply to a secondary mortgage loan
42-26 made by a seller of property to secure all or part of the unpaid
42-27 purchase price.
43-1 SUBCHAPTER B. DESCRIPTION OF AND REQUIREMENTS FOR
43-2 AUTHORIZED ACTIVITIES
43-3 Art. 3A.101. AUTHORIZED ACTIVITIES; CEILING AMOUNT. (a) A
43-4 person must hold a license issued under this chapter or be a bank,
43-5 savings bank, or savings and loan association to:
43-6 (1) engage in the business of making, transacting, or
43-7 negotiating loans subject to this chapter; and
43-8 (2) contract for, charge, or receive, directly or
43-9 indirectly, in connection with a loan subject to this chapter, a
43-10 charge, including interest, compensation, consideration, or another
43-11 expense, authorized under this chapter that in the aggregate
43-12 exceeds the charges authorized under other law.
43-13 (b) A person may not use any device, subterfuge, or pretense
43-14 to evade the application of this article.
43-15 Art. 3A.102. ISSUANCE OF MORE THAN ONE LICENSE FOR A PERSON.
43-16 (a) The commissioner may issue more than one license to a person
43-17 on compliance with this chapter for each license.
43-18 (b) A person who is required to hold a license under this
43-19 chapter must hold a separate license for each office at which loans
43-20 are made, negotiated, or collected under this chapter.
43-21 (c) A license is not required under this chapter for a place
43-22 of business:
43-23 (1) devoted to accounting or other recordkeeping; and
43-24 (2) at which loans are not made, negotiated, or
43-25 collected under this chapter or Chapter 15.
43-26 Art. 3A.103. AREA OF BUSINESS; LOANS BY MAIL. (a) A lender
43-27 is not limited to making loans to residents of the community in
44-1 which the office for which the license or other authority is
44-2 granted.
44-3 (b) A lender may make, negotiate, arrange, and collect loans
44-4 by mail from a licensed office.
44-5 SUBCHAPTER C. APPLICATION FOR AND ISSUANCE OF LICENSE
44-6 Art. 3A.201. APPLICATION REQUIREMENTS. (a) The application
44-7 for a license under this chapter must:
44-8 (1) be under oath;
44-9 (2) give the approximate location from which business
44-10 is to be conducted;
44-11 (3) identify the business's principal parties in
44-12 interest; and
44-13 (4) contain other relevant information that the
44-14 commissioner requires for the findings required under Article
44-15 3A.204.
44-16 (b) On the filing of one or more license applications, the
44-17 applicant shall pay to the commissioner an investigation fee of
44-18 $200.
44-19 (c) On the filing of each license application, the applicant
44-20 shall pay to the commissioner for the license's year of issuance a
44-21 license fee of:
44-22 (1) $100 if the license is granted not later than June
44-23 30; or
44-24 (2) $50 if the license is granted after June 30.
44-25 Art. 3A.202. BOND. (a) If the commissioner requires, an
44-26 applicant for a license under this chapter shall file with the
44-27 application a bond that is:
45-1 (1) in an amount not to exceed the total of:
45-2 (A) $5,000 for the first license; and
45-3 (B) $1,000 for each additional license;
45-4 (2) satisfactory to the commissioner; and
45-5 (3) issued by a surety company qualified to do
45-6 business as a surety in this state.
45-7 (b) The bond must be in favor of this state for the use of
45-8 this state and the use of a person who has a cause of action under
45-9 this chapter against the license holder.
45-10 (c) The bond must be conditioned on:
45-11 (1) the license holder's faithful performance under
45-12 this chapter and rules adopted under this chapter; and
45-13 (2) the payment of all amounts that become due to the
45-14 state or another person under this chapter during the calendar year
45-15 for which the bond is given.
45-16 (d) The aggregate liability of a surety to all persons
45-17 damaged by the license holder's violation of this chapter may not
45-18 exceed the amount of the bond.
45-19 Art. 3A.203. INVESTIGATION OF APPLICATION. On the filing of
45-20 an application and, if required, a bond, and on payment of the
45-21 required fees, the commissioner shall conduct an investigation to
45-22 determine whether to issue the license.
45-23 Art. 3A.204. APPROVAL OR DENIAL OF APPLICATION. (a) The
45-24 commissioner shall approve the application and issue to the
45-25 applicant a license to make loans under this chapter if the
45-26 commissioner finds that:
45-27 (1) the financial responsibility, experience,
46-1 character, and general fitness of the applicant are sufficient to:
46-2 (A) command the confidence of the public; and
46-3 (B) warrant the belief that the business will be
46-4 operated lawfully and fairly, within the purposes of this chapter;
46-5 and
46-6 (2) the applicant has net assets of at least $25,000
46-7 available for the operation of the business.
46-8 (b) If the commissioner does not find the eligibility
46-9 requirements of Subsection (a), the commissioner shall notify the
46-10 applicant.
46-11 (c) If an applicant requests a hearing on the application
46-12 not later than the 30th day after the date of notification under
46-13 Subsection (b), the applicant is entitled to a hearing not later
46-14 than the 60th day after the date of the request.
46-15 (d) The commissioner shall approve or deny the application
46-16 not later than the 60th day after the date of the filing of a
46-17 completed application with payment of the required fees, or if a
46-18 hearing is held, after the date of the completion of the hearing on
46-19 the application. The commissioner and the applicant may agree to a
46-20 later date in writing.
46-21 Art. 3A.205. DISPOSITION OF FEES ON DENIAL OF APPLICATION.
46-22 If the commissioner denies the application, the commissioner shall
46-23 retain the investigation fee and shall return to the applicant the
46-24 license fee submitted with the application.
46-25 SUBCHAPTER D. LICENSE
46-26 Art. 3A.251. NAME AND PLACE ON LICENSE. (a) A license must
46-27 state:
47-1 (1) the name of the license holder; and
47-2 (2) the address of the office from which the business
47-3 is to be conducted.
47-4 (b) A license holder may not conduct business under this
47-5 chapter under a name or at a place of business in this state other
47-6 than the name or office stated on the license.
47-7 Art. 3A.252. LICENSE DISPLAY. A license holder shall
47-8 display a license at the place of business provided on the license.
47-9 Art. 3A.253. MINIMUM ASSETS FOR LICENSE. (a) Except as
47-10 provided by Subsection (b) or (c), a license holder shall maintain
47-11 for each office for which a license is held net assets of at least
47-12 $25,000 that are used or readily available for use in conducting
47-13 the business of that office.
47-14 (b) A license holder who held a license under the Texas
47-15 Regulatory Loan Act and was issued a license to make loans under
47-16 that chapter as provided by Section 4, Chapter 274, Acts of the
47-17 60th Legislature, Regular Session, 1967, shall maintain for the
47-18 office for which that license is held net assets of at least
47-19 $15,000 that are used or readily available for use in conducting
47-20 the business of that office.
47-21 (c) A license holder who paid the pawnbroker's occupational
47-22 tax for 1967 and was issued a license to make loans under that
47-23 chapter as provided by Section 4, Chapter 274, Acts of the 60th
47-24 Legislature, Regular Session, 1967, is exempt from the minimum
47-25 assets requirement of Subsection (a) for the office for which that
47-26 license is held.
47-27 (d) If a license holder holds a license to which Subsection
48-1 (b) or (c) applies and subsequently transfers the license to
48-2 another person, the minimum assets required under Subsection (a)
48-3 shall apply to the license and the subsequent license holder.
48-4 Art. 3A.254. ANNUAL LICENSE FEE. (a) Not later than
48-5 December 1, a license holder shall pay to the commissioner for each
48-6 license held an annual fee for the year beginning the next January
48-7 1.
48-8 (b) The annual fee for a license under this chapter is $200
48-9 except that if, on September 30 preceding the date on which the
48-10 annual fee is due, the gross unpaid balance of loans regulated
48-11 under this chapter in the office for which the license is issued is
48-12 $100,000 or less, the annual fee is $100.
48-13 Art. 3A.255. EXPIRATION OF LICENSE ON FAILURE TO PAY ANNUAL
48-14 FEE. If the annual fee for a license is not paid before the 16th
48-15 day after the date on which the written notice of delinquency of
48-16 payment has been given to the license holder, the license expires
48-17 on the later of:
48-18 (1) that day; or
48-19 (2) December 31 of the last year for which an annual
48-20 fee was paid.
48-21 Art. 3A.256. LICENSE SUSPENSION OR REVOCATION. After notice
48-22 and a hearing the commissioner may suspend or revoke a license if
48-23 the commissioner finds that:
48-24 (1) the license holder failed to pay the annual
48-25 license fee, an examination fee, an investigation fee, or another
48-26 charge imposed by the commissioner under this chapter;
48-27 (2) the license holder, knowingly or without the
49-1 exercise of due care, violated this chapter or a rule adopted or
49-2 order issued under this chapter; or
49-3 (3) a fact or condition exists that, if it had existed
49-4 or had been known to exist at the time of the original application
49-5 for the license, clearly would have justified the commissioner's
49-6 denial of the application.
49-7 Art. 3A.257. CORPORATE CHARTER FORFEITURE. (a) A license
49-8 holder who violates this chapter is subject to revocation of the
49-9 holder's license and, if the license holder is a corporation,
49-10 forfeiture of its charter.
49-11 (b) When the attorney general is notified of a violation of
49-12 this chapter and revocation of a license, the attorney general
49-13 shall file suit in a district court in Travis County, if the
49-14 license holder is a corporation, for forfeiture of the license
49-15 holder's charter.
49-16 Art. 3A.258. LICENSE SUSPENSION OR REVOCATION FILED WITH
49-17 PUBLIC RECORDS. The decision of the commissioner on the suspension
49-18 or revocation of a license and the evidence considered by the
49-19 commissioner in making the decision shall be filed in the public
49-20 records of the commissioner.
49-21 Art. 3A.259. REINSTATEMENT OF SUSPENDED LICENSE; ISSUANCE OF
49-22 NEW LICENSE AFTER REVOCATION. The commissioner may reinstate a
49-23 suspended license or issue a new license on application to a person
49-24 whose license has been revoked if at the time of the reinstatement
49-25 or issuance no fact or condition exists that clearly would have
49-26 justified the commissioner's denial of an original application for
49-27 the license.
50-1 Art. 3A.260. SURRENDER OF LICENSE. A license holder may
50-2 surrender a license issued under this chapter by delivering to the
50-3 commissioner:
50-4 (1) the license; and
50-5 (2) a written notice of the license's surrender.
50-6 Art. 3A.261. EFFECT OF LICENSE SUSPENSION, REVOCATION, OR
50-7 SURRENDER. (a) The suspension, revocation, or surrender of a
50-8 license issued under this chapter does not affect the obligation of
50-9 a contract between the license holder and a debtor entered into
50-10 before the revocation, suspension, or surrender.
50-11 (b) Surrender of a license does not affect the license
50-12 holder's civil or criminal liability for an act committed before
50-13 surrender.
50-14 Art. 3A.262. MOVING AN OFFICE. (a) A license holder shall
50-15 give written notice to the commissioner before the 30th day
50-16 preceding the date the license holder moves an office from the
50-17 location provided on the license.
50-18 (b) The commissioner shall amend a holder's license
50-19 accordingly.
50-20 Art. 3A.263. TRANSFER OR ASSIGNMENT OF LICENSE. A license
50-21 may be transferred or assigned only with the approval of the
50-22 commissioner.
50-23 SUBCHAPTER E. INTEREST CHARGES ON NON-REAL PROPERTY LOANS
50-24 Art. 3A.301. MAXIMUM INTEREST CHARGE. (a) A loan contract
50-25 under this chapter that is a regular transaction and is not secured
50-26 by real property may provide for an interest charge on the cash
50-27 advance that does not exceed the amount of add-on interest equal to
51-1 the amount computed for the full term of the contract at an add-on
51-2 interest amount equal to:
51-3 (1) $18 for each $100 per year on the part of the cash
51-4 advance that is less than or equal to the amount computed under
51-5 Article 2.08, using the reference base amount of $300; and
51-6 (2) $8 for each $100 per year on the part of the cash
51-7 advance that is more than the amount computed for Subdivision (1)
51-8 but less than or equal to an amount computed under Article 2.08,
51-9 using the reference base amount of $2,500.
51-10 (b) For the purpose of Subsection (a):
51-11 (1) when the loan is made an interest charge may be
51-12 computed for the full term of the loan contract;
51-13 (2) if the period before the first installment due
51-14 date includes a part of a month that is longer than 15 days, then
51-15 that portion of a month may be considered a full month; and
51-16 (3) if a loan contract provides for precomputed
51-17 interest, the amount of the loan is the total of:
51-18 (A) the cash advance; and
51-19 (B) the amount of precomputed interest.
51-20 (c) A loan contract under this chapter that is an irregular
51-21 transaction and is not secured by real property may provide for an
51-22 interest charge, using any method or formula, that does not exceed
51-23 the amount that, having due regard for the schedule of installment
51-24 payments, would produce the same effective return as allowed under
51-25 Subsection (a) if the loan were payable in equal successive monthly
51-26 installments beginning one month from the date of the contract.
51-27 (d) A loan contract under this chapter that is not secured
52-1 by real property may provide for a rate or amount of interest
52-2 computed using the true daily earnings method or the scheduled
52-3 installment earnings method that does not exceed the alternative
52-4 interest rate as computed under Subchapter A, Chapter 1D. Interest
52-5 may accrue on the principal balance and amounts added to principal
52-6 after the date of the loan contract from time to time unpaid at the
52-7 rate provided for by the contract until the date of payment in full
52-8 or demand for payment in full.
52-9 Art. 3A.302. MAXIMUM CHARGE FOR LOAN WITH SINGLE REPAYMENT.
52-10 A loan contract that exceeds the maximum cash advance of Article
52-11 3A.401 and that is payable in a single installment may provide for
52-12 an interest charge on the cash advance that does not exceed a rate
52-13 or amount that would produce the same effective return as allowed
52-14 under Article 3A.301 having due consideration for the amount and
52-15 term of the loan. If a loan under this article is prepaid in full,
52-16 the lender may earn a minimum interest charge of $25.
52-17 Art. 3A.303. ADDITIONAL INTEREST FOR DEFAULT: REGULAR
52-18 TRANSACTION. (a) A loan contract that includes precomputed
52-19 interest and that is a regular transaction may provide for
52-20 additional interest for default if any part of an installment
52-21 remains unpaid after the 10th day after the date on which the
52-22 installment is due, including Sundays and holidays.
52-23 (b) A loan contract that uses the scheduled installment
52-24 earnings method and that is a regular transaction may provide for
52-25 additional interest for default if any part of an installment
52-26 remains unpaid after the 10th day after the date on which the
52-27 installment is due, including Sundays and holidays.
53-1 (c) The additional interest may not exceed five cents for
53-2 each $1 of a scheduled installment.
53-3 (d) Interest under this article may not be collected more
53-4 than once on the same installment.
53-5 Art. 3A.304. ADDITIONAL INTEREST FOR INSTALLMENT DEFERMENT:
53-6 REGULAR TRANSACTION. (a) On a loan contract that includes
53-7 precomputed interest and is a regular transaction, an authorized
53-8 lender may charge additional interest for the deferment of an
53-9 installment if:
53-10 (1) the entire amount of the installment is unpaid;
53-11 (2) no interest for default has been collected on the
53-12 installment; and
53-13 (3) payment of the installment is deferred for one or
53-14 more full months and the maturity of the contract is extended for a
53-15 corresponding period.
53-16 (b) The interest for deferment under Subsection (a) may not
53-17 exceed the amount computed by:
53-18 (1) taking the difference between the refund that
53-19 would be required for prepayment in full as of the date of
53-20 deferment and the refund that would be required for prepayment in
53-21 full one month before the date of deferment; and
53-22 (2) multiplying the results under Subdivision (1) by
53-23 the number of months in the deferment period.
53-24 (c) The amount of interest applicable to each deferred
53-25 balance or installment period occurring after a deferment period
53-26 remains the amount applicable to that balance or period under the
53-27 original loan contract.
54-1 (d) If a loan is prepaid in full during the deferment
54-2 period, the borrower shall receive, in addition to the refund
54-3 required under Subchapter H, a pro rata refund of that part of the
54-4 interest for deferment applicable to the number of full months
54-5 remaining in the deferment period on the payment date.
54-6 (e) For the purposes of this article, a deferment period is
54-7 the period during which a payment is not required or made because
54-8 of the deferment and begins on the day after the due date of the
54-9 scheduled installment that precedes the first installment being
54-10 deferred.
54-11 Art. 3A.305. COLLECTION OF DEFAULT OR DEFERMENT INTEREST.
54-12 Interest for default under Article 3A.303 or for installment
54-13 deferment under Article 3A.304 may be collected when it accrues or
54-14 at any time after it accrues.
54-15 Art. 3A.306. ADDITIONAL INTEREST FOR DEFAULT: IRREGULAR
54-16 TRANSACTION. A loan contract that includes precomputed interest
54-17 and that is an irregular transaction may provide for additional
54-18 interest for default using the true daily earnings method for the
54-19 period from the maturity date of an installment until the date the
54-20 installment is paid. The rate of the additional interest may not
54-21 exceed the maximum contract interest rate.
54-22 SUBCHAPTER F. ALTERNATE CHARGES FOR CERTAIN LOANS
54-23 Art. 3A.401. MAXIMUM CASH ADVANCE. The maximum cash advance
54-24 of a loan made under this subchapter is an amount computed under
54-25 Article 2.08, using the reference base amount of $100.
54-26 Art. 3A.402. ALTERNATE INTEREST CHARGE. Instead of the
54-27 charges authorized by Article 3A.301, a loan contract may provide
55-1 for:
55-2 (1) on a cash advance of less than $30, an acquisition
55-3 charge that is not more than $1 for each $5 of the cash advance;
55-4 (2) on a cash advance equal to or more than $30 but
55-5 not more than $100:
55-6 (A) an acquisition charge that is not more than
55-7 the amount equal to one-tenth of the amount of the cash advance;
55-8 and
55-9 (B) an installment account handling charge that
55-10 is not more than:
55-11 (i) $3 a month if the cash advance is not
55-12 more than $35;
55-13 (ii) $3.50 a month if the cash advance is
55-14 more than $35 but not more than $70; or
55-15 (iii) $4 a month if the cash advance is
55-16 more than $70; or
55-17 (3) on a cash advance of more than $100:
55-18 (A) an acquisition charge that is not more than
55-19 $10; and
55-20 (B) an installment account handling charge that
55-21 is not more than $4 a month for each $100 of cash advance.
55-22 Art. 3A.403. MAXIMUM INTEREST CHARGE FOR LOAN WITH SINGLE
55-23 REPAYMENT. A loan contract to which Article 3A.401 applies and
55-24 that is payable in a single installment may provide for an
55-25 acquisition charge and an interest charge on the cash advance that
55-26 does not exceed a rate or amount that would produce the same
55-27 effective return as allowed under Article 3A.402 having due
56-1 consideration for the amount and term of the loan. If a loan under
56-2 this article is prepaid in full, the lender may earn a minimum of
56-3 the acquisition charge and interest charge for one month.
56-4 Art. 3A.404. NO OTHER CHARGES AUTHORIZED. (a) On a loan
56-5 made under this subchapter a lender may not contract for, charge,
56-6 or receive an amount unless this subchapter authorizes the amount
56-7 to be charged.
56-8 (b) An insurance charge is not authorized on a loan made
56-9 under this subchapter.
56-10 Art. 3A.405. MAXIMUM LOAN TERM. The maximum term of a loan
56-11 made under this subchapter is:
56-12 (1) for a loan of $100 or less the lesser of:
56-13 (A) one month for each multiple of $10 of cash
56-14 advance; or
56-15 (B) six months; and
56-16 (2) for a loan of more than $100, one month for each
56-17 multiple of $20 of cash advance.
56-18 Art. 3A.406. REFUND. (a) An acquisition charge authorized
56-19 under Article 3A.402(1) or (2) is considered to be earned at the
56-20 time a loan is made and is not subject to refund.
56-21 (b) On the prepayment of a loan with a cash advance of $30
56-22 or more but not more than $100, the installment account handling
56-23 charge authorized under Article 3A.402(2) is subject to refund in
56-24 accordance with Subchapter H.
56-25 (c) On the prepayment of a loan with a cash advance of more
56-26 than $100, the acquisition charge and the installment account
56-27 handling charge authorized under Article 3A.402(3) are subject to
57-1 refund in accordance with Subchapter H.
57-2 Art. 3A.407. DEFAULT CHARGE; DEFERMENT OF PAYMENT. The
57-3 provisions of Subchapter E relating to additional interest for
57-4 default and additional interest for the deferment of installments
57-5 apply to a loan made under this subchapter.
57-6 Art. 3A.408. SCHEDULES FOR WEEKLY, BIWEEKLY, OR SEMIMONTHLY
57-7 INSTALLMENTS. The commissioner may prepare schedules that may be
57-8 used by an authorized lender for the repayment of a loan made under
57-9 this subchapter by weekly, biweekly, or semimonthly installments.
57-10 SUBCHAPTER G. INTEREST AND OTHER CHARGES ON SECONDARY
57-11 MORTGAGE LOANS
57-12 Art. 3A.501. MAXIMUM INTEREST CHARGE. (a) A secondary
57-13 mortgage loan that is a regular transaction may provide for an
57-14 interest charge on the cash advance that is precomputed and that
57-15 does not exceed a rate or amount that would produce the same
57-16 effective return as allowed under Subchapter A, Chapter 1D.
57-17 (b) For the purpose of Subsection (a):
57-18 (1) when the loan is made an interest charge may be
57-19 computed for the full term of the loan contract;
57-20 (2) if the period before the first installment due
57-21 date includes a part of a month that is longer than 15 days, that
57-22 portion of a month may be considered a full month; and
57-23 (3) if a loan contract provides for precomputed
57-24 interest, the amount of the loan is the total of:
57-25 (A) the cash advance; and
57-26 (B) the amount of precomputed interest.
57-27 (c) A secondary mortgage loan may provide for a rate or
58-1 amount of interest calculated using the true daily earnings method
58-2 or the scheduled installment earnings method that does not exceed
58-3 the alternative rate ceiling in Subchapter A, Chapter 1D. Interest
58-4 may accrue on the principal balance and amounts added to principal
58-5 after the date of the loan contract from time to time unpaid at the
58-6 rate provided for by the contract until the date of payment in full
58-7 or demand for payment in full. An interest charge under this
58-8 subsection may not be precomputed.
58-9 Art. 3A.502. ADDITIONAL INTEREST FOR DEFAULT: REGULAR
58-10 TRANSACTION. (a) A secondary mortgage loan that includes
58-11 precomputed interest and that is a regular transaction may provide
58-12 for additional interest for default if any part of an installment
58-13 remains unpaid after the 10th day after the date on which the
58-14 installment is due, including Sundays and holidays.
58-15 (b) A secondary mortgage loan contract that uses the
58-16 scheduled installment earnings method and that is a regular
58-17 transaction may provide for additional interest for default if any
58-18 part of an installment remains unpaid after the 10th day after the
58-19 date on which the installment is due, including Sundays and
58-20 holidays.
58-21 (c) The additional interest for default may not exceed five
58-22 cents for each $1 of a scheduled installment.
58-23 (d) Interest under this article may not be collected more
58-24 than once on the same installment.
58-25 Art. 3A.503. ADDITIONAL INTEREST FOR INSTALLMENT DEFERMENT:
58-26 REGULAR TRANSACTIONS. (a) On a secondary mortgage loan that
58-27 includes precomputed interest and is a regular transaction, an
59-1 authorized lender may charge additional interest for the deferment
59-2 of an installment if:
59-3 (1) the entire amount of the installment is unpaid;
59-4 (2) no interest for default has been collected on the
59-5 installment; and
59-6 (3) payment of the installment is deferred for one or
59-7 more full months and the maturity of the contract is extended for a
59-8 corresponding period.
59-9 (b) The interest for deferment under Subsection (a) may not
59-10 exceed the amount computed by:
59-11 (1) taking the difference between the refund that
59-12 would be required for prepayment in full as of the date of
59-13 deferment and the refund that would be required for prepayment in
59-14 full one month before the date of deferment; and
59-15 (2) multiplying the results under Subdivision (1) by
59-16 the number of months in the deferment period.
59-17 (c) The amount of interest applicable to each deferred
59-18 balance or installment period occurring after a deferment period
59-19 remains the amount applicable to that balance or period under the
59-20 original loan contract.
59-21 (d) If a loan is prepaid in full during the deferment
59-22 period, the borrower shall receive, in addition to the refund
59-23 required under Subchapter H, a pro rata refund of that part of the
59-24 interest for deferment applicable to the number of full months
59-25 remaining in the deferment period on the payment date.
59-26 (e) For the purposes of this article, a deferment period is
59-27 the period during which a payment is not required or made because
60-1 of the deferment and begins on the day after the due date of the
60-2 scheduled installment that precedes the first installment being
60-3 deferred.
60-4 Art. 3A.504. COLLECTION OF DEFAULT OR DEFERMENT INTEREST.
60-5 Interest for default under Article 3A.502 or for installment
60-6 deferment under Article 3A.503 may be collected when it accrues or
60-7 at any time after it accrues.
60-8 Art. 3A.505. ADDITIONAL INTEREST FOR DEFAULT: IRREGULAR
60-9 TRANSACTION. A secondary mortgage loan that includes precomputed
60-10 interest and that is an irregular transaction may provide for
60-11 additional interest for default using the true daily earnings
60-12 method for the period from the maturity date of an installment
60-13 until the date the installment is paid. The rate of the additional
60-14 interest may not exceed the maximum contract interest rate.
60-15 Art. 3A.506. DATE OF FIRST SCHEDULED INSTALLMENT. On a
60-16 secondary mortgage loan made under this chapter the due date of the
60-17 first installment may not be scheduled later than three months
60-18 after the date of the loan.
60-19 Art. 3A.507. AMOUNTS AUTHORIZED TO BE INCLUDED IN CONTRACT.
60-20 A secondary mortgage loan contract may provide for:
60-21 (1) reasonable fees or charges paid to the trustee in
60-22 connection with a deed of trust or similar instrument executed in
60-23 connection with the secondary mortgage loan, including fees for
60-24 enforcing the lien against or posting for sale, selling, or
60-25 releasing the property secured by the deed of trust;
60-26 (2) reasonable fees paid to an attorney who is not an
60-27 employee of the creditor in the collection of a delinquent
61-1 secondary mortgage loan;
61-2 (3) court costs and fees incurred in the collection of
61-3 the loan or foreclosure of a lien created by the loan; or
61-4 (4) a fee that does not exceed $15 for the return by a
61-5 depository institution of a dishonored check, negotiable order of
61-6 withdrawal, or share draft offered in full or partial payment of a
61-7 secondary mortgage loan.
61-8 Art. 3A.508. AMOUNTS AUTHORIZED TO BE COLLECTED OR ADDED TO
61-9 LOAN. (a) A lender or a person who is assigned a secondary
61-10 mortgage loan may collect on or before the closing of the loan, or
61-11 include in the principal of the loan:
61-12 (1) reasonable fees for:
61-13 (A) title examination and preparation of an
61-14 abstract of title by:
61-15 (i) an attorney who is not an employee of
61-16 the lender; or
61-17 (ii) a title company or property search
61-18 company authorized to do business in this state; or
61-19 (B) premiums or fees for title insurance or
61-20 title search for the benefit of the mortgagee and, at the
61-21 mortgagor's option, for title insurance or title search for the
61-22 benefit of the mortgagor;
61-23 (2) reasonable fees charged to the lender by an
61-24 attorney who is not a salaried employee of the lender for
61-25 preparation of the loan documents in connection with the mortgage
61-26 loan if the fees are evidenced by a statement for services rendered
61-27 addressed to the lender;
62-1 (3) charges prescribed by law that are paid to public
62-2 officials for determining the existence of a security interest or
62-3 for perfecting, releasing, or satisfying a security interest;
62-4 (4) reasonable fees for an appraisal of real property
62-5 offered as security for the loan prepared by a certified appraiser
62-6 who is not a salaried employee of the lender;
62-7 (5) the reasonable cost of a credit report;
62-8 (6) reasonable fees for a survey of real property
62-9 offered as security for the loan prepared by a registered surveyor
62-10 who is not a salaried employee of the lender;
62-11 (7) the premiums received in connection with the sale
62-12 of credit life insurance, credit accident and health insurance, or
62-13 other insurance that protects the mortgagee against default by the
62-14 mortgagor, the benefits of which are applied in whole or in part to
62-15 reduce or extinguish the loan balance; and
62-16 (8) reasonable fees relating to real property offered
62-17 as security for the loan that are incurred to comply with a
62-18 federally mandated program if the collection of the fees or the
62-19 participation in the program is required by a federal agency.
62-20 (b) Premiums for property insurance that conforms with
62-21 Article 3A.701 may be added to the loan contract.
62-22 SUBCHAPTER H. REFUND OF PRECOMPUTED INTEREST
62-23 Art. 3A.601. REFUND OF PRECOMPUTED INTEREST: REGULAR
62-24 TRANSACTION. (a) This article applies to a loan contract that
62-25 includes precomputed interest and that is a regular transaction.
62-26 (b) If the contract is prepaid in full, including payment in
62-27 cash or by a new loan or renewal of the loan, or if the lender
63-1 demands payment in full of the unpaid balance, after the first
63-2 installment due date but before the final installment due date, the
63-3 lender shall refund or credit to the borrower the amount computed
63-4 by:
63-5 (1) dividing the sum of the periodic balances
63-6 scheduled to follow the installment date after the date of the
63-7 prepayment or demand, as appropriate, by the sum of all the
63-8 periodic balances under the schedule of payments set out in the
63-9 loan contract; and
63-10 (2) multiplying the total interest contracted for
63-11 under Article 3A.301, 3A.402, or 3A.501, as appropriate, by the
63-12 result under Subdivision (1).
63-13 (c) If the prepayment in full or demand for payment in full
63-14 occurs before the first installment due date, the lender shall:
63-15 (1) retain an amount computed by:
63-16 (A) dividing 30 into the amount that could be
63-17 retained if the first installment period were one month and the
63-18 loan were prepaid in full on the date the first installment is due;
63-19 and
63-20 (B) multiplying the result under Paragraph (A)
63-21 by the number of days in the period beginning on the date the loan
63-22 was made and ending on the date of the prepayment or demand; and
63-23 (2) refund or credit to the borrower the amount
63-24 computed by subtracting the amount retained under Subdivision (1)
63-25 from the interest contracted for under Article 3A.301, 3A.402, or
63-26 3A.501, as appropriate.
63-27 Art. 3A.602. REFUND OF PRECOMPUTED INTEREST ON CONTRACT:
64-1 IRREGULAR TRANSACTION OR TERM OF MORE THAN 60 MONTHS. (a) This
64-2 article applies to a loan contract that:
64-3 (1) includes precomputed interest and to which Article
64-4 3A.601 does not apply; or
64-5 (2) has a term of more than 60 months.
64-6 (b) If the contract is prepaid in full, including payment in
64-7 cash or by a new loan or renewal of the loan, or if the lender
64-8 demands payment in full of the unpaid balance before final maturity
64-9 of the contract, the lender earns interest for the period beginning
64-10 on the date of the loan and ending on the date of the prepayment or
64-11 demand, as applicable, an amount that does not exceed the amount
64-12 allowed by Subsection (f) using the simple annual interest rate
64-13 under the contract.
64-14 (c) If prepayment in full or demand for payment in full
64-15 occurs during an installment period, the lender may retain, in
64-16 addition to interest that accrued during any elapsed installment
64-17 periods, an amount computed by:
64-18 (1) multiplying the simple annual interest rate under
64-19 the contract by the unpaid principal balance of the loan determined
64-20 according to the schedule of payments to be outstanding on the
64-21 immediately preceding installment due date;
64-22 (2) dividing 365 into the product under Subdivision
64-23 (1); and
64-24 (3) multiplying the number of days in the period
64-25 beginning on the day after the installment due date and ending on
64-26 the date of the prepayment or demand, as appropriate, by the result
64-27 obtained under Subdivision (2).
65-1 (d) The lender may also earn interest on an addition to
65-2 principal, or other permissible charges, added to the loan after
65-3 the date of the loan contract, accruing at the simple annual
65-4 interest rate under the contract from the date of the addition
65-5 until the date paid or the date the lender demands payment in full
65-6 of the total unpaid balance under the loan contract.
65-7 (e) The lender shall refund or credit to the borrower the
65-8 amount computed by subtracting the total amount retained under
65-9 Subsections (b), (c), and (d) from the total amount of interest
65-10 contracted for and precomputed in the amount of loan.
65-11 (f) For the purposes of this article, the simple annual
65-12 interest rate under a contract is equal to the rate that the
65-13 contract would have produced over its full term if, assuming that
65-14 each scheduled payment under the contract is paid on the date due
65-15 and considering the amount of each scheduled installment and the
65-16 time of each scheduled installment period, the rate were applied to
65-17 the unpaid principal amounts determined to be outstanding from time
65-18 to time according to the schedule of payments.
65-19 Art. 3A.603. NO REFUND ON PARTIAL PREPAYMENT OR OF AMOUNT
65-20 LESS THAN $1. A refund is not required under this subchapter for a
65-21 partial prepayment or if the amount to be refunded is less than $1.
65-22 SUBCHAPTER I. INSURANCE
65-23 Art. 3A.701. REQUIRED PROPERTY INSURANCE. (a) On a loan
65-24 that is subject to Subchapter E with a cash advance of $300 or
65-25 more, a lender may request or require a borrower to insure tangible
65-26 personal property offered as security for the loan.
65-27 (b) On a secondary mortgage loan, a lender may request or
66-1 require a borrower to provide property insurance as security
66-2 against reasonable risks of loss, damage, and destruction.
66-3 (c) The insurance coverage and the premiums or charges for
66-4 the coverage must bear a reasonable relationship to:
66-5 (1) the amount, term, and conditions of the loan;
66-6 (2) the value of the collateral; and
66-7 (3) the existing hazards or risk of loss, damage, or
66-8 destruction.
66-9 (d) The insurance may not:
66-10 (1) cover unusual or exceptional risks; or
66-11 (2) provide coverage not ordinarily included in
66-12 policies issued to the general public.
66-13 (e) A creditor may not require the purchase of duplicate
66-14 property insurance if the creditor has knowledge that the borrower:
66-15 (1) has valid and collectible insurance covering the
66-16 property; and
66-17 (2) has provided a loss payable endorsement sufficient
66-18 to protect the creditor.
66-19 (f) For purposes of determining the knowledge required under
66-20 Subsection (e), a creditor may rely on a written consent to
66-21 purchase insurance in which the borrower is given the opportunity
66-22 to disclose the existence of other coverage.
66-23 Art. 3A.702. CREDIT LIFE INSURANCE, CREDIT HEALTH AND
66-24 ACCIDENT INSURANCE, OR INVOLUNTARY UNEMPLOYMENT INSURANCE. (a) On
66-25 a loan made under this chapter that is subject to Subchapter E with
66-26 a cash advance of $100 or more, a lender may:
66-27 (1) offer or request that a borrower provide credit
67-1 life insurance and credit health and accident insurance as
67-2 additional protection for the loan; and
67-3 (2) offer involuntary unemployment insurance to the
67-4 borrower at the time the loan is made.
67-5 (b) A lender may not require that the borrower accept or
67-6 provide the insurance described by Subsection (a).
67-7 (c) On a secondary mortgage loan made under this chapter, a
67-8 lender may request or require that a borrower provide credit life
67-9 insurance and credit accident and health insurance as additional
67-10 protection for the loan.
67-11 Art. 3A.703. MAXIMUM AMOUNT OF INSURANCE COVERAGE. (a) At
67-12 any time the total amount of the policies of credit life insurance
67-13 in force on one borrower on one loan contract may not exceed the
67-14 greater of:
67-15 (1) the total amount repayable under the loan contract
67-16 if the loan is an irregular transaction; or
67-17 (2) the greater of the scheduled or actual amount of
67-18 unpaid indebtedness if the loan is a regular transaction.
67-19 (b) At any time the total amount of the policies of credit
67-20 accident and health insurance or involuntary unemployment insurance
67-21 in force on one borrower on one loan contract may not exceed the
67-22 total amount repayable under the loan contract, and the amount of
67-23 each periodic indemnity payment may not exceed the scheduled
67-24 periodic installment payment on the loan.
67-25 Art. 3A.704. INSURANCE NOTICE. (a) If insurance is
67-26 required on a loan made under this chapter, the lender shall give
67-27 to the borrower written notice that clearly and conspicuously
68-1 states that:
68-2 (1) insurance is required in connection with the loan;
68-3 and
68-4 (2) the borrower as an option may furnish the required
68-5 insurance coverage through an insurance policy that is in existence
68-6 and that is owned or controlled by the borrower or an insurance
68-7 policy obtained from an insurance company authorized to do business
68-8 in this state.
68-9 (b) If insurance requested or required on a loan made under
68-10 this chapter is sold or obtained by a lender at a premium or rate
68-11 of charge that is not fixed or approved by the commissioner of
68-12 insurance, the lender shall notify the borrower of that fact. If
68-13 notice is required under Subsection (a), the lender shall include
68-14 that fact in the notice required by Subsection (a).
68-15 (c) A notice required under this article may be:
68-16 (1) a separate writing delivered with the loan
68-17 contract; or
68-18 (2) a part of the loan contract.
68-19 Art. 3A.705. INSURANCE MAY BE FURNISHED BY BORROWER. (a)
68-20 If insurance is required on a loan made under this chapter, the
68-21 borrower may furnish the insurance coverage through an insurance
68-22 policy that is in existence and that is owned or controlled by the
68-23 borrower or an insurance policy obtained by the borrower from an
68-24 insurance company authorized to do business in this state.
68-25 (b) If insurance is required on a loan made under this
68-26 chapter and the insurance is sold or obtained by the lender at a
68-27 premium or rate of charge that is not fixed or approved by the
69-1 commissioner of insurance, the borrower has the option of
69-2 furnishing the required insurance under this article at any time
69-3 before the sixth day after the date of the loan.
69-4 Art. 3A.706. BORROWER'S FAILURE TO PROVIDE REQUIRED
69-5 INSURANCE. (a) If a borrower fails to obtain or maintain
69-6 insurance coverage required under a loan contract or requests the
69-7 lender to obtain that coverage, the lender may obtain substitute
69-8 insurance coverage that is substantially equivalent to or more
69-9 limited than the coverage originally required.
69-10 (b) If a loan is subject to Subchapter E, the lender may
69-11 obtain insurance to cover only the interest of the lender as a
69-12 secured party if the borrower does not request that the borrower's
69-13 interest be covered.
69-14 (c) Insurance obtained under this article must comply with
69-15 Articles 3A.707 and 3A.708.
69-16 (d) The lender may add the amount advanced by the lender for
69-17 insurance coverage obtained under this article to the unpaid
69-18 balance of the loan contract and may charge interest on that amount
69-19 from the time it is added to the unpaid balance until it is paid.
69-20 The rate of additional interest may not exceed the rate that the
69-21 loan contract would produce over its full term if each scheduled
69-22 payment were paid on the due date.
69-23 Art. 3A.707. REQUIREMENTS FOR INCLUDING INSURANCE CHARGE IN
69-24 CONTRACT. Insurance for which a charge is included in a loan
69-25 contract must be written:
69-26 (1) at lawful rates;
69-27 (2) in accordance with the Insurance Code; and
70-1 (3) by a company authorized to do business in this
70-2 state.
70-3 Art. 3A.708. FURNISHING OF INSURANCE DOCUMENT TO BORROWER.
70-4 If a lender obtains insurance for which a charge is included in the
70-5 loan contract, the lender, not later than the 30th day after the
70-6 date on which the loan contract is executed, shall deliver, mail,
70-7 or cause to be mailed to the borrower at the borrower's address
70-8 specified in the contract one or more policies or certificates of
70-9 insurance that clearly set forth:
70-10 (1) the amount of the premium;
70-11 (2) the kind of insurance provided;
70-12 (3) the coverage of the insurance; and
70-13 (4) all terms, including options, limitations,
70-14 restrictions, and conditions, of each insurance policy.
70-15 Art. 3A.709. LENDER'S DUTY IF INSURANCE IS ADJUSTED OR
70-16 TERMINATED. (a) If insurance for which a charge is included in or
70-17 added to the loan contract is canceled, adjusted, or terminated,
70-18 the lender shall:
70-19 (1) credit to the amount unpaid on the loan the amount
70-20 of the refund received by the lender for unearned insurance
70-21 premiums, less the amount of the refund that is applied to the
70-22 purchase by the lender of similar insurance; and
70-23 (2) if the amount to be credited under Subdivision (1)
70-24 is more than the unpaid balance, refund promptly to the borrower
70-25 the difference between those amounts.
70-26 (b) A cash refund is not required under this article if the
70-27 amount of the refund is less than $1.
71-1 Art. 3A.710. PAYMENT FOR INSURANCE FROM LOAN PROCEEDS. A
71-2 lender, including an officer, agent, or employee of the lender, who
71-3 accepts insurance under this subchapter as protection for a loan:
71-4 (1) may deduct the premium or identifiable charge for
71-5 the insurance from the proceeds of the loan; and
71-6 (2) shall pay the deducted amounts to the insurance
71-7 company writing the insurance.
71-8 Art. 3A.711. INSURANCE GAIN NOT INTEREST. Any gain, or
71-9 advantage to the lender or the lender's employee, officer,
71-10 director, agent, general agent, affiliate, or associate from
71-11 insurance under this subchapter or the provision or sale of
71-12 insurance under this subchapter is not additional interest or an
71-13 additional charge in connection with a loan made under this chapter
71-14 except as specifically provided by this chapter.
71-15 Art. 3A.712. ACTION UNDER SUBCHAPTER NOT SALE OF INSURANCE.
71-16 Arranging for insurance or collecting an identifiable charge as
71-17 authorized by this subchapter is not a sale of insurance.
71-18 Art. 3A.713. REQUIRED AGENT OR BROKER PROHIBITED. A lender
71-19 may not by any direct or indirect method require the purchase of
71-20 insurance from an agent or broker designated by the lender.
71-21 Art. 3A.714. DECLINATION OF EQUAL INSURANCE COVERAGE
71-22 PROHIBITED. A lender may not decline at any time existing
71-23 insurance coverage providing substantially equal benefits that
71-24 comply with this subchapter.
71-25 Art. 3A.715. EFFECT OF UNAUTHORIZED INSURANCE CHARGE. (a)
71-26 If a lender charges for insurance an amount that is not authorized
71-27 under this subchapter, the lender:
72-1 (1) is not entitled to collect an amount for insurance
72-2 or interest on an amount for insurance; and
72-3 (2) shall refund to the borrower or credit to the
72-4 borrower's account all amounts collected for insurance and interest
72-5 collected on those amounts.
72-6 (b) An overcharge that results from an accidental or bona
72-7 fide error may be corrected as provided by Article 8.01.
72-8 (c) The remedy provided by this article is not exclusive of
72-9 any other remedy or penalty provided by this subtitle.
72-10 Art. 3A.716. NONFILING INSURANCE. (a) Instead of charging
72-11 fees for the filing, recording, and releasing of a document
72-12 securing a loan to which Subchapter E applies, an authorized lender
72-13 may include in the loan contract a charge for a nonfiling insurance
72-14 premium.
72-15 (b) The amount of a charge under Subsection (a) may not
72-16 exceed the amount of fees authorized for filing and recording an
72-17 original financing statement in the standard form prescribed by the
72-18 secretary of state.
72-19 (c) A lender may receive an amount authorized under this
72-20 article only if the lender purchases nonfiling insurance in
72-21 connection with the loan contract.
72-22 (d) A lender is not required to furnish to a borrower a
72-23 policy or certificate of insurance evidencing nonfiling insurance.
72-24 SUBCHAPTER J. AUTHORIZED LENDER'S DUTIES AND AUTHORITY
72-25 Art. 3A.801. DELIVERY OF INFORMATION TO BORROWER. (a) When
72-26 a loan is made under this chapter, the lender shall deliver to the
72-27 borrower, or to one borrower if there is more than one, a copy of
73-1 each document signed by the borrower, including the note or loan
73-2 contract, and a written statement in English that contains:
73-3 (1) the names and addresses of the borrower and the
73-4 lender; and
73-5 (2) any type of insurance for which a charge is
73-6 included in the loan contract and the charge to the borrower for
73-7 the insurance.
73-8 (b) If the note or loan contract shows the information
73-9 required by Subsection (a), the written statement is not required.
73-10 Art. 3A.802. RECEIPT FOR CASH PAYMENT. A lender shall give
73-11 a receipt to a person making a cash payment on a loan.
73-12 Art. 3A.803. ACCEPTANCE OF PREPAYMENT. At any time during
73-13 regular business hours, the lender shall accept prepayment of a
73-14 loan in full or, if the amount tendered is less than the amount
73-15 required to prepay the loan in full, prepayment of an amount equal
73-16 to one or more full installments.
73-17 Art. 3A.804. RETURN OF INSTRUMENTS TO BORROWER ON REPAYMENT.
73-18 Within a reasonable time after a loan is repaid in full or an
73-19 open-end account is terminated according to the terms of the
73-20 contract, a lender shall cancel and return to a borrower any
73-21 instrument, including a note, assignment, security agreement, or
73-22 mortgage, or pledged property that:
73-23 (1) secured the loan; and
73-24 (2) does not secure another indebtedness of the
73-25 borrower to the lender.
73-26 Art. 3A.805. AGREEMENT FOR MORE THAN ONE LOAN OR CASH
73-27 ADVANCE. (a) A lender and a borrower may enter an agreement under
74-1 which one or more loans or cash advances are from time to time made
74-2 to or for the account of the borrower.
74-3 (b) An agreement under this article may provide for a
74-4 maximum loan charge on the unpaid principal amounts from time to
74-5 time outstanding at a rate that does not exceed the rate that
74-6 produces the maximum interest charge computed under Article 3A.301
74-7 for an equivalent loan amount.
74-8 (c) An agreement under this article must be written and
74-9 signed by the lender and borrower.
74-10 (d) An agreement under this article must contain:
74-11 (1) the date of the agreement;
74-12 (2) the name and address of each borrower; and
74-13 (3) the name and address of the lender.
74-14 (e) If a charge for insurance coverage is to be included in
74-15 a loan contract, an agreement under this article must clearly set
74-16 forth a simple statement of the amount of the charge or the method
74-17 by which the charge is to be computed.
74-18 (f) The lender shall deliver a copy of an agreement under
74-19 this article to the borrower.
74-20 (g) The commissioner may prescribe monthly rates of charge
74-21 that produce the maximum interest charge computed under Article
74-22 3A.301 for use under Subsection (b) of this article.
74-23 Art. 3A.806. AGREEMENT TO MODIFY TERM OF SECONDARY MORTGAGE
74-24 LOAN CONTRACT. (a) A lender and a borrower may enter into an
74-25 agreement under which a term of a secondary mortgage loan contract
74-26 is amended, restated, or rescheduled.
74-27 (b) An agreement under this article must be written and
75-1 signed by the lender and borrower.
75-2 (c) An agreement under this article must contain:
75-3 (1) the date of the agreement;
75-4 (2) the name and address of the lender; and
75-5 (3) the name and address of each borrower.
75-6 (d) The lender shall deliver a copy of an agreement under
75-7 this article to the borrower.
75-8 SUBCHAPTER K. PROHIBITIONS ON AUTHORIZED LENDER
75-9 Art. 3A.851. OBLIGATION UNDER MORE THAN ONE CONTRACT. (a)
75-10 An authorized lender may not induce or permit a person or a husband
75-11 and wife to be directly or indirectly obligated under more than one
75-12 loan contract at any time for the purpose or with the effect of
75-13 obtaining an amount of interest that is more than the amount of
75-14 interest that is otherwise authorized under this chapter for a loan
75-15 of that aggregate amount with a maximum interest charge computed
75-16 under:
75-17 (1) Article 3A.301(a);
75-18 (2) Article 3A.402; or
75-19 (3) both Articles 3A.301(a) and 3A.402.
75-20 (b) Subsection (a) does not prohibit the purchase of a bona
75-21 fide retail installment contract or revolving charge agreement of a
75-22 borrower for the purchase of goods or services.
75-23 (c) A lender who purchases all or substantially all of the
75-24 loan contracts of another authorized lender and who at the time of
75-25 purchase has a loan contract with a borrower whose loan contract is
75-26 purchased may collect principal and authorized charges according to
75-27 the terms of each loan contract.
76-1 Art. 3A.852. AMOUNT AUTHORIZED. (a) A lender may not
76-2 directly or indirectly charge, contract for, or receive an amount
76-3 that is not authorized under this chapter in connection with a loan
76-4 to which this chapter applies. This includes, but is not limited
76-5 to, any fees, compensation, bonuses, commissions, brokerage,
76-6 discounts, expenses and every other charge of any nature
76-7 whatsoever, whether of the types listed herein or not.
76-8 (b) On a loan subject to Subchapter E or a secondary
76-9 mortgage loan subject to Subchapter G a lender may assess and
76-10 collect from the borrower an amount incurred by the lender for:
76-11 (1) court costs;
76-12 (2) attorney's fees assessed by a court;
76-13 (3) a fee authorized by law for filing, recording, or
76-14 releasing in a public office a security for a loan;
76-15 (4) a reasonable amount spent for repossessing,
76-16 storing, preparing for sale, or selling any security;
76-17 (5) a fee for recording a lien on or transferring a
76-18 certificate of title to a motor vehicle offered as security for a
76-19 loan made under this chapter; or
76-20 (6) a premium or an identifiable charge received in
76-21 connection with the sale of insurance authorized under this
76-22 chapter.
76-23 Art. 3A.853. SECURITY FOR LOAN. (a) A lender may not take
76-24 as security for a loan made under this chapter an assignment of
76-25 wages.
76-26 (b) A lender may not take as security for a loan made under
76-27 Subchapter E or Subchapter F a lien on real property other than a
77-1 lien created by law on the recording of an abstract of judgment.
77-2 (c) A lender may take as security for a loan made under
77-3 Subchapter E or Subchapter F an assignment of:
77-4 (1) a warrant drawn against a state fund; or
77-5 (2) a claim against a state fund or a state agency.
77-6 Art. 3A.854. CONFESSION OF JUDGMENT; POWER OF ATTORNEY. A
77-7 lender may not take a confession of judgment or a power of attorney
77-8 authorizing the lender or a third person to confess judgment or to
77-9 appear for a borrower in a judicial proceeding.
77-10 Art. 3A.855. DISCLOSURE OF AMOUNT FINANCED AND SCHEDULE OF
77-11 PAYMENTS. A lender may not take a promise to pay or loan
77-12 obligation that does not disclose the amount financed and the
77-13 schedule of payments, except for an open-end account.
77-14 Art. 3A.856. INSTRUMENT WITH BLANK PROHIBITED. A lender may
77-15 not take an instrument in which a blank is left to be filled in
77-16 after the loan is made.
77-17 Art. 3A.857. WAIVER OF BORROWER'S RIGHT PROHIBITED. A
77-18 lender may not take an instrument in which a borrower waives any
77-19 right accruing to the borrower under this chapter.
77-20 Art. 3A.858. MAXIMUM LOAN TERM. A lender may not enter a
77-21 loan contract under Article 3A.301(a) under which the borrower
77-22 agrees to make a scheduled payment of principal more than:
77-23 (1) 37 calendar months after the date on which the
77-24 contract is made, if the contract is for a cash advance of $1,500
77-25 or less;
77-26 (2) 49 calendar months after the date on which the
77-27 contract is made, if the contract is for a cash advance of more
78-1 than $1,500 but not more than $3,000; or
78-2 (3) 60 months after the date on which the contract is
78-3 made, if the contract is for a cash advance of more than $3,000.
78-4 SUBCHAPTER L. ADMINISTRATION OF CHAPTER
78-5 Art. 3A.901. ADOPTION OF RULES. (a) The Finance Commission
78-6 of Texas may adopt rules to enforce this chapter.
78-7 (b) The commissioner shall recommend proposed rules to the
78-8 Finance Commission of Texas.
78-9 (c) A rule shall be entered in a permanent book. The book
78-10 is a public record and shall be kept in the office of the
78-11 commissioner.
78-12 Art. 3A.902. EXAMINATION OF LENDERS; ACCESS TO RECORDS. (a)
78-13 The commissioner or the commissioner's representative shall, at the
78-14 times the commissioner considers necessary:
78-15 (1) examine each place of business of each authorized
78-16 lender; and
78-17 (2) investigate the lender's transactions, including
78-18 loans, and records, including books, accounts, papers, and
78-19 correspondence, to the extent the transactions and records pertain
78-20 to the business regulated under this chapter.
78-21 (b) The lender shall:
78-22 (1) give the commissioner or the commissioner's
78-23 representative free access to the lender's office, place of
78-24 business, files, safes, and vaults; and
78-25 (2) allow the commissioner or the commissioner's
78-26 authorized representative to make a copy of an item that may be
78-27 investigated under Subsection (a)(2).
79-1 (c) During an examination the commissioner or the
79-2 commissioner's representative may administer oaths and examine any
79-3 person under oath on any subject pertinent to a matter that the
79-4 commissioner is authorized or required to consider, investigate, or
79-5 secure information about under this chapter.
79-6 (d) Information obtained under this article is confidential.
79-7 (e) A lender's violation of Subsection (b) is a ground for
79-8 the suspension or revocation of the lender's license.
79-9 Art. 3A.903. GENERAL INVESTIGATION. (a) To discover a
79-10 violation of this chapter or to obtain information required under
79-11 this chapter, the commissioner or the commissioner's representative
79-12 may investigate the records, including books, accounts, papers, and
79-13 correspondence, of a person, including an authorized lender, whom
79-14 the commissioner has reasonable cause to believe is violating this
79-15 chapter regardless of whether the person claims to not be subject
79-16 to this chapter.
79-17 (b) For the purposes of this article, a person who
79-18 advertises, solicits, or otherwise represents that the person is
79-19 willing to make a loan with a cash advance less than or equal to
79-20 the amount computed under Article 2.08 using the reference base
79-21 amount of $2,500 is presumed to be engaged in the business
79-22 described by Article 3A.101.
79-23 Art. 3A.904. CERTIFICATE; CERTIFIED DOCUMENT. On
79-24 application by any person and on payment of any associated cost,
79-25 the commissioner shall furnish under the commissioner's seal and
79-26 signed by the commissioner or an assistant of the commissioner:
79-27 (1) a certificate of good standing; or
80-1 (2) a certified copy of a license, rule, or order.
80-2 Art. 3A.905. TRANSCRIPT OF HEARING: PUBLIC. The transcript
80-3 of a hearing held by the commissioner under this chapter is a
80-4 public record.
80-5 Art. 3A.906. APPOINTMENT OF AGENT. (a) An authorized
80-6 lender shall maintain on file with the commissioner a written
80-7 appointment of a resident of this state as the lender's agent for
80-8 service of all judicial or other process or legal notice, unless
80-9 the lender has appointed an agent under another statute of this
80-10 state.
80-11 (b) If an authorized lender does not comply with this
80-12 article, service of all judicial or other process or legal notice
80-13 may be made on the commissioner.
80-14 Art. 3A.907. PAYMENT OF EXAMINATION COSTS AND ADMINISTRATION
80-15 EXPENSES. An authorized lender shall pay to the commissioner an
80-16 amount assessed by the commissioner to cover the direct and
80-17 indirect cost of an examination of the lender under Article 3A.902
80-18 and a proportionate share of general administrative expense.
80-19 Art. 3A.908. AUTHORIZED LENDER'S RECORDS. (a) An
80-20 authorized lender shall maintain records of each loan made under
80-21 this chapter as is necessary to enable the commissioner to
80-22 determine whether the lender is complying with this chapter.
80-23 (b) An authorized lender shall keep the record, make it
80-24 available in this state, or, if the lender makes, transacts, or
80-25 negotiates loans principally by mail, keep the records or make them
80-26 available at the lender's principal place of business, until the
80-27 later of:
81-1 (1) the fourth anniversary of the date of the loan; or
81-2 (2) the second anniversary of the date on which the
81-3 final entry is made in the record.
81-4 (c) The records described by Subsection (a) must be prepared
81-5 in accordance with accepted accounting practices.
81-6 (d) The commissioner shall accept a lender's system of
81-7 records if the system discloses the information reasonably required
81-8 under Subsection (a).
81-9 (e) An authorized lender shall keep all obligations signed
81-10 by borrowers at an office in this state designated by the lender
81-11 unless an obligation is transferred under an agreement that gives
81-12 the commissioner access to the obligation.
81-13 Art. 3A.909. ANNUAL REPORT. (a) Each year, not later than
81-14 May 1, or a subsequent date set by the commissioner, an authorized
81-15 lender shall file with the commissioner a report that contains
81-16 relevant information required by the commissioner concerning the
81-17 business and operations during the preceding calendar year for each
81-18 office of the lender in this state where business is conducted
81-19 under this chapter.
81-20 (b) A report under this article must be:
81-21 (1) under oath; and
81-22 (2) in the form prescribed by the commissioner.
81-23 (c) A report under this article is confidential.
81-24 (d) Annually the commissioner shall prepare and publish a
81-25 consolidated analysis and recapitulation of reports filed under
81-26 this article.
81-27 Art. 3A.910. CONDUCTING ASSOCIATED BUSINESS. An authorized
82-1 lender may conduct business under this chapter in an office, office
82-2 suite, room, or place of business in which any other business is
82-3 conducted or in combination with any other business unless the
82-4 commissioner:
82-5 (1) after a hearing, finds that the lender's
82-6 conducting of the other business in that office, office suite,
82-7 room, or place of business has concealed evasions of this chapter;
82-8 and
82-9 (2) orders the lender in writing to desist from that
82-10 conduct in that office, office suite, room, or place of business.
82-11 SECTION 3. Article 2.02A(1), Title 79, Revised Statutes
82-12 (Article 5069-2.02A, Vernon's Texas Civil Statutes), is amended to
82-13 read as follows:
82-14 (1) The Consumer Credit Commissioner shall enforce Chapters
82-15 2, 3A, [3, 4, 5,] 6, 6A, 7, 8, 9, and 15 of this title and the
82-16 Texas Pawnshop Act (Article 5069-51.01 et seq., Vernon's Texas
82-17 Civil Statutes) in person or through assistant commissioners or any
82-18 examiner or employee.
82-19 SECTION 4. Article 2.03(1), Title 79, Revised Statutes
82-20 (Article 5069-2.03, Vernon's Texas Civil Statutes), is amended to
82-21 read as follows:
82-22 (1) The investigative and enforcement authority under this
82-23 Article applies only to Chapters 2, 3A, [3, 4, 5,] 6, 6A, 7, 8, 9,
82-24 and 15 of this title and the Texas Pawnshop Act (Article 5069-51.01
82-25 et seq., Vernon's Texas Civil Statutes). Upon receipt of written
82-26 complaint or other reasonable cause to believe that any provision
82-27 of those statutes are being violated by any person, the Consumer
83-1 Credit Commissioner may request such person to furnish information
83-2 in regard to a specific loan or retail transaction or business
83-3 practice alleged to be in violation of those statutes.
83-4 SECTION 5. Article 2.03A(l), Title 79, Revised Statutes
83-5 (Article 5069-2.03A, Vernon's Texas Civil Statutes), is amended to
83-6 read as follows:
83-7 (l) When the judgment of the court becomes final, the court
83-8 shall proceed under this subsection. If the person paid the amount
83-9 of the penalty and if that amount is reduced or is not upheld by
83-10 the court, the court shall order that the appropriate amount plus
83-11 accrued interest be remitted to the person. The rate of the
83-12 interest is the rate authorized by Chapter 1E [Article 1.05] of
83-13 this title, and the interest shall be paid for the period beginning
83-14 on the date the penalty was paid and ending on the date the penalty
83-15 is remitted.
83-16 SECTION 6. Article 2.07, Title 79, Revised Statutes (Article
83-17 5069-2.07, Vernon's Texas Civil Statutes), is amended to read as
83-18 follows:
83-19 Art. 2.07. CREDIT AND LOANS TO INDIVIDUALS. No authorized
83-20 lender under Chapter 3A [Chapter 3] of this Title or other person
83-21 involved in transactions subject to this Title may deny an
83-22 individual who has the capacity to contract credit or loans in his
83-23 or her name, or restrict or limit the credit or loan granted on the
83-24 basis of sex, race, color, religion, national origin, marital
83-25 status, or age or because all or part of the individual's income
83-26 derives from a public assistance program in the form of social
83-27 security or supplemental security income, or the individual has in
84-1 good faith exercised any right under the Consumer Credit Protection
84-2 Act (15 U.S.C. Section 1601 et seq.; 18 U.S.C. Section 891 et
84-3 seq.). In interpreting this section, the courts and administrative
84-4 agencies shall be guided by the federal Equal Credit Opportunity
84-5 Act and regulations thereunder and interpretations thereof by the
84-6 Federal Reserve Board to the extent that that Act and those
84-7 regulations and interpretations pertain to conduct prohibited by
84-8 this section.
84-9 SECTION 7. Article 2.08(1), Title 79, Revised Statutes
84-10 (Article 5069-2.08, Vernon's Texas Civil Statutes), is amended to
84-11 read as follows:
84-12 (1) The dollar amount of the ceilings on the cash advance,
84-13 and the brackets establishing ranges of cash advances or balances
84-14 to which certain rates of charges apply in this Title, except the
84-15 brackets in Articles 3A.401, 3A.402, and 3A.858 [Section (1),
84-16 Article 3.16; Section (2), Article 3.16; Article 3.21]; Section
84-17 (9)(e), Article 6.02; Section (12)(a), Article 6.02; and Article
84-18 15.02, are changed as of the effective date of this Act and shall
84-19 be, subject to Subsections (a) and (b), Section (2) of this
84-20 Article, changed from time to time in accordance with the changes
84-21 in the Consumer Price Index for Urban Wage Earners and Clerical
84-22 Workers: U.S. City Average, All Items, 1967=100, compiled by the
84-23 Bureau of Labor Statistics, United States Department of Labor, and
84-24 referred to in this Article as the Index. The Index for December
84-25 1967 is the Reference Base Index period for the purpose of
84-26 determining the adjustment to be made in the rate brackets and
84-27 ceilings.
85-1 SECTION 8. Article 6.01(q), Title 79, Revised Statutes
85-2 (Article 5069-6.01, Vernon's Texas Civil Statutes), is amended to
85-3 read as follows:
85-4 (q) "Credit card issuer" means a person who issues a
85-5 card, plate, or other identification device used to obtain goods or
85-6 services under a retail credit card arrangement. The term does not
85-7 include any person who honors the credit card but did not issue it,
85-8 nor any bank, savings and loan association, credit union, person
85-9 licensed to do business under the provisions of Chapter 3A [3 or 4]
85-10 of this Subtitle, nor any other person who is regularly and
85-11 principally engaged in the business of lending money to persons for
85-12 personal, family, and household purposes.
85-13 SECTION 9. Article 6.02(15), Title 79, Revised Statutes
85-14 (Article 5069-6.02, Vernon's Texas Civil Statutes), is amended to
85-15 read as follows:
85-16 (15) The dollar amount of the rate brackets prescribed by
85-17 Section (9)(a) of this Article are subject to adjustment from time
85-18 to time under Article 2.08 of this Title. As an alternative to the
85-19 rates and amounts of time price differential provided by Section
85-20 (9)(a) of this Article, the parties may agree to any rate or amount
85-21 of time price differential not exceeding a rate or amount
85-22 authorized by Chapter 1D [Article 1.04] of this Title.
85-23 SECTION 10. Article 6.03(5), Title 79, Revised Statutes
85-24 (Article 5069-6.03, Vernon's Texas Civil Statutes), is amended to
85-25 read as follows:
85-26 (5) The dollar amount of the rate brackets in this Article
85-27 is subject to adjustment from time to time under Article 2.08 of
86-1 this Title. As an alternative to the rates or amounts of time
86-2 price differential provided by Section (3) of this Article, the
86-3 parties may agree to any rate or amount of time price differential
86-4 not exceeding a rate or amount authorized by Chapter 1D [Article
86-5 1.04] of this Title or to the rate or amount of the market
86-6 competitive rate ceiling published by the Consumer Credit
86-7 Commissioner as provided in Section (6) of this Article. The
86-8 provisions of Chapter 1D [Article 1.04] of this Title applicable to
86-9 open-end accounts apply to this Article.
86-10 SECTION 11. Articles 6.03(6)(a) and (e), Title 79, Revised
86-11 Statutes (Article 5069-6.03, Vernon's Texas Civil Statutes), are
86-12 amended to read as follows:
86-13 (a) The Consumer Credit Commissioner shall cause to be
86-14 published in the Texas Register, in its first publication following
86-15 September 1 of each year, the market competitive rate ceiling.
86-16 This ceiling shall be effective on the following October 1 for a
86-17 period of one year. The ceiling shall be based on an annual
86-18 percentage rate, whether it is deemed to be interest, time price
86-19 differential, or other similar charge permitted by the laws of any
86-20 state, imposed on a person residing in Texas by a creditor in any
86-21 other state extending credit by the use of a retail charge
86-22 agreement or a credit card. The rate of time price differential
86-23 for the market competitive rate ceiling shall not exceed the
86-24 ceiling in Article 1D.009(d) [Section (c) of Article 1.11] of this
86-25 Title or be below the minimum ceiling in Article 1D.009(a) [Section
86-26 (b)(1) of Article 1.04] of this Title.
86-27 (e) A retail charge agreement of the parties providing
87-1 for a computation under this Article or Chapter 1D [Article 1.04]
87-2 of this Title may be amended pursuant to Article 1D.103 [Section
87-3 (i) of Article 1.04] of this Title to implement the market
87-4 competitive rate ceiling or change a rate or amount. Any holder
87-5 electing to implement the market competitive rate ceiling as to an
87-6 account existing on the effective date of this Act must allow the
87-7 obligor to pay the balance then existing at the rate previously
87-8 agreed to and at the minimum payment terms previously agreed to.
87-9 For this purpose, payments on an account may be applied by the
87-10 holder to the balance existing on the account on the effective date
87-11 of this Act prior to applying them to credit extended after the
87-12 effective date of this Act. The ceiling under this Section may be
87-13 implemented at any time and shall remain in effect until an
87-14 alternative ceiling is implemented. An alternative ceiling may be
87-15 implemented only at the end of a ceiling year as set out in
87-16 Subsection (a) of this Section.
87-17 SECTION 12. Article 6.05, Title 79, Revised Statutes
87-18 (Article 5069-6.05, Vernon's Texas Civil Statutes), is amended to
87-19 read as follows:
87-20 Art. 6.05. PROHIBITED PROVISIONS. No retail installment
87-21 contract or retail charge agreement shall:
87-22 (1) Provide that the holder may accelerate the
87-23 maturity of any part or all of the amount owing thereunder unless
87-24 (a) the buyer is in default in the performance of any of his
87-25 obligations, or (b) the holder in good faith believes that the
87-26 prospect of payment or performance is impaired;
87-27 (2) Contain a power of attorney to confess judgment,
88-1 or an assignment of wages;
88-2 (3) Authorize the seller or holder or other person
88-3 acting on his behalf to enter upon the buyer's premises unlawfully
88-4 or to commit any breach of the peace in the repossession of goods;
88-5 (4) Provide for a waiver of the buyer's rights of
88-6 action against the seller or holder or other person acting therefor
88-7 for any illegal act committed in the collection of payments under
88-8 the contract or agreement or in the repossession of goods;
88-9 (5) Contain any provision by which the buyer executes
88-10 a power of attorney appointing the seller or holder or other person
88-11 acting on his behalf, as the buyer's agent in the repossession of
88-12 goods;
88-13 (6) Provide that the buyer agrees not to assert
88-14 against the seller any claim or defense arising out of the sale;
88-15 (7) Provide for or grant a first lien upon real estate
88-16 to secure such obligation, except, (a) such lien as is created by
88-17 law upon the recording of an abstract of judgment or (b) such lien
88-18 as is provided for or granted by a contract or series of contracts
88-19 for the sale or construction and sale of a structure to be used as
88-20 a residence so long as the time price differential does not exceed
88-21 an annual percentage rate permitted under either this Chapter or
88-22 Chapter 1D [Article 1.04] of this Title.
88-23 SECTION 13. Article 6.12, Title 79, Revised Statutes
88-24 (Article 5069-6.12, Vernon's Texas Civil Statutes), is amended to
88-25 read as follows:
88-26 Art. 6.12. Rates for prepaid funeral benefits regulated by
88-27 Article 548b, Vernon's Texas Civil Statutes. Prepaid funeral
89-1 benefits regulated by Article 548b, Vernon's Texas Civil Statutes,
89-2 may be financed only at rates authorized by Chapter 1D [Article
89-3 1.04] of this title.
89-4 SECTION 14. Article 6.13, Title 79, Revised Statutes
89-5 (Article 5069-6.13, Vernon's Texas Civil Statutes), is amended to
89-6 read as follows:
89-7 Art. 6.13. Rates for medical and dental services. Medical
89-8 or dental services may be financed only at rates authorized by
89-9 Chapter 1D [Article 1.04] of this title.
89-10 SECTION 15. Article 6A.03(7), Title 79, Revised Statutes
89-11 (Article 5069-6A.03, Vernon's Texas Civil Statutes), is amended to
89-12 read as follows:
89-13 (7) As an alternative to the rates and amounts of time price
89-14 differential that may be charged under this section, the parties
89-15 may agree to any rate or amount of time price differential not
89-16 exceeding a rate or amount authorized by Chapter 1D [Article 1.04]
89-17 of this title.
89-18 SECTION 16. Article 6A.16(b)(1), Title 79, Revised Statutes
89-19 (Article 5069-6A.16, Vernon's Texas Civil Statutes), is amended to
89-20 read as follows:
89-21 (1) Each creditor governed by this chapter who is not
89-22 a credit union or an authorized lender under Chapter 3A [3] of this
89-23 title shall register with the Office of Consumer Credit
89-24 Commissioner. Each creditor shall pay an annual fee of $15 for
89-25 each location at which credit transactions subject to this chapter
89-26 are originated, serviced, or collected. The commissioner by rule
89-27 may establish procedures to facilitate the registration and
90-1 collection of fees, including rules staggering the due dates of the
90-2 fees throughout the year. If a creditor fails to renew the
90-3 creditor's registration, the commissioner shall, not later than 30
90-4 days after the expiration of the registration, notify the creditor
90-5 of the expiration, and of the procedures applicable to renewal. A
90-6 registration renewal is timely if filed with the commissioner,
90-7 together with the annual registration fee, not later than 30 days
90-8 after receipt of notice of expiration. A creditor who fails to
90-9 renew timely as required by this section is subject to the
90-10 penalties set forth in Section (2) of this Article.
90-11 SECTION 17. Article 7.03(7), Title 79, Revised Statutes
90-12 (Article 5069-7.03, Vernon's Texas Civil Statutes), is amended to
90-13 read as follows:
90-14 (7) As an alternative to the time price differential
90-15 authorized by Section (1) of this Article, the parties may agree to
90-16 any rate or amount of time price differential not exceeding a rate
90-17 or amount authorized by Chapter 1D [Article 1.04] of this Title.
90-18 SECTION 18. Article 7.11(1), Title 79, Revised Statutes
90-19 (Article 5069-7.11, Vernon's Texas Civil Statutes), is amended to
90-20 read as follows:
90-21 (1) Each holder governed by this chapter who is not a credit
90-22 union or an authorized lender under Chapter 3A [3] of this title
90-23 shall register with the Office of Consumer Credit Commissioner.
90-24 Each holder shall pay an annual fee of $25 for each location at
90-25 which credit transactions subject to this chapter are originated,
90-26 serviced, or collected. The commissioner by rule may establish
90-27 procedures to facilitate the registration and collection of fees,
91-1 including rules staggering the due dates of the fees throughout the
91-2 year. If a holder or seller fails to renew the holder's or
91-3 seller's registration, the commissioner shall, not later than 30
91-4 days after the expiration of the registration, notify the holder or
91-5 seller of the expiration, and of the procedures applicable to
91-6 renewal. A registration renewal is timely if filed with the
91-7 commissioner, together with the annual registration fee, not later
91-8 than 30 days after receipt of notice of expiration. A holder or
91-9 seller who fails to renew timely as required by this section is
91-10 subject to the penalties set forth in Section (2) of this Article.
91-11 SECTION 19. Article 8.01(i), Title 79, Revised Statutes
91-12 (Article 5069-8.01, Vernon's Texas Civil Statutes), is amended to
91-13 read as follows:
91-14 (i) Any person who has or obtains a registration or license
91-15 required by this Title, which registration or license was obtained
91-16 at any time after the date on which the registration or license was
91-17 required, may pay to the Consumer Credit Commissioner all
91-18 registration or license fees that should have been paid pursuant to
91-19 this Title for any and all prior years, plus a late filing fee
91-20 pursuant to this section. In the case of a person who has or
91-21 obtains a registration, the late filing fee shall be $250 except
91-22 that, if the person renews a registration within 30 days after the
91-23 due date, there shall be no penalty. If a person pays the required
91-24 registration fees for the prior periods and the late filing fee,
91-25 the person shall be deemed for all purposes to have had the
91-26 required registration for the periods for which the registration
91-27 fees have been paid. In the case of a person who has or obtains a
92-1 license, the late filing fee shall be $10,000 except that if the
92-2 person previously had a license and the prior license was in good
92-3 standing at the time of its expiration, and the person renews such
92-4 license within 180 days of its expiration, the late filing fee
92-5 shall be $1,000. If a person renews an expired license by payment
92-6 of the license and late filing fees, the person shall be deemed for
92-7 all purposes to have held the required license as if it had not
92-8 expired. If a person has or obtains a license and pays the
92-9 required license fees for prior periods and the late filing fee,
92-10 the person shall be deemed for all purposes to have had the
92-11 required license for such periods but only as to loans as to which
92-12 the person has not contracted for, charged, or received interest in
92-13 excess of that which would be allowed under Chapter 1D [Article
92-14 1.04(a) as modified by Article 1.04(b)] of this Title. A person
92-15 who is deemed to have had a registration or license pursuant to
92-16 this section shall not be subject to any liability, forfeiture, or
92-17 penalty under this Title or other law, other than as set forth in
92-18 this section, resulting from or relating to the fact that the
92-19 person did not have the registration or license at or during the
92-20 earlier periods for which the required registration or license fees
92-21 and late filing fee, as provided in this section, have since been
92-22 paid. The acquisition of the registration or license and payment
92-23 of the filing fees and late filing fee by a person shall also inure
92-24 to the benefit of that person's employees, agents, employers,
92-25 representatives, predecessors, successors, and assigns but not to
92-26 the benefit of any other person who should have been licensed under
92-27 this Title.
93-1 SECTION 20. Article 8.03, Title 79, Revised Statutes
93-2 (Article 5069-8.03, Vernon's Texas Civil Statutes), is amended to
93-3 read as follows:
93-4 Art. 8.03. In addition to the foregoing penalties, if
93-5 applicable, any person engaging in any business under the scope of
93-6 Chapter 3A [Chapter 3, 4, 5,] or 15 of this Title without first
93-7 securing a license provided, or without the authorization
93-8 prescribed, in such Chapter shall be guilty of a misdemeanor and
93-9 upon conviction thereof shall be punishable by a fine of not more
93-10 than One Thousand Dollars, and each such loan made without the
93-11 authority granted by such license shall constitute a separate
93-12 offense punishable hereunder; and in addition such person shall
93-13 forfeit all principal and charges contracted for or collected on
93-14 each such loan, and shall pay reasonable attorneys' fees incurred
93-15 by the obligor.
93-16 SECTION 21. Article 15.01(i), Title 79, Revised Statutes
93-17 (Article 5069-15.01, Vernon's Texas Civil Statutes), is amended to
93-18 read as follows:
93-19 (i) "Licensee" means the holder of a license issued
93-20 pursuant to Chapter 3A [3 of Subtitle 2] of this Title 79.
93-21 SECTION 22. Articles 15.02(d) and (e), Title 79, Revised
93-22 Statutes (Article 5069-15.02, Vernon's Texas Civil Statutes), are
93-23 amended to read as follows:
93-24 (d) Notwithstanding Chapter 1D [Article 1.04] of this Title
93-25 or any other provision of law, on any open-end account authorized
93-26 under Article 3A.805 [3.15(4), 4.01(4)], 15.01(k), or 15.01(l) of
93-27 this Title, pursuant to which credit card transactions [as defined
94-1 in Article 1.01(g) of this Title] may be made or in connection with
94-2 which account a merchant discount [as defined in Article 1.01(h) of
94-3 this Title] is imposed or received by the creditor, the rate of
94-4 interest from time to time in effect on such account is subject to
94-5 and may not exceed the quarterly ceiling from time to time in
94-6 effect as computed pursuant to Chapter 1D [Article 1.04] of this
94-7 Title and as further limited by this section, and the ceiling on
94-8 such account is subject to quarterly adjustment, which adjustment
94-9 shall be made at the option of the creditor either on the quarterly
94-10 calendar dates set out in Article 1D.008 [1.04(d)] of this Title or
94-11 on the first day of the first billing cycle of an account
94-12 immediately following said quarterly calendar dates. If a
94-13 computation of the quarterly ceiling under Chapter 1D [Article
94-14 1.04(a)(2)] of this Title is more than 22 percent per annum, the
94-15 ceiling under this provision shall be 22 percent per annum. If the
94-16 computation of the quarterly ceiling under Chapter 1D [Article
94-17 1.04(a)(2)] of this Title is less than 14 percent per annum, the
94-18 ceiling under this provision shall be 14 percent per annum.
94-19 Notwithstanding any other provision of this Title, a creditor
94-20 charging a rate limited by this section shall not be required to
94-21 disclose any decreases which may from time to time occur in the
94-22 rate on its account.
94-23 (e) Except as provided in Section (d) of this Article, as an
94-24 alternative to the rates authorized by Section (a) of this Article,
94-25 the parties may agree to any rate not exceeding a rate authorized
94-26 by Chapter 1D [Article 1.04] of this Title.
94-27 SECTION 23. Article 15.07, Title 79, Revised Statutes
95-1 (Article 5069-15.07, Vernon's Texas Civil Statutes), is amended to
95-2 read as follows:
95-3 Art. 15.07. COLLATERAL AND INSURANCE. Creditors may require
95-4 and take in connection with an account only such insurance and
95-5 collateral as are allowed under Chapter 3A [4 of Subtitle 2] of
95-6 this Title 79.
95-7 SECTION 24. Article 24.03(g), Insurance Code, is amended to
95-8 read as follows:
95-9 (g) Any person holding a license under Chapter 3A [3], Title
95-10 79, Revised [Civil] Statutes [of Texas, 1925, as amended (Article
95-11 5069-3.01 et seq., Vernon's Texas Civil Statutes)], on the
95-12 effective date of this chapter is required only to pay the license
95-13 fee required under this article and is not required to pay the
95-14 investigation fee required by Section (a) of this article.
95-15 SECTION 25. Article 24.11(h), Insurance Code, is amended to
95-16 read as follows:
95-17 (h) Those additions may be accomplished by a memorandum of
95-18 agreement between the agent and the insured, if before the first
95-19 scheduled payment date of the amended transaction the premium
95-20 finance company gives to the insured the following information in
95-21 writing:
95-22 (1) the amount of the premium increase;
95-23 (2) the down payment on increase;
95-24 (3) the principal amount of increase;
95-25 (4) the total amount of finance charge on increase;
95-26 (5) the total of additional balance due;
95-27 (6) the outstanding balance of original agreement;
96-1 (7) the consolidated agreement balance;
96-2 (8) the annual percentage rate of finance charge on
96-3 additional balance due;
96-4 (9) the revised schedule of payments;
96-5 (10) the amount or method of computing the amount of
96-6 any default, deferment, or similar charges authorized in Chapter 3A
96-7 [3], Title 79, Revised [Civil] Statutes [of Texas, 1925, as amended
96-8 (Article 5069-3.01 et seq., Vernon's Texas Civil Statutes)],
96-9 payable in the event of late payments; and
96-10 (11) identification of the method of computing any
96-11 unearned portion of the finance charge in the event of prepayment
96-12 of the obligation.
96-13 SECTION 26. Article 24.15, Insurance Code, is amended to
96-14 read as follows:
96-15 Art. 24.15. SERVICES CHARGES; LIMITATION OF CHARGES;
96-16 COMPUTATION. A premium finance company may not take or receive
96-17 from an insured a greater rate or charge than is provided by
96-18 Chapter 3A [Chapters 3 and 4], Title 79, Revised [Civil] Statutes
96-19 [of Texas, 1925, as amended (Article 5069-3.01 et seq. and Article
96-20 5069-4.01 et seq., Vernon's Texas Civil Statutes)]. Those charges
96-21 begin on the date from which the insurance company requires payment
96-22 of the premium and payment was made to the insurance company for
96-23 the financed policy or on the effective date of the policy,
96-24 whichever is earlier. The finance charge shall be computed on the
96-25 balance of the premiums due after subtracting the down payment made
96-26 by the insured in accordance with the premium finance agreement.
96-27 On insurance premium finance agreements made under this chapter, no
97-1 insurance charges or any other charge or fee, except those
97-2 authorized by this chapter, are permitted.
97-3 SECTION 27. Article 24.16, Insurance Code, is amended to
97-4 read as follows:
97-5 Art. 24.16. PREPAYMENT; REFUND. Notwithstanding the
97-6 provisions of any premium finance agreement to the contrary, any
97-7 insured may pay it in full at any time before the maturity of the
97-8 final installment of the balance of the agreement, and if the
97-9 insured does so and the agreement included an amount for a charge,
97-10 the insured shall receive for the prepayment either by cash or by
97-11 renewal a refund credit in accordance with the provisions for
97-12 refunds contained in Subchapter H, Chapter 3A [Section (6), Article
97-13 3.15], Title 79, Revised [Civil] Statutes [of Texas, 1925, as
97-14 amended (Article 5069-3.15, Vernon's Texas Civil Statutes)], and
97-15 the regulations issued under that article. Where the amount of the
97-16 credit for anticipation of payments is less than $1, no refund need
97-17 be made.
97-18 SECTION 28. Article 24.17(a), Insurance Code, is amended to
97-19 read as follows:
97-20 (a) A premium finance agreement may provide for the payment
97-21 of a default charge by the insured as provided in Article 3A.303
97-22 [Section (5), Article 3.15], Title 79, Revised [Civil] Statutes [of
97-23 Texas, 1925, as amended (Article 5069-3.15, Vernon's Texas Civil
97-24 Statutes)], the Insurance Code, and the regulations issued under
97-25 those statutes.
97-26 SECTION 29. Article 24.20, Insurance Code, is amended to
97-27 read as follows:
98-1 Art. 24.20. AUTHORITY OF LICENSED LOCAL RECORDING AGENTS TO
98-2 CHARGE INTEREST TO CERTAIN PURCHASERS OF INSURANCE.
98-3 Notwithstanding any other provision of law, any person,
98-4 partnership, or corporation duly licensed as a local recording
98-5 agent under Article 21.14, Insurance Code, as amended, may enter
98-6 into or establish a written agreement with any purchaser of
98-7 insurance from the agent providing for the payment of interest to
98-8 the agent in an amount not to exceed the greater of a rate allowed
98-9 by Chapter 1D [Article 1.04], Title 79, Revised Statutes [(Article
98-10 5069-1.04, Vernon's Texas Civil Statutes)], or the rate of one
98-11 percent a month, on any amount due and owing to the agent for
98-12 insurance purchased by the purchaser. In those instances the claim
98-13 or defense of usury is prohibited.
98-14 SECTION 30. Section 26.02(a)(2), Business & Commerce Code,
98-15 is amended to read as follows:
98-16 (2) "Loan agreement" means one or more promises,
98-17 promissory notes, agreements, undertakings, security agreements,
98-18 deeds of trust or other documents, or commitments, or any
98-19 combination of those actions or documents, pursuant to which a
98-20 financial institution loans or delays repayment of or agrees to
98-21 loan or delay repayment of money, goods, or another thing of value
98-22 or to otherwise extend credit or make a financial accommodation.
98-23 The term does not include a promise, promissory note, agreement,
98-24 undertaking, document, or commitment relating to:
98-25 (A) a credit card or charge card; or
98-26 (B) an open-end account, as that term is defined
98-27 by Article 1B.002 [1.01], Title 79, Revised Statutes [(Article
99-1 5069-1.01, Vernon's Texas Civil Statutes)], intended or used
99-2 primarily for personal, family, or household use.
99-3 SECTION 31. Section 242.098(b), Health and Safety Code, is
99-4 amended to read as follows:
99-5 (b) Interest on unreimbursed amounts begins to accrue on the
99-6 date on which the funds were disbursed to the home. The rate of
99-7 interest is the rate determined under Article 1E.003, [Section 2,
99-8 Article 1.05,] Title 79, Revised Statutes [(Article 5069-1.05,
99-9 Vernon's Texas Civil Statutes)], to be applicable to judgments
99-10 rendered during the month in which the money was disbursed to the
99-11 home.
99-12 SECTION 32. Section 143.1215(c), Local Government Code, is
99-13 amended to read as follows:
99-14 (c) Interest under Subsection (b) accrues beginning on the
99-15 date of the fire fighter's or police officer's reinstatement at a
99-16 rate equal to three percent plus the rate for court judgments under
99-17 Chapter 1E [Article 1.05], Title 79, Revised Statutes [(Article
99-18 5069-1.05, Vernon's Texas Civil Statutes)], that is in effect on
99-19 the date of the person's reinstatement.
99-20 SECTION 33. Section 395.025(d), Local Government Code, is
99-21 amended to read as follows:
99-22 (d) Any refund shall bear interest calculated from the date
99-23 of collection to the date of refund at the statutory rate as set
99-24 forth in Article 1C.002 [1.03], Title 79, Revised Statutes
99-25 [(Article 5069-1.03, Vernon's Texas Civil Statutes)], or its
99-26 successor statute.
99-27 SECTION 34. Section 32.35(a)(5), Penal Code, is amended to
100-1 read as follows:
100-2 (5) "Creditor" means a person licensed under Chapter
100-3 3A [3], Subtitle 2, Title 79, Revised Statutes [(Article 5069-3.01
100-4 et seq., Vernon's Texas Civil Statutes)], a bank, savings and loan
100-5 association, credit union, or other regulated financial institution
100-6 that lends money or otherwise extends credit to a cardholder
100-7 through a credit card and that authorizes other persons to honor
100-8 the credit card.
100-9 SECTION 35. Section 32.065(d), Tax Code, is amended to read
100-10 as follows:
100-11 (d) Chapters 3A [5] and 15 and Article 1C.102 [and Sections
100-12 1.07(d)(1) and (f)], Title 79, Revised Statutes [(Article 5069-1.01
100-13 et seq., Vernon's Texas Civil Statutes)], do not apply to a
100-14 transaction covered by this section. The transferee of a tax lien
100-15 under this section is not required to obtain a license under Title
100-16 79, Revised Statutes (Article 5069-1.01 et seq., Vernon's Texas
100-17 Civil Statutes).
100-18 SECTION 36. Section 35-1, The Securities Act (Article
100-19 581-35-1, Vernon's Texas Civil Statutes), is amended to read as
100-20 follows:
100-21 Sec. 35-1. FEES FOR SALES OF EXCESS SECURITIES. A. An
100-22 offeror who sells securities in this State in excess of the
100-23 aggregate amount of securities registered for the offering may
100-24 apply to register the excess securities by paying three times the
100-25 difference between the initial fee paid and the fee required under
100-26 Subsection E of Section 35, plus, if the registration is no longer
100-27 in effect, interest on that amount computed at the rate provided by
101-1 Article 1C.002 [1.03], Title 79, Revised Statutes [(Article
101-2 5069-1.03, Vernon's Texas Civil Statutes)], from the date the
101-3 registration was no longer in effect until the date the subsequent
101-4 application is filed, for the securities sold to persons within
101-5 this State, plus the amendment fee prescribed by Subsection D of
101-6 Section 35. Registration of the excess securities, if granted,
101-7 shall be effective retroactively to the effective date of the
101-8 initial registration for the offering.
101-9 B. An offeror who has filed a notice to claim a limited
101-10 offering exemption, who paid less than the maximum fee prescribed
101-11 in Subsection J of Section 35, and who offered a greater amount of
101-12 securities in the offering than authorized pursuant to the formula
101-13 prescribed in Subsection J of Section 35, may file an amended
101-14 notice disclosing the amount of securities offered and paying three
101-15 times the difference between the fee initially paid and the fee
101-16 which should have been paid, plus interest on that amount computed
101-17 at the rate provided by Article 1C.002 [1.03], Title 79, Revised
101-18 Statutes [(Article 5069-1.03, Vernon's Texas Civil Statutes)], from
101-19 the date the original notice was received by the Commissioner until
101-20 the date the amended notice is received by the Commissioner. The
101-21 amended notice shall be retroactive to the date of the initial
101-22 filing.
101-23 SECTION 37. Section 35-2, The Securities Act (Article
101-24 581-35-2, Vernon's Texas Civil Statutes), is amended to read as
101-25 follows:
101-26 Sec. 35-2. FEES FOR SALES OF UNREGISTERED SECURITIES. If,
101-27 after notice and hearing, the commissioner or any court of
102-1 competent jurisdiction finds that an offeror has sold securities in
102-2 this State pursuant to an offering no part of which has been
102-3 registered under Section 7 or 10 of this Act and for which the
102-4 transactions or securities are not exempt under Section 5 or 6 of
102-5 this Act, the commissioner or said court may impose a fee equal to
102-6 six times the amount that would have been paid if the issuer had
102-7 filed an application to register the securities and paid the fee
102-8 prescribed by Subsection E of Section 35 based on the aggregate
102-9 amount of sales made in this State within the prior three years,
102-10 plus interest on that amount at the rate provided by Article 1C.002
102-11 [1.03], Title 79, Revised Statutes [(Article 5069-1.03, Vernon's
102-12 Texas Civil Statutes)], from the date of the first such sale made
102-13 in this State until the date the fee is paid. The payment of the
102-14 fee prescribed by this Section does not effect registration of the
102-15 securities or affect the application of any other Section of this
102-16 Act. The payment of the fee prescribed by this Section is not an
102-17 admission that the transactions or securities were not exempt and
102-18 is not admissible as evidence in a suit or proceeding for failure
102-19 to register the securities.
102-20 SECTION 38. Article 2.09A, Texas Miscellaneous Corporation
102-21 Laws Act (Article 1302-2.09A, Vernon's Texas Civil Statutes), is
102-22 amended to read as follows:
102-23 Art. 2.09A. ALTERNATIVE RATE. Notwithstanding the
102-24 provisions of Article 2.09 of this Act, any corporation, domestic
102-25 or foreign, including but not limited to any charitable or
102-26 religious corporation, may agree to and stipulate for any rate of
102-27 interest that does not exceed a rate authorized by Chapter 1D
103-1 [Article 1.04], Title 79, Revised [Civil] Statutes [of Texas, 1925,
103-2 as amended (Article 5069-1.04, Vernon's Texas Civil Statutes)].
103-3 SECTION 39. Section 7.01, Texas Credit Union Act (Article
103-4 2461-7.01, Vernon's Texas Civil Statutes), is amended to read as
103-5 follows:
103-6 Sec. 7.01. PURPOSE, TERMS, AND INTEREST RATE. If made in
103-7 accordance with rules adopted by the commission, a credit union may
103-8 make loans to members for such purposes as it may approve and on
103-9 such security and terms as it may require, at rates of interest not
103-10 exceeding one and one-half percent per month on the unpaid balance,
103-11 or higher rates otherwise authorized by law, including the rates
103-12 authorized by Chapter 1D [Article 1.04], Title 79, Revised Statutes
103-13 [(Article 5069-1.04, Vernon's Texas Civil Statutes)]. Chapter 15
103-14 and Subtitle 2, Title 79, Revised Statutes [(Article 5069-2.01 et
103-15 seq., Vernon's Texas Civil Statutes)], do not apply to a credit
103-16 union loan or extension of credit unless the agreement evidencing
103-17 that transaction specifically provides otherwise. Every loan must
103-18 be evidenced by a written instrument.
103-19 SECTION 40. Section 16.01, Medical Liability and Insurance
103-20 Improvement Act of Texas (Article 4590i, Vernon's Texas Civil
103-21 Statutes), is amended to read as follows:
103-22 Sec. 16.01. APPLICATION OF OTHER LAW. Notwithstanding
103-23 Articles 1E.101, 1E.102, and 1E.104-1E.108 [Sections 6(a)-(f),
103-24 Article 1.05], Title 79, Revised Statutes [(Article 5069-1.05,
103-25 Vernon's Texas Civil Statutes)], prejudgment interest in a health
103-26 care liability claim shall be awarded in accordance with this
103-27 subchapter.
104-1 SECTION 41. Section 16.02(c), Medical Liability and
104-2 Insurance Improvement Act of Texas (Article 4590i, Vernon's Texas
104-3 Civil Statutes), is amended to read as follows:
104-4 (c) Prejudgment interest allowed under this subchapter shall
104-5 be computed in accordance with Article 1E.103 [Section 6(g),
104-6 Article 1.05], Title 79, Revised Statutes [(Article 5069-1.05,
104-7 Vernon's Texas Civil Statutes)], for a period beginning on the date
104-8 of injury and ending on the date before the date the judgment is
104-9 signed.
104-10 SECTION 42. Section 1.04(c), Texas Revised Partnership Act
104-11 (Article 6132b-1.04, Vernon's Texas Civil Statutes), is amended to
104-12 read as follows:
104-13 (c) Interest Rate. If an obligation to pay interest arises
104-14 under this Act and the rate is not specified, the rate is the rate
104-15 specified by Article 1C.002 [1.03], Title 79, Revised Statutes
104-16 [(Article 5069-1.03, Vernon's Texas Civil Statutes), and its
104-17 subsequent amendments], or a successor statute.
104-18 SECTION 43. Section 1(a), Chapter 617, Acts of the 68th
104-19 Legislature, Regular Session, 1983 (Article 9022, Vernon's Texas
104-20 Civil Statutes), is amended to read as follows:
104-21 (a) The holder of a check or its assignee, agent,
104-22 representative, or any other person retained by the holder to seek
104-23 collection of the face value of the dishonored check on return of
104-24 the check to the holder following its dishonor by a payor may
104-25 charge the drawer or endorser a reasonable processing fee, which
104-26 shall not exceed $25. A person may not charge a processing fee to a
104-27 drawer or endorser under this subsection if the fee has been
105-1 collected under Article 102.007(e) or Article 102.0071, Code of
105-2 Criminal Procedure. If a processing fee has been collected under
105-3 this subsection and the holder subsequently receives a fee
105-4 collected under Article 102.007(e) or Article 102.0071, Code of
105-5 Criminal Procedure, the holder shall immediately refund the fee
105-6 previously collected from the drawer or endorser. Notwithstanding
105-7 any other provisions of law, a loan agreement made under Chapter 3A
105-8 [3 or 4], Title 79, Revised Statutes [(Article 5069-1.01 et seq.,
105-9 Vernon's Texas Civil Statutes)], may provide that on return of a
105-10 dishonored check given in payment under the agreement, the holder
105-11 may charge the obligor under the agreement the processing fee
105-12 authorized by this Act, and the fee may be added to the unpaid
105-13 balance owed under the agreement, except that interest may not be
105-14 charged on the fee during the term of the agreement.
105-15 SECTION 44. Chapters 1, 1A, 3, 4, and 5, Title 79, Revised
105-16 Statutes, are repealed.
105-17 SECTION 45. (a) The change in law made by this Act applies
105-18 only to an act committed or a transaction that occurs on or after
105-19 the effective date of this Act.
105-20 (b) An act committed or a transaction that occurs before the
105-21 effective date of this Act is covered by the law in effect when the
105-22 act was committed or the transaction occurred, and the former law
105-23 is continued in effect for that purpose.
105-24 SECTION 46. (a) If this Act conflicts with another Act of
105-25 the 75th Legislature, Regular Session, 1997:
105-26 (1) the change in law made in the other Act prevails
105-27 and the substance of the change is given effect as part of this Act
106-1 unless:
106-2 (A) this Act or the conflicting Act expressly
106-3 provides otherwise; or
106-4 (B) it is not possible to give the conflicting
106-5 law effect within the context of this Act, in which event this Act
106-6 prevails; and
106-7 (2) the text of a law that is reenacted in the other
106-8 Act only because of the constitutional requirement that the amended
106-9 law be reenacted at length is superseded by this Act.
106-10 (b) If this Act and another Act of the 75th Legislature,
106-11 Regular Session, 1997, make the same substantive change from the
106-12 current law, but differ in text, this Act prevails regardless of
106-13 the relative dates of enactment.
106-14 SECTION 47. This Act takes effect September 1, 1997.
106-15 SECTION 48. The importance of this legislation and the
106-16 crowded condition of the calendars in both houses create an
106-17 emergency and an imperative public necessity that the
106-18 constitutional rule requiring bills to be read on three several
106-19 days in each house be suspended, and this rule is hereby suspended.