1-1     By:  Marchant (Senate Sponsor - Cain)                 H.B. No. 1971

 1-2           (In the Senate - Received from the House May 1, 1997;

 1-3     May 2, 1997, read first time and referred to Committee on Economic

 1-4     Development; May 8, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 6, Nays 0;

 1-6     May 8, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1971                    By:  Cain

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to usury and the regulation of lenders.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Subtitle 1, Title 79, Revised Statutes, is

1-13     amended by adding Chapters 1B-1H to read as follows:

1-14                       CHAPTER 1B.  GENERAL PROVISIONS

1-15           Art. 1B.001.  SHORT TITLE.  This title may be cited as the

1-16     Texas Credit Title.

1-17           Art. 1B.002.  DEFINITIONS.  (a)  In this subtitle:

1-18                 (1)  "Contract interest" means interest that an obligor

1-19     has paid or agreed to pay to a creditor under a written contract of

1-20     the parties.  The term "contract interest" does not include

1-21     judgment interest.

1-22                 (2)  "Credit card transaction" means a transaction for

1-23     personal, family, or household use in which a credit card, plate,

1-24     coupon book, or credit card cash advance check may be used or is

1-25     used to debit an open-end account in connection with:

1-26                       (A)  a purchase or lease of goods or services; or

1-27                       (B)  a loan of money.

1-28                 (3)  "Creditor" means a person who loans money or

1-29     otherwise extends credit.  The term "creditor" does not include a

1-30     judgment creditor.

1-31                 (4)  "Interest" means compensation for the use,

1-32     forbearance, or detention of money.  The term "interest" does not

1-33     include time price differential, regardless of how it is

1-34     denominated.

1-35                 (5)  "Judgment creditor" means a person to whom a money

1-36     judgment is payable.

1-37                 (6)  "Judgment debtor" means a person obligated to pay

1-38     a money judgment.

1-39                 (7)  "Judgment interest" means interest on a money

1-40     judgment, whether the interest accrues before, on, or after the

1-41     date the judgment is rendered.

1-42                 (8)  "Legal interest" means interest charged or

1-43     received in the absence of any agreement by an obligor to pay

1-44     contract interest.  The term "legal interest" does not include

1-45     judgment interest.

1-46                 (9)  "Lender credit card agreement":

1-47                       (A)  means an agreement between a creditor and an

1-48     obligor that provides:

1-49                             (i)  the obligor, by means of a credit card

1-50     transaction for personal, family, or household use, may:

1-51                                            (a)  obtain loans from the

1-52     creditor directly or through other participating persons; and

1-53                                            (b)  lease or purchase goods

1-54     or services from more than one participating lessor or seller who

1-55     honors the creditor's credit card;

1-56                             (ii)  the creditor or another person acting

1-57     in cooperation with the creditor is to reimburse the participating

1-58     persons, lessors, or sellers  for the loans or the goods or

1-59     services purchased or leased;

1-60                             (iii)  the obligor is to pay the creditor

1-61     the amount of the loan or cost of the lease or purchase;

1-62                             (iv)  the unpaid balance of the loan,

1-63     lease, or purchase and interest on that unpaid balance are debited

1-64     to the obligor's account under the agreement;

 2-1                             (v)  interest may be computed on the

 2-2     balances of the obligor's account but is not precomputed; and

 2-3                             (vi)  the obligor and the creditor may

 2-4     agree that payment of part of the balance may be deferred;

 2-5                       (B)  includes an agreement under Article 3A.805,

 2-6     15.01(k), or 15.01(l) for an open-end account under which credit

 2-7     card transactions may be made or a merchant discount may be taken;

 2-8     and

 2-9                       (C)  does not include:

2-10                             (i)  an agreement, including an open-end

2-11     account credit agreement, between a seller and a buyer or between a

2-12     lessor and a lessee; or

2-13                             (ii)  an agreement under which:

2-14                                            (a)  the entire balance is

2-15     due in full each month; and

2-16                                            (b)  no interest is charged

2-17     if the obligor pays the entire balance each month.

2-18                 (10)  "Loan" means an advance of money that is made to

2-19     or on behalf of an obligor, the principal amount of which the

2-20     obligor has an obligation to pay the creditor.  The term "loan"

2-21     does not include a judgment.

2-22                 (11)  "Merchant discount" means the consideration,

2-23     including a fee, charge, discount, or compensating balance, that a

2-24     creditor requires, or that a creditor, subsidiary, or parent

2-25     company of the creditor, or subsidiary of the creditor's parent

2-26     company, receives directly or indirectly from a person other than

2-27     the obligor in connection with a credit card transaction under a

2-28     lender credit card agreement between the obligor and the creditor.

2-29     The term "merchant discount" does not include consideration

2-30     received by a creditor from the obligor in connection with the

2-31     credit card transaction.

2-32                 (12)  "Money judgment" means a judgment for money

2-33     entered by a court of competent jurisdiction.  For purposes of this

2-34     subtitle, the term "money judgment" includes legal interest or

2-35     contract interest, if any, that is payable to a judgment creditor

2-36     under a judgment.

2-37                 (13)  "Obligor" means a person to whom money is loaned

2-38     or credit is otherwise extended.  The term "obligor" does not

2-39     include:

2-40                       (A)  a judgment debtor; or

2-41                       (B)  a surety, guarantor, or similar person.

2-42                 (14)  "Open-end account":

2-43                       (A)  means an account under a written contract

2-44     between a creditor and an obligor that:

2-45                             (i)  the creditor reasonably contemplates

2-46     repeated transactions and the obligor is authorized to make

2-47     purchases or borrow money;

2-48                             (ii)  interest or time price differential

2-49     may be charged from time to time on an outstanding unpaid balance;

2-50     and

2-51                             (iii)  the amount of credit that may be

2-52     extended during the term of the account is generally made available

2-53     to the extent that any outstanding balance is repaid; and

2-54                       (B)  includes an account under an agreement

2-55     described by Article 3A.805 or Chapter 6 or 15.

2-56                 (15)  "Person" means an individual, partnership,

2-57     corporation, joint venture, trust, association, limited liability

2-58     company, or any legal entity however organized.

2-59                 (16)  "Prepayment penalty" means consideration agreed

2-60     on and contracted for a discharge and release of a loan before its

2-61     maturity or its regularly scheduled date or dates of payment, as a

2-62     result of an election by the obligor to pay all of the principal

2-63     amount before its stated maturity or its regularly scheduled date

2-64     or dates of payment.

2-65                 (17)  "Time price differential" means an amount,

2-66     however denominated or expressed, that is:

2-67                       (A)  added to the price at which a seller offers

2-68     to sell services or real or personal property to a purchaser for

2-69     cash payable at the time of sale; and

 3-1                       (B)  paid or payable to the seller by the

 3-2     purchaser for the privilege of paying the offered sales price after

 3-3     the time of sale.

 3-4                 (18)  "Usury" or "usurious interest" means interest

 3-5     that exceeds the applicable maximum amount allowed by law.

 3-6           (b)  These definitions shall be liberally construed to

 3-7     accomplish the purposes of this subtitle.

 3-8           (c)  The finance commission by rule may adopt other

 3-9     definitions to accomplish the purposes of this subtitle.

3-10                         CHAPTER 1C.  INTEREST RATES

3-11                            SUBCHAPTER A.  USURY

3-12           Art. 1C.001.  USURIOUS RATE OF INTEREST.  (a)  A creditor may

3-13     contract for, charge, and receive from an obligor interest or time

3-14     price differential.

3-15           (b)  The maximum rate or amount of interest is 10 percent a

3-16     year except as otherwise provided by law.  A greater rate of

3-17     interest than 10 percent a year unless otherwise provided by law is

3-18     usurious.  All contracts for usury are contrary to public policy

3-19     and subject to the appropriate penalty prescribed by Chapter 1F.

3-20           (c)  To determine the interest rate of a loan under this

3-21     subtitle, all interest at any time contracted for shall be

3-22     aggregated and amortized using the actuarial method during the

3-23     stated term of the loan.

3-24           Art. 1C.002.  ACCRUAL OF INTEREST WHEN NO RATE SPECIFIED.  If

3-25     a creditor has not agreed with an obligor to charge the obligor any

3-26     interest, the creditor may charge and receive from the obligor

3-27     legal interest at the rate of six percent a year on the principal

3-28     amount of the credit extended by the creditor to the obligor

3-29     beginning on the 30th day after the date on which the amount is

3-30     due.  If an obligor has agreed to pay to a creditor any

3-31     compensation that constitutes interest, the obligor is considered

3-32     to have agreed on the rate produced by the amount of that interest,

3-33     regardless of whether that rate is stated in the agreement.

3-34                  SUBCHAPTER B.  OTHER RATES AND PROVISIONS

3-35                      ON LOANS SECURED BY REAL PROPERTY

3-36           Art. 1C.101.  DETERMINING RATES OF INTEREST BY SPREADING.

3-37     (a)  To determine whether a loan secured in any part by an interest

3-38     in real property, including a lien, mortgage, or security interest,

3-39     is usurious, the interest rate is computed by amortizing or

3-40     spreading, using the actuarial method during the stated term of the

3-41     loan, all interest at any time contracted for, charged, or received

3-42     in connection with the loan.

3-43           (b)  If a loan described in Subsection (a) is paid in full

3-44     before the end of the stated term of the loan and the amount of

3-45     interest received for the period that the loan exists exceeds the

3-46     amount that produces the maximum rate authorized by law for that

3-47     period, the lender shall:

3-48                 (1)  refund the amount of the excess to the borrower;

3-49     or

3-50                 (2)  credit the amount of the excess against amounts

3-51     owing under the loan.

3-52           (c)  A lender who complies with Subsection (b) is not subject

3-53     to any of the penalties provided by law for contracting for,

3-54     charging, or receiving  interest in excess of the maximum rate

3-55     authorized.

3-56           Art. 1C.102.  PROHIBITION ON PREPAYMENT CHARGE OR PENALTY.

3-57     If a loan for property that is to be the residential homestead of

3-58     the borrower is made at an interest rate that is greater than a

3-59     rate of 12 percent a year, a prepayment charge or penalty may not

3-60     be collected on the loan unless the charge or penalty is required

3-61     by an agency created by federal law.

3-62           Art. 1C.103.  EFFECT OF FEDERAL PREEMPTION ON LATE CHARGES.

3-63     On loans subject to 12 U.S.C. Sections 1735f-7 and 1735f-7a, as

3-64     amended, late charges, if assessed, are interest that is included

3-65     in computing the amount or rate of interest on the loan and,

3-66     therefore, covered by the federal preemption of state interest rate

3-67     limitations.

3-68                     CHAPTER 1D.  OPTIONAL RATE CEILINGS

3-69          SUBCHAPTER A.  RATE CEILINGS: APPLICABILITY, COMPUTATION,

 4-1                               AND PUBLICATION

 4-2           Art. 1D.001.  USE OF CEILINGS.   (a)  Except as provided by

 4-3     Subchapter B, a person may contract for, charge, or receive a rate

 4-4     or amount that does not exceed the applicable interest rate ceiling

 4-5     provided by this chapter.  The use of a ceiling provided by this

 4-6     chapter for any contract is optional, and a contract may provide

 4-7     for a rate or amount allowed by other applicable law.

 4-8           (b)  A contract, including a contract for an open-end

 4-9     account, that is subject to Chapter 3A, 6, 6A, or 7 may, as an

4-10     alternative to an interest rate or amount of time price

4-11     differential allowed under that chapter, provide for a simple or

4-12     precomputed rate or amount of time price differential that does not

4-13     exceed the applicable ceiling provided by this chapter or by the

4-14     equivalent yield authorized by Chapter 3A, 6, 6A, or 7.

4-15           (c)  Except as inconsistent with this chapter, a party to a

4-16     contract that is subject to Chapter 3A, 6, 6A, or 7, or the party's

4-17     assignee, has all rights, duties, and obligations under the

4-18     applicable chapter, including those relating to refund credits on

4-19     prepayment or acceleration.

4-20           Art. 1D.002.  WEEKLY CEILING.  The parties to a written

4-21     agreement may agree to an interest rate, or in an agreement

4-22     described in Chapter 6, 6A, or 7, an amount of time price

4-23     differential producing a rate, that does not exceed the applicable

4-24     weekly ceiling.

4-25           Art. 1D.003.  COMPUTATION OF WEEKLY CEILING.  (a)  The weekly

4-26     ceiling is computed by:

4-27                 (1)  multiplying the auction rate by two; and

4-28                 (2)  rounding the result obtained under Subdivision (1)

4-29     to the nearest one-quarter of one percent.

4-30           (b)  The weekly rate ceiling becomes effective on Monday of

4-31     each week and remains in effect through the following Sunday.

4-32           (c)  In this article, "auction rate" means the auction

4-33     average rate quoted on a bank discount basis for 26-week treasury

4-34     bills issued by the United States government, as published by the

4-35     Federal Reserve Board, for the week preceding the week in which the

4-36     weekly rate ceiling is to take effect.

4-37           Art. 1D.004.  MONTHLY CEILING.  (a)  The monthly ceiling may

4-38     be used as an alternative to the weekly ceiling only for a contract

4-39     that:

4-40                 (1)  provides for a variable rate, including a contract

4-41     for an open-end account; and

4-42                 (2)  is not made for personal, family, or household

4-43     use.

4-44           (b)  A contract that provides for the use of the monthly

4-45     ceiling may not provide for the use of another rate ceiling

4-46     provided under this subchapter.

4-47           Art. 1D.005.  COMPUTATION OF MONTHLY CEILING.  (a)  The

4-48     consumer credit commissioner shall compute the monthly ceiling on

4-49     the first business day of the calendar month in which the rate

4-50     applies.  The monthly ceiling is effective for one month beginning

4-51     on the first calendar day of each month.  If the parties agree that

4-52     the rate is subject to being adjusted on a monthly basis, they may

4-53     further contract that the rate from time to time in effect may not

4-54     exceed the monthly ceiling from time to time in effect under this

4-55     article and the monthly ceiling from time to time in effect is the

4-56     ceiling on those contracts.

4-57           (b)  The monthly ceiling is computed by averaging all of the

4-58     weekly ceilings computed using rates from auctions held during the

4-59     calendar month preceding the computation date of the monthly

4-60     ceiling.

4-61           Art. 1D.006.  QUARTERLY CEILING.  (a)  A written contract,

4-62     including a contract that involves an open-end account, may, as an

4-63     alternative to the weekly ceiling, provide for an interest rate or

4-64     an amount of time price differential producing a rate that does not

4-65     exceed the applicable quarterly ceiling.

4-66           (b)  A variable rate contract authorized under Article 1D.015

4-67     may not provide for use of both the weekly ceiling and the

4-68     quarterly ceiling.

4-69           Art. 1D.007.  ANNUALIZED CEILING.  The annualized ceiling may

 5-1     be used as an alternative to the weekly ceiling only for a written

 5-2     contract that involves an open-end account.

 5-3           Art. 1D.008.  COMPUTATION OF QUARTERLY AND ANNUALIZED

 5-4     CEILING.  (a)  On December 1, March 1, June 1, and September 1 of

 5-5     each year, the consumer credit commissioner shall compute the

 5-6     quarterly ceiling and annualized ceiling for the calendar quarter

 5-7     beginning the following January 1, April 1, July 1, and October 1,

 5-8     respectively.  The quarterly ceiling becomes effective for

 5-9     three-month periods beginning on the four calendar dates set out in

5-10     this subsection and is subject to adjustment after each three-month

5-11     period.  The annualized ceiling becomes effective on each of the

5-12     four calendar dates set out in this subsection and remains in

5-13     effect for a period of 12 months, at which time it is subject to

5-14     adjustment.

5-15           (b)  The quarterly ceiling and annualized ceiling are

5-16     computed by averaging all of the weekly ceilings computed using

5-17     average auction rates during the three calendar months preceding

5-18     the computation date of the ceiling.

5-19           Art. 1D.009.  MAXIMUM AND MINIMUM WEEKLY, MONTHLY, QUARTERLY,

5-20     OR ANNUALIZED CEILING.  (a)  If the rate computed for the weekly,

5-21     monthly, quarterly, or annualized ceiling is less than 18 percent a

5-22     year, the ceiling is 18 percent a year.

5-23           (b)  Except as provided by Subsection (c) or (d), if the rate

5-24     computed for the weekly, monthly, quarterly, or annualized ceiling

5-25     is more than 24 percent a year, the ceiling is 24 percent a year.

5-26           (c)  For a contract made, extended, or renewed under which

5-27     credit is extended for a business, commercial, investment, or

5-28     similar purpose and the amount of the credit extension is $250,000

5-29     or more, the 24-percent limitation on the ceilings in Subsection

5-30     (b) does not apply, and the limitation on the ceilings determined

5-31     by those computations is 28 percent a year.

5-32           (d)  For an open-end account credit agreement that provides

5-33     for credit card transactions on which a merchant discount is not

5-34     imposed or received by the creditor, if the rate computed for the

5-35     weekly ceiling, monthly ceiling, quarterly ceiling, or annualized

5-36     ceiling is more than 21 percent a year, the ceiling is 21 percent a

5-37     year.

5-38           (e)  In this chapter, "weekly ceiling," "monthly ceiling,"

5-39     "quarterly ceiling," or "annualized ceiling" refers to that ceiling

5-40     as determined after the application of this article.

5-41           Art. 1D.010.  COMPUTATION OF CEILING IF INFORMATION

5-42     UNAVAILABLE.  If any of the information required to compute a rate

5-43     ceiling is discontinued or is no longer available to the consumer

5-44     credit commissioner from the Federal Reserve Board in the time

5-45     required for the computation, the ceiling last computed remains in

5-46     effect until the information becomes available and a new ceiling is

5-47     computed from the obtained information.

5-48           Art. 1D.011.  PUBLICATION OF RATE CEILINGS.  (a)  The

5-49     consumer credit commissioner shall send the rate ceilings computed

5-50     under this subchapter to the secretary of state for publication in

5-51     the Texas Register.

5-52           (b)  The monthly, quarterly, or annualized ceiling shall be

5-53     published before the 11th day after the date on which the ceiling

5-54     is computed.

5-55           Art. 1D.012.  JUDICIAL NOTICE.  A court may take judicial

5-56     notice of interpretations issued by the consumer credit

5-57     commissioner or information published in the Texas Register under

5-58     Article 1D.011.

5-59           Art. 1D.013.  DETERMINATION OF CEILING FOR CONTRACT TO RENEW

5-60     OR EXTEND DEBT PAYMENT.  The rate ceiling for a contract to renew

5-61     or extend the terms of payment of a debt is the ceiling in effect

5-62     under this chapter when the contract for renewal or extension is

5-63     made, regardless of when the debt is incurred.

5-64           Art. 1D.014.  RATE FOR LENDER CREDIT CARD AGREEMENT WITH

5-65     MERCHANT DISCOUNT.  On an amount owed for a credit card transaction

5-66     under a lender credit card agreement that imposes or allows the

5-67     creditor to receive a merchant discount, the creditor may not

5-68     contract for, charge, or receive:

5-69                 (1)  a rate that exceeds the ceiling provided under

 6-1     Article 15.02; or

 6-2                 (2)  a fee or charge that:

 6-3                       (A)  is not allowed under Chapter 15; or

 6-4                       (B)  exceeds the amount allowed under Chapter 15.

 6-5           Art. 1D.015.  VARIABLE RATE.  (a)  The parties to a contract,

 6-6     including a contract for an open-end account, may agree to any

 6-7     index, formula, or provision of law by which the interest rate or

 6-8     amount of time price differential will be determined, but the

 6-9     agreed rate of interest or yield from an amount of time price

6-10     differential may not exceed the amount that would be produced by

6-11     the rate ceiling applicable to the contract.

6-12           (b)  A variable contract rate described by this article may

6-13     not be used in a contract in which the interest or time price

6-14     differential is  precomputed and added into the amount of the

6-15     contract at the time the contract is made.

6-16           (c)  A variable rate agreement for credit extended primarily

6-17     for personal, family, or household use must have the disclosures

6-18     identified for variable rate contracts as specified by the

6-19     regulations issued by the Federal Reserve Board under the Truth in

6-20     Lending Act (15 U.S.C. Section 1601 et seq.), as amended, or if

6-21     that Act does not apply to a transaction for personal, family, or

6-22     household use due to the amount of the transaction, the following

6-23     disclosure must be given in a size equal to at least 10-point type

6-24     that is boldface, capitalized, underlined, or otherwise set out

6-25     from surrounding material so as to be conspicuous:

6-26           "NOTICE TO CONSUMER: UNDER TEXAS LAW, IF YOU CONSENT TO

6-27           THIS AGREEMENT, YOU MAY BE SUBJECT TO A FUTURE RATE AS

6-28           HIGH AS 24 PERCENT PER YEAR."

6-29           Art. 1D.016.  CHARGING OF RATE LOWER THAN AGREED RATE.  A

6-30     creditor may charge an interest rate or amount of time price

6-31     differential that is lower than the rate agreed to in the contract.

6-32                      SUBCHAPTER B.  OPEN-END ACCOUNTS

6-33           Art. 1D.101.  OPEN-END ACCOUNT: CEILINGS.  (a)  To use the

6-34     quarterly or annualized ceiling for setting the interest rate on

6-35     current and future open-end account balances, the agreement must

6-36     provide for use of the ceiling, and the creditor must give notice

6-37     of the interest rate after the date on which the quarterly or

6-38     annualized ceiling is computed but before the last day of the next

6-39     succeeding calendar quarter.

6-40           (b)  If the annualized ceiling is used, the rate is effective

6-41     for the 12-month period beginning on the date on which the rate

6-42     takes effect for the account.

6-43           (c)  If the quarterly ceiling is used, the rate is effective

6-44     for the three-month period beginning on the date on which the rate

6-45     takes effect for the account.

6-46           (d)  If a quarterly or annualized ceiling is being used for

6-47     an account and if the rate for the applicable period is less than

6-48     or equal to the ceiling to be in effect for the succeeding period

6-49     of equal length, the creditor may leave that rate in effect for the

6-50     succeeding period.

6-51           (e)  A creditor who has disclosed to an obligor that an

6-52     election may be renewed under Subsection (d) is not required to

6-53     give additional notice of a renewal under that subsection.

6-54           (f)  To increase a previously agreed rate, a creditor shall

6-55     comply with Article 1D.103 before the end of the last calendar

6-56     quarter of the period in which the rate previously agreed to is in

6-57     effect.  The ceiling in effect for that period remains the ceiling

6-58     until the parties to the agreement agree to a new rate.

6-59           Art. 1D.102.  VARIABLE RATE OPEN-END ACCOUNT: CEILINGS.  The

6-60     applicable rate ceiling for an open-end account agreement that

6-61     provides for a variable rate or amount according to an index,

6-62     formula, or provision of law disclosed to the obligor, other than a

6-63     variable rate commercial contract that is subject to Article

6-64     1D.004, is the annualized, quarterly, or weekly ceiling as

6-65     disclosed to the obligor.  The annualized ceiling shall be adjusted

6-66     after each 12-month period, the quarterly ceiling shall be adjusted

6-67     after each three-month period, and the weekly ceiling shall be

6-68     adjusted weekly.

6-69           Art. 1D.103.  OPEN-END ACCOUNT: CHANGE OF ANY AGREEMENT TERM.

 7-1     (a)  An agreement covering an open-end account may provide that the

 7-2     creditor may change the terms of the agreement for current and

 7-3     future balances of that account by giving notice of the change to

 7-4     the obligor.

 7-5           (b)  A notice under this article to change a provision of an

 7-6     account, including the rate, or the index or formula used to

 7-7     compute the rate, must include:

 7-8                 (1)  the new provision, the new rate, or the index or

 7-9     formula to be used to compute the rate;

7-10                 (2)  the date on which the change is to take effect;

7-11                 (3)  the period for which the change is to be effective

7-12     or after which the rate will be adjusted;

7-13                 (4)  a statement of whether the change is to affect

7-14     current and future balances; and

7-15                 (5)  the obligor's rights under this article and the

7-16     procedures for the obligor to exercise those rights.

7-17           (c)  A creditor who increases a rate shall include with a

7-18     notice required by this article a form that may be returned at the

7-19     expense of the creditor and on which the obligor may indicate by

7-20     checking or marking an appropriate box or by a similar arrangement

7-21     the obligor's decision not to continue the account.  The form may

7-22     be included on a part of the account statement that is to be

7-23     returned to the creditor or on a separate sheet.  In addition to

7-24     the requirements of Subsection (b), the notice must include:

7-25                 (1)  the address to which the obligor may send notice

7-26     of the obligor's election not to continue the open-end account; and

7-27                 (2)  the following statement printed in not less than

7-28     10-point type or computer equivalent:

7-29           "YOU MAY TERMINATE THIS AGREEMENT IF YOU DO NOT WISH TO

7-30           PAY THE NEW RATE."

7-31           (d)  An obligor is considered to have agreed to a change

7-32     under this article if the creditor mails a notice required by this

7-33     article to the obligor's most recent address shown in the

7-34     creditor's records and:

7-35                 (1)  the obligor chooses to retain the privilege of

7-36     using the open-end account;

7-37                 (2)  the obligor or a person authorized by the obligor

7-38     accepts or uses an extension of credit after the fifth day after

7-39     the date on which the notice is mailed; or

7-40                 (3)  the obligor does not notify the creditor in

7-41     writing before the 21st day after the date on which the notice is

7-42     mailed that the obligor does not wish to continue to use the

7-43     open-end account.

7-44           (e)  An obligor who rejects a rate change in accordance with

7-45     this article is entitled to pay the balance on the open-end account

7-46     at the rate and over the period in effect immediately before the

7-47     date of the proposed change and under the same minimum payment

7-48     terms provided by the agreement.  Rejection of a new rate does not

7-49     accelerate payment of the balance due.

7-50           (f)  The procedure provided by this article for changing the

7-51     terms of an agreement is in addition to other means of amending the

7-52     agreement provided by law.

7-53           Art. 1D.104.  OPEN-END ACCOUNT:  DISCLOSURE OF CERTAIN RATE

7-54     VARIATIONS.  (a)  Except as provided by Subsection (b), a variation

7-55     in an interest rate on an account resulting from operation of the

7-56     previously disclosed index, formula, or provision of law is not

7-57     required to be disclosed under Article 1D.101 or 1D.103.

7-58           (b)  Except as inconsistent with federal law, the creditor on

7-59     an open-end account agreement that provides for a variable interest

7-60     rate according to an index, formula, or provision of law, that is

7-61     primarily for personal, family, or household use, and that is

7-62     subject to this chapter shall give to the obligor notice of a

7-63     change in the rate resulting from operation of the index, formula,

7-64     or provision of law.  The notice must be given:

7-65                 (1)  by a document mailed on or before the beginning of

7-66     the first cycle for which the change becomes effective; or

7-67                 (2)  on or with:

7-68                       (A)  the billing statement for a billing cycle

7-69     that precedes the cycle for which the change becomes effective, if

 8-1     the account is covered by Article 15.02(d); or

 8-2                       (B)  any billing statement, if the account is not

 8-3     covered by Article 15.02(d).

 8-4           Art. 1D.105.  OPEN-END ACCOUNT: CEILING FOR PLAN OR

 8-5     ARRANGEMENT. If a creditor implements a quarterly or annualized

 8-6     ceiling for a majority of the creditor's open-end accounts that are

 8-7     under a particular plan or arrangement and that are for obligors in

 8-8     this state, that ceiling is also the ceiling for all open-end

 8-9     accounts that are opened or activated under that plan for obligors

8-10     in this state during the period that the election is in effect.

8-11                       SUBCHAPTER C.  OTHER PROVISIONS

8-12           Art. 1D.201.  CONSUMER LOANS AND SECONDARY MORTGAGE LOANS.

8-13     (a)  A loan for which the rate is authorized under this chapter is

8-14     subject to Chapter 3A if the loan is:

8-15                 (1)  extended primarily for personal, family, or

8-16     household use and not extended for a business, commercial,

8-17     investment, agricultural, or other similar purpose;

8-18                 (2)  not secured by a lien on real estate; and

8-19                 (3)  made by a person engaged in the business of making

8-20     or negotiating those types of loans.

8-21           (b)  A loan for which the rate is authorized is subject to

8-22     Chapter 3A if the loan is:

8-23                 (1)  extended primarily for personal, family, or

8-24     household use and not for a business, commercial, investment,

8-25     agricultural, or other similar purpose;

8-26                 (2)  predominantly payable in monthly installments;

8-27                 (3)  described by Article 3A.001(3), 3A.501, or 3A.806;

8-28     and

8-29                 (4)  made, negotiated, or arranged by a person engaged

8-30     in the business of making, negotiating, or arranging those types of

8-31     loans.

8-32           (c)  A person other than a bank, savings bank, or savings and

8-33     loan association engaged in the business of making loans described

8-34     by Subsection (a) or (b) must obtain a license under Chapter 3A.

8-35           (d)  Except as inconsistent with this chapter:

8-36                 (1)  a person engaged in the business of extending

8-37     open-end credit primarily for personal, family, or household use

8-38     and who charges on an open-end account a rate or amount under

8-39     authority of this chapter is subject to the applicable chapter in

8-40     Subtitle 2 or Chapter 15; and

8-41                 (2)  a party to an account described in Subdivision (1)

8-42     or the party's assignees has all the rights, duties, and

8-43     obligations under that applicable chapter.

8-44           (e)  Subsection (c) does not apply to a person who is subject

8-45     to Chapter 24, Insurance Code.

8-46           SUBCHAPTER D.  LIMITATIONS ON APPLICABILITY OF CHAPTER

8-47           Art. 1D.301.  AGREEMENT TO WHICH CHAPTER DOES NOT APPLY.  The

8-48     rate ceilings provided by this chapter do not apply to an

8-49     agreement:

8-50                 (1)  under which credit is extended by the seller, or

8-51     an owner, subsidiary, or corporate affiliate of the seller, for a

8-52     home solicitation transaction as defined by Chapter 13; and

8-53                 (2)  that is secured by a lien on the obligor's

8-54     homestead.

8-55           Art. 1D.302.  REQUIREMENTS INCONSISTENT WITH FEDERAL LAW.

8-56     (a)  A person is not required to comply with a disclosure or notice

8-57     requirement of this chapter that is inconsistent with federal law

8-58     or regulation.

8-59           (b)  A creditor may modify a disclosure or notice requirement

8-60     of this chapter to conform to federal law.

8-61                          SUBCHAPTER E. ENFORCEMENT

8-62           Art. 1D.401.  WHEN ACT OR OMISSION NOT VIOLATION.  An act or

8-63     omission does not violate this title if the act or omission

8-64     conforms to an interpretation of this title that is in effect at

8-65     the time of the act or omission and that was made by:

8-66                 (1)  the consumer credit commissioner under Article

8-67     2.02A(10) of this title; or

8-68                 (2)  an appellate court of this state or the United

8-69     States.

 9-1           Art. 1D.402.  PENALTY FOR VIOLATION OF CHAPTER FOR CERTAIN

 9-2     CONTRACTS SUBJECT TO SUBTITLE 2.  (a)  A person who contracts for,

 9-3     charges, or receives under a contract subject to Chapter 3A, 6, 6A,

 9-4     7, or 15, including a contract for an open-end account, a rate or

 9-5     amount of time price differential that exceeds the maximum

 9-6     applicable rate or amount authorized by the applicable chapter or

 9-7     this chapter is subject to a penalty for that violation determined

 9-8     under Chapter 8.

 9-9           (b)  For a contract described in Subsection (a) that contains

9-10     a rate or amount  authorized under this chapter, the failure to

9-11     perform a duty or comply with a prohibition provided by this

9-12     chapter is subject to Chapter 8 as if this chapter were in Subtitle

9-13     2.

9-14           Art. 1D.403.  PENALTY FOR VIOLATION OF CEILING IN CERTAIN

9-15     CONTRACTS.  A written contract, other than a contract to which

9-16     Article 1D.402 applies, that directly or indirectly provides for a

9-17     rate that exceeds the rate authorized by this chapter and that is

9-18     not otherwise authorized by law, is subject to the penalty

9-19     prescribed by Chapter 1F.

9-20           Art. 1D.404.  ENFORCEMENT BY CONSUMER CREDIT COMMISSIONER.

9-21     Subject to Article 2.01, the consumer credit commissioner shall

9-22     enforce Chapters 2, 3A, 6, 6A, 7, 8, 15, and 51 as they apply to

9-23     contracts subject to those chapters.

9-24           Art. 1D.405.  EXAMINATION OF RECORDS; INSPECTIONS; RULES.

9-25     (a)  Article 3A.902 applies to a transaction:

9-26                 (1)  that is made by a person who holds a license under

9-27     Chapter 3A;

9-28                 (2)  that is subject to Chapter 15 or 3A; and

9-29                 (3)  the rate of which is authorized by this chapter.

9-30           (b)  Subchapter L, Chapter 3A, applies to a loan:

9-31                 (1)  that is subject to Chapter 3A; and

9-32                 (2)  the rate of which is authorized by this chapter.

9-33           Art. 1D.406.  ENFORCEMENT BY CREDIT UNION COMMISSIONER.  The

9-34     credit union commissioner shall enforce this chapter as it applies

9-35     to contracts subject to the Texas Credit Union Act (Article

9-36     2461-1.01 et seq., Vernon's Texas Civil Statutes).

9-37           Art. 1D.407.  ENFORCEMENT BY DEPARTMENT OF INSURANCE.  The

9-38     Texas Department of Insurance shall enforce this chapter as it

9-39     applies to contracts subject to Chapter 24, Insurance Code.

9-40        SUBCHAPTER F. EFFECT ON OTHER STATUTES OF USING OPTIONAL RATE

9-41           Art. 1D.501.  APPLICABILITY OF CREDIT UNION ACT.  Except as

9-42     inconsistent with this chapter:

9-43                 (1)  a person subject to the Texas Credit Union Act

9-44     (Article 2461-1.01 et seq., Vernon's Texas Civil Statutes) who

9-45     contracts for, charges, or receives a rate or amount authorized by

9-46     this chapter remains subject to that Act; and

9-47                 (2)  a party to a transaction described by Subdivision

9-48     (1) has all the rights provided by that Act.

9-49           Art. 1D.502.  APPLICABILITY OF CHAPTER 24, INSURANCE CODE.

9-50     (a)  Except as inconsistent with this chapter:

9-51                 (1)  a person subject to Chapter 24, Insurance Code,

9-52     who contracts for, charges, or receives an interest rate authorized

9-53     by this chapter remains subject to that chapter; and

9-54                 (2)  a party to an insurance premium finance agreement,

9-55     including an agreement for an open-end account, has all the rights

9-56     provided by Chapter 24, Insurance Code.

9-57           (b)  The licensing requirements of Chapter 3A do not apply to

9-58     a transaction described by Subsection (a)(1).  The penalty

9-59     provisions of this title do not apply to a transaction described in

9-60     Subsection (a)(1).

9-61                       CHAPTER 1E.  JUDGMENT INTEREST

9-62                      SUBCHAPTER A.  GENERAL PROVISIONS

9-63           Art. 1E.001.  INTEREST RATE REQUIRED IN JUDGMENT.  A money

9-64     judgment of a court in this state must specify the postjudgment

9-65     interest rate applicable to that judgment.

9-66           Art. 1E.002.  JUDGMENT INTEREST RATE:  INTEREST RATE OR TIME

9-67     PRICE DIFFERENTIAL IN CONTRACT.  A money judgment of a court of

9-68     this state on a contract that provides for interest or time price

9-69     differential earns postjudgment interest at a rate equal to the

 10-1    lesser of:

 10-2                (1)  the rate specified in the contract, which may be a

 10-3    variable rate; or

 10-4                (2)  18 percent a year.

 10-5          Art. 1E.003.  JUDGMENT INTEREST RATE:  INTEREST RATE OR TIME

 10-6    PRICE DIFFERENTIAL NOT IN CONTRACT.  (a)  A money judgment of a

 10-7    court of this state to which Article 1E.002 does not apply,

 10-8    including court costs awarded in the judgment and prejudgment

 10-9    interest, if any, earns postjudgment interest at the rate

10-10    determined under this article.

10-11          (b)  On the 15th day of each month, the consumer credit

10-12    commissioner shall determine the postjudgment interest rate to be

10-13    applied to a money judgment rendered during the succeeding calendar

10-14    month.

10-15          (c)  The postjudgment interest rate is:

10-16                (1)  the auction rate quoted on a discount basis for

10-17    52-week treasury bills issued by the United States government as

10-18    most recently published by the Federal Reserve Board before the

10-19    date of computation;

10-20                (2)  10 percent a year if the auction rate described by

10-21    Subdivision (1) is less than 10 percent; or

10-22                (3)  20 percent a year if the auction rate described by

10-23    Subdivision (1) is more than 20 percent.

10-24          Art. 1E.004.  PUBLICATION OF JUDGMENT INTEREST RATE.  The

10-25    consumer credit commissioner shall send to the secretary of state

10-26    the postjudgment interest rate for publication, and the secretary

10-27    shall publish the rate in the Texas Register.

10-28          Art. 1E.005.  ACCRUAL OF JUDGMENT INTEREST.  (a)  Except as

10-29    provided by Subsection (b), postjudgment interest on a money

10-30    judgment of a court in this state accrues during the period

10-31    beginning on the date the judgment is rendered and ending on the

10-32    date the judgment is satisfied.

10-33          (b)  If a case is appealed and a motion for extension of time

10-34    to file a brief is granted for a party who was a claimant at trial,

10-35    interest does not accrue for the period of extension.

10-36          Art. 1E.006.  COMPOUNDING OF JUDGMENT INTEREST.  Postjudgment

10-37    interest on a judgment of a court in this state compounds annually.

10-38          Art. 1E.007.  JUDICIAL NOTICE OF JUDGMENT INTEREST RATE.  A

10-39    court of this state shall take judicial notice of a published

10-40    postjudgment interest rate.

10-41          SUBCHAPTER B.  PREJUDGMENT INTEREST IN WRONGFUL DEATH,

10-42                 PERSONAL INJURY, OR PROPERTY DAMAGE CASE

10-43          Art. 1E.101.  APPLICABILITY OF SUBCHAPTER.  This subchapter

10-44    applies only to a wrongful death, personal injury, or property

10-45    damage case of a court of this state.

10-46          Art. 1E.102.  PREJUDGMENT INTEREST REQUIRED IN CERTAIN CASES.

10-47    A judgment in a wrongful death, personal injury, or property damage

10-48    case earns prejudgment interest.

10-49          Art. 1E.103.  PREJUDGMENT INTEREST RATE FOR WRONGFUL DEATH,

10-50    PERSONAL INJURY, OR PROPERTY DAMAGE CASE.  The prejudgment interest

10-51    rate is equal to the  postjudgment interest rate applicable at the

10-52    time of judgment.

10-53          Art. 1E.104.  ACCRUAL OF PREJUDGMENT INTEREST.  Except as

10-54    provided by Article 1E.105 or 1E.108, prejudgment interest accrues

10-55    on the amount of a judgment during the period beginning on the

10-56    earlier of the 180th day after the date the defendant receives

10-57    written notice of a claim or the date the suit is filed and ending

10-58    on the day preceding the date judgment is rendered.  Prejudgment

10-59    interest is computed as simple interest and does not compound.

10-60          Art. 1E.105. EFFECT OF SETTLEMENT OFFER ON ACCRUAL OF

10-61    PREJUDGMENT INTEREST.  (a)  If judgment for a claimant is equal to

10-62    or less than the amount of a settlement offer of the defendant,

10-63    prejudgment interest does not accrue on the amount of the judgment

10-64    during the period that the offer may be accepted.

10-65          (b)  If judgment for a claimant is more than the amount of a

10-66    settlement offer of the defendant, prejudgment interest does not

10-67    accrue on the amount of the settlement offer during the period that

10-68    the offer may be accepted.

10-69          Art. 1E.106.  SETTLEMENT OFFER REQUIREMENTS TO PREVENT

 11-1    PREJUDGMENT INTEREST ACCRUAL.  To prevent the accrual of

 11-2    prejudgment interest under this subchapter, a settlement offer must

 11-3    be in writing and delivered to the claimant or the claimant's

 11-4    attorney or representative.

 11-5          Art. 1E.107.  VALUE OF SETTLEMENT OFFER FOR COMPUTING

 11-6    PREJUDGMENT INTEREST.  If a settlement offer does not provide for

 11-7    cash payment at the time of settlement, the amount of the

 11-8    settlement offer for the purpose of computing prejudgment interest

 11-9    is the cost or fair market value of the settlement offer at the

11-10    time it is made.

11-11          Art. 1E.108.  ACCRUAL OF PREJUDGMENT INTEREST DURING PERIODS

11-12    OF TRIAL DELAY.  (a)  In addition to the exceptions provided by

11-13    Article 1E.105, a court may order that prejudgment interest does

11-14    not accrue during periods of delay in the trial.

11-15          (b)  A court shall consider:

11-16                (1)  periods of delay caused by a defendant; and

11-17                (2)  periods of delay caused by a claimant.

11-18           SUBCHAPTER C.  OTHER PREJUDGMENT INTEREST PROVISIONS

11-19          Art. 1E.201.  PREJUDGMENT INTEREST RATE FOR CONDEMNATION

11-20    CASE.  The prejudgment interest rate in a condemnation case is

11-21    equal to the postjudgment interest rate at the time of judgment and

11-22    is computed as simple interest.

11-23            SUBCHAPTER D.  EXCEPTIONS TO APPLICATION OF CHAPTER

11-24          Art. 1E.301.  EXCEPTION FOR DELINQUENT TAXES.  This chapter

11-25    does not apply to a judgment that earns interest at a rate set by

11-26    Title 2, Tax Code.

11-27          Art. 1E.302.  EXCEPTION FOR DELINQUENT CHILD SUPPORT.  This

11-28    chapter does not apply to interest that accrues on an amount of

11-29    unpaid child support under Section 157.265, Family Code.

11-30                    CHAPTER 1F. PENALTIES AND REMEDIES

11-31             SUBCHAPTER A.  CIVIL LIABILITY; CRIMINAL PENALTY

11-32          Art. 1F.001.  LIABILITY FOR USURIOUS INTEREST.  (a)  A

11-33    creditor who contracts for, charges, or receives interest that is

11-34    greater than the amount authorized by this subtitle is liable to

11-35    the obligor for an amount that is equal to the greater of:

11-36                (1)  three times the amount computed by subtracting the

11-37    amount of interest allowed by law from the total amount of interest

11-38    contracted for, charged, or received; or

11-39                (2)  $2,000 or 20 percent of the amount of the

11-40    principal, whichever is less.

11-41          (b)  This article applies only to a contract or transaction

11-42    subject to this subtitle.

11-43          (c)  A creditor who charges or receives interest in excess of

11-44    the amount contracted for, but not in excess of the maximum amount

11-45    authorized by law, is not subject to penalties for usury but may be

11-46    liable for other remedies and relief as provided by law.

11-47          Art. 1F.002.  ADDITIONAL LIABILITY FOR MORE THAN TWICE

11-48    AUTHORIZED RATE OF INTEREST.  (a)  In addition to the amount

11-49    determined under Article 1F.001, a creditor who charges and

11-50    receives interest that is greater than twice the amount authorized

11-51    by this subtitle is liable to the obligor for:

11-52                (1)  the principal amount on which the interest is

11-53    charged and received; and

11-54                (2)  the interest and all other amounts charged and

11-55    received.

11-56          (b)  This article applies only to a contract or transaction

11-57    subject to this subtitle.

11-58          Art. 1F.003.  LIABILITY FOR USURIOUS LEGAL INTEREST.  (a)  A

11-59    creditor who charges or receives legal interest that is greater

11-60    than the amount authorized by this subtitle is liable to the

11-61    obligor for an amount that is equal to the greater of:

11-62                (1)  three times the amount computed by subtracting the

11-63    amount of legal interest allowed by law from the total amount of

11-64    interest charged or received; or

11-65                (2)  $2,000 or 20 percent of the amount of the

11-66    principal, whichever is less.

11-67          (b)  This article applies only to a transaction subject to

11-68    this subtitle.

11-69          Art. 1F.004.  ADDITIONAL LIABILITY FOR MORE THAN TWICE

 12-1    AUTHORIZED RATE OF LEGAL INTEREST.  (a)  In addition to the amount

 12-2    determined under Article 1F.003, a creditor who charges and

 12-3    receives legal interest that is greater than twice the amount

 12-4    authorized by this subtitle is liable to the obligor for:

 12-5                (1)  the principal amount on which the interest is

 12-6    charged and received; and

 12-7                (2)  the interest and all other amounts charged and

 12-8    received.

 12-9          (b)  This article applies only to a transaction subject to

12-10    this subtitle.

12-11          Art. 1F.005.  ATTORNEY'S FEES.  A creditor who is liable

12-12    under Article 1F.001 or 1F.003 is also liable to the obligor for

12-13    reasonable attorney's fees set by the court.

12-14          Art. 1F.006.  LIMITATION  ON  FILING  SUIT.   (a)  An  action

12-15    under  this  chapter  must  be  brought  within  four  years  from

12-16    the  date  on which the usurious interest was contracted for,

12-17    charged, or received.  The action must be brought in the county in

12-18    which:

12-19                (1)  the transaction was entered into;

12-20                (2)  the  usurious  interest  was  charged  or

12-21    received;

12-22                (3)  the creditor resides at the time of the cause of

12-23    action if the creditor is a natural person;

12-24                (4)  the creditor maintains its principal office if the

12-25    creditor is not a natural person; or

12-26                (5)  the obligor resides at the time of the accrual of

12-27    the cause of action.

12-28          (b)  In the case of a transaction in which a creditor has

12-29    contracted for or charged usurious interest, at least 60 days

12-30    before filing suit seeking usury penalties the obligor shall give

12-31    written notice to the creditor advising the creditor in reasonable

12-32    detail of the nature and amount of the violation.

12-33          (c)  A creditor who receives a notice under this article may

12-34    correct the violation as provided by Article 1F.103 during the

12-35    period beginning on the date the notice is received and ending on

12-36    the 60th day after that date.  A creditor who corrects a violation

12-37    as provided by this article is not liable to an obligor for the

12-38    violation.

12-39          (d)  The notice provision is not applicable to a defendant

12-40    filing a counterclaim action alleging usury in an original action

12-41    by the creditor.

12-42          Art. 1F.007.  EXTENT OF LIABILITY.  The penalties provided by

12-43    this chapter are the only penalties for violation of this subtitle

12-44    for contracting for, charging, or receiving interest in an amount

12-45    that produces a rate in excess of the maximum rate allowed by law

12-46    and no common law penalties apply.

12-47          Art. 1F.008.  CRIMINAL PENALTY.  (a)  A person commits an

12-48    offense if the person contracts for, charges, or receives interest

12-49    on a transaction for personal, family, or household use that is

12-50    greater than twice the amount authorized by this subtitle.

12-51          (b)  An offense under this article is a misdemeanor

12-52    punishable by a fine of not more than $1,000.

12-53          (c)  Each contract or transaction that violates this article

12-54    is a separate offense.

12-55          (d)  This article applies only to a contract or transaction

12-56    subject to this subtitle.

12-57                  SUBCHAPTER B.  EXCEPTION FROM LIABILITY

12-58          Art. 1F.101.  ACCIDENTAL AND BONA FIDE ERROR.  A creditor is

12-59    not subject to penalty under this chapter for any usurious interest

12-60    that results from an accidental and bona fide error.

12-61          Art. 1F.102.  LEGAL INTEREST DURING INTEREST-FREE PERIOD.  A

12-62    person is not liable to an obligor solely because the person

12-63    charges or receives legal interest before the 30th day after the

12-64    date on which the debt is due.

12-65          Art. 1F.103.  CORRECTION OF VIOLATION.  (a)  A creditor is

12-66    not liable to an obligor for a violation of this subtitle if:

12-67                (1)  not later than the 60th day after the date the

12-68    creditor actually discovered the violation, the creditor corrects

12-69    the violation as to that obligor by taking any necessary action and

 13-1    making any necessary adjustment, including the payment of interest

 13-2    on a refund, if any, at the applicable rate provided for in the

 13-3    contract of the parties; and

 13-4                (2)  the creditor gives written notice to the obligor

 13-5    of the violation before the obligor gives written notice of the

 13-6    violation or files an action alleging the violation.

 13-7          (b)  For the purposes of Subsection (a), a violation is

 13-8    actually discovered at the time of the discovery of the violation

 13-9    in fact and not to the time when an ordinarily prudent person,

13-10    through reasonable diligence, could or should have discovered or

13-11    known of the violation.  Actual discovery of a violation in one

13-12    transaction may constitute actual discovery of the same violation

13-13    in other transactions if the violation is of such a nature that it

13-14    would necessarily be repeated and would be clearly apparent in the

13-15    other transactions without the necessity of examining all the other

13-16    transactions.

13-17          (c)  For purposes of Subsection (a), written notice is given

13-18    when the notice is delivered to the person or to the person's duly

13-19    authorized agent or attorney of record personally, by telecopier,

13-20    or by United States mail to the address shown on the most recent

13-21    documents in the transaction.  Deposit of the notice as registered

13-22    or certified mail in a postage paid, properly addressed wrapper in

13-23    a post office or official depository under the care and custody of

13-24    the United States Postal Service is prima facie evidence of the

13-25    delivery of the notice to the person to whom the notice is

13-26    addressed.

13-27          Art. 1F.104.  CORRECTION EXCEPTION AVAILABLE TO ALL SIMILARLY

13-28    SITUATED.  If in a single transaction more than one creditor may be

13-29    liable for a violation of this subtitle, compliance with Article

13-30    1F.103 by any of those creditors entitles each to the same

13-31    protection provided by that article.

13-32          Art. 1F.105.  AMOUNTS PAYABLE PURSUANT TO A FINAL JUDGMENT.

13-33    A creditor is not liable to an obligor for a violation of this

13-34    subtitle if the creditor receives interest that has been awarded

13-35    pursuant to a final judgment that is no longer subject to

13-36    modification or reversal.

13-37        CHAPTER 1G.  MISCELLANEOUS PROVISIONS RELATING TO INTEREST

13-38          Art. 1G.001.  IMPOSITION OF SURCHARGE FOR USE OF CREDIT CARD.

13-39    (a)  In a sale of goods or services, a seller may not impose a

13-40    surcharge on a buyer who uses a credit card for an extension of

13-41    credit instead of cash, a check, or a similar means of payment.

13-42          (b)  This article does not apply to a state agency, county,

13-43    local governmental entity, or other governmental entity that

13-44    accepts a credit card for the payment of fees, taxes, or other

13-45    charges.

13-46          Art. 1G.002.  BILLING CYCLE INTEREST LIMITATION ON OPEN-END

13-47    ACCOUNT WITHOUT MERCHANT DISCOUNT.  (a)  This article applies to an

13-48    open-end account agreement that provides for credit card

13-49    transactions:

13-50                (1)  in which the creditor relies on one of the

13-51    ceilings authorized by Chapter 1D for the rate of interest; and

13-52                (2)  in connection with which the creditor does not

13-53    impose or receive a merchant discount.

13-54          (b)  Interest or time price differential may not be charged

13-55    for a billing cycle of an open-end account credit agreement if:

13-56                (1)  the total amount of the obligor's payments during

13-57    the cycle equal or exceed the balance owed under the agreement at

13-58    the end of the preceding billing cycle; or

13-59                (2)  an amount is not owed under the agreement at the

13-60    end of the preceding billing cycle.

13-61          Art. 1G.003.  SALE OF OPEN-END ACCOUNT WITHOUT MERCHANT

13-62    DISCOUNT.  A seller or lessor may sell an open-end account credit

13-63    agreement described by Article 1G.002(a) or any balance under that

13-64    agreement to a purchaser who purchases a substantial part of the

13-65    seller's or lessor's open-end account credit agreements or balances

13-66    under those agreements in accordance with Article 6.07.  A charge,

13-67    fee, or discount on that sale:

13-68                (1)  is not a merchant discount;

13-69                (2)  does not disqualify the open-end account credit

 14-1    agreement or a balance under that agreement from being subject to

 14-2    Chapter 3A or from coverage under this article; and

 14-3                (3)  does not subject the account to the limitations

 14-4    provided by Article 15.02(d).

 14-5          Art. 1G.004.  APPLICATION OF LICENSING REQUIREMENT AND

 14-6    SUBTITLE 2 AND CHAPTER 15 TO CREDIT UNION OR EMPLOYEE BENEFIT PLAN.

 14-7    (a)  A credit union is not subject to Subtitle 2 or Chapter 15 and

 14-8    is not required to obtain a license under this title.

 14-9          (b)  With respect to a loan that an employee benefit plan

14-10    that is subject to Title I of the Employee Retirement Income

14-11    Security Act of 1974 (29 U.S.C. Sections 1001-1114) makes to a

14-12    participant in the plan or a participant's beneficiary, the plan is

14-13    not subject to Subtitle 2 and is not required to obtain a license

14-14    under this title.

14-15                   CHAPTER 1H.  COMMERCIAL TRANSACTIONS

14-16                     SUBCHAPTER A.  GENERAL PROVISIONS

14-17          Art. 1H.001.  DEFINITIONS.  In this chapter:

14-18                (1)  "Account purchase transaction" means an agreement

14-19    under which a person engaged in a commercial enterprise sells

14-20    accounts, instruments, documents, or chattel paper subject to this

14-21    subtitle at a discount, regardless of whether the person has a

14-22    repurchase obligation related to the transaction.

14-23                (2)  "Affiliate" of an obligor means a person who

14-24    directly or indirectly, through one or more intermediaries,

14-25    controls, is controlled by, or is under common control with the

14-26    obligor.  In this subdivision "control" means the possession,

14-27    directly or indirectly, of the power to direct or cause the

14-28    direction of the management and policies of a person, whether

14-29    through the ownership of voting securities, by contract, or

14-30    otherwise.

14-31                (3)  "Asset-backed securities" means debt obligations

14-32    or certificates of beneficial ownership that:

14-33                      (A)  are a part of a single issue or single

14-34    series of securities in an aggregate of $1,000,000 or more and

14-35    issuable in one or more classes;

14-36                      (B)  are secured by a pledge of, or represent an

14-37    undivided ownership interest in:

14-38                            (i)  one or more fixed or revolving

14-39    financial assets that by their terms convert into cash within a

14-40    definite period; and

14-41                            (ii)  rights or other assets designed to

14-42    assure the servicing or timely distribution of proceeds to security

14-43    holders; and

14-44                      (C)  are issued for a business, commercial,

14-45    agricultural, investment, or similar purpose by a pass-through

14-46    entity.

14-47                (4)  "Business entity" means a partnership,

14-48    corporation, joint venture, limited liability company, or other

14-49    business organization or association, however organized.

14-50                (5)  "Commercial loan" means a loan that is made

14-51    primarily for business, commercial, investment, agricultural, or

14-52    similar purposes.  The term does not include a loan made primarily

14-53    for personal, family, or household use.

14-54                (6)  "Guaranty" means an agreement under which a

14-55    person:

14-56                      (A)  assumes, guarantees, or otherwise becomes

14-57    primarily or contingently liable for the payment or performance of

14-58    an obligation of another person;

14-59                      (B)  provides security for the payment or

14-60    performance of an obligation of another person, whether through the

14-61    creation of a lien or security interest or otherwise; or

14-62                      (C)  agrees to purchase, or to advance

14-63    consideration to purchase, the obligation or any property

14-64    constituting security for the payment or performance of the

14-65    obligation.

14-66                (7)  "Pass-through entity" means a business entity,

14-67    association, grantor or common-law trust under state law, or

14-68    segregated pool of assets under federal tax law that, on the date

14-69    of original issuance of asset-backed securities, does not have

 15-1    significant assets other than:

 15-2                      (A)  assets pledged to or held for the benefit of

 15-3    holders of the asset-backed securities; or

 15-4                      (B)  assets pledged to or held for the benefit of

 15-5    holders of other asset-backed securities previously issued.

 15-6                (8)  "Prepayment charge or penalty" means compensation

 15-7    that is or will become due and payable, or was paid, by an obligor

 15-8    to a creditor solely as a result of, or as a condition to, the

 15-9    payment or maturity of all or a portion of the principal amount of

15-10    a loan before its stated maturity or its regularly scheduled date

15-11    or dates of payment, as a result of any election by the obligor to

15-12    pay all or a portion of the principal amount before its stated

15-13    maturity or its regularly scheduled date or dates of payment.

15-14                (9)  "Qualified commercial loan" means:

15-15                      (A)  a commercial loan in the original principal

15-16    amount of $3,000,000 or more; or

15-17                      (B)  a renewal or extension of a commercial loan

15-18    in the original principal amount of $3,000,000 or more, whether the

15-19    principal amount of the loan at the time of its renewal or

15-20    extension is $3,000,000 or more.

15-21          Art. 1H.002.  INTEREST.   A creditor may contract for,

15-22    charge, and receive from an obligor on a commercial loan a rate or

15-23    amount of interest that does not exceed the applicable ceilings

15-24    computed in accordance with Chapter 1D.  All other applicable

15-25    provisions, remedies, and penalties of this subtitle apply to a

15-26    commercial loan unless expressly provided otherwise by this

15-27    chapter.

15-28          Art. 1H.003.  COMPUTATION OF TERM.  A creditor and an obligor

15-29    may agree to compute the term and rate of a commercial loan on the

15-30    basis of a 360-day year consisting of twelve 30-day months.  For

15-31    purposes of this chapter, each rate ceiling expressed as a rate per

15-32    year may mean a rate per year consisting of 360 days and of twelve

15-33    30-day months.

15-34          Art. 1H.004.  DETERMINING RATES OF INTEREST BY SPREADING.

15-35    (a)  To determine whether a commercial loan is usurious, the

15-36    interest rate is computed by amortizing or spreading using the

15-37    actuarial method during the stated term of the loan all interest at

15-38    any time contracted for, charged, or received in connection with

15-39    the loan.

15-40          (b)  If a commercial loan is paid in full before the end of

15-41    the stated term of the loan and the amount of interest received for

15-42    the period that the loan exists exceeds the amount that produces

15-43    the maximum rate authorized by law for that period, the lender

15-44    shall:

15-45                (1)  refund the amount of the excess to the borrower;

15-46    or

15-47                (2)  credit the amount of the excess against amounts

15-48    owing under the loan.

15-49          (c)  A lender who complies with Subsection (b) is not subject

15-50    to any of the penalties provided by law for contracting for,

15-51    charging, or receiving interest in excess of the maximum rate

15-52    authorized.

15-53          Art. 1H.005.  PREPAYMENT CHARGE.  A creditor and an obligor

15-54    may agree to a charge for prepayment in a loan subject to this

15-55    chapter.  A charge for prepayment is not interest.

15-56          Art. 1H.006.  CERTAIN AUTHORIZED CHARGES ON COMMERCIAL LOANS.

15-57    In addition to the interest authorized by this chapter, the parties

15-58    to a commercial loan may agree and stipulate for:

15-59                (1)  a delinquency charge on the amount of any

15-60    installment or other amount in default for a period of not less

15-61    than 10 days in a reasonable amount not to exceed five percent of

15-62    the total amount of the installment; and

15-63                (2)  a returned check fee in an amount not to exceed

15-64    $25 on any check, draft, order, or other instrument or form of

15-65    remittance that is returned unpaid or dishonored for any reason.

15-66                     SUBCHAPTER B.  SPECIAL PROVISIONS

15-67          Art. 1H.101.  QUALIFIED  COMMERCIAL LOAN.  (a)  The parties

15-68    to a qualified commercial loan agreement may contract for a rate or

15-69    amount of interest that does not exceed the applicable rate

 16-1    ceiling.

 16-2          (b)  The parties may contract for the following additional

 16-3    charges:

 16-4                (1)  a discount or commission that an obligor has paid

 16-5    or agreed to pay to one or more underwriters of securities issued

 16-6    by the obligor;

 16-7                (2)  an option or right to exchange, redeem, or convert

 16-8    all or a portion of the principal amount of the loan, or interest

 16-9    on the principal amount, for or into capital stock or other equity

16-10    securities of an obligor or of an affiliate of the obligor;

16-11                (3)  an option or right to purchase capital stock or

16-12    other equity securities of an obligor or of an affiliate of the

16-13    obligor;

16-14                (4)  an option or other right, whether by contract,

16-15    conveyance, or otherwise, to participate in or own a share of the

16-16    income, revenues, production, or profits:

16-17                      (A)  of an obligor or of an affiliate of the

16-18    obligor;

16-19                      (B)  of any segment of the business or operations

16-20    of an obligor or of an affiliate of the obligor; or

16-21                      (C)  derived or to be derived from any ownership

16-22    rights of an obligor or of an affiliate of the obligor in real or

16-23    personal property, including any proceeds of the sale or other

16-24    disposition of ownership rights; or

16-25                (5)  any compensation realized as a result of the

16-26    receipt, exercise, sale, or other disposition of any option or

16-27    other right described by this subsection.

16-28          (c)  A charge under Subsection (b) is not interest.

16-29          Art. 1H.102.  ASSET-BACKED SECURITIES TRANSACTION.  An amount

16-30    that is paid, passed through, or obligated to be paid or to be

16-31    passed through in connection with asset-backed securities or that

16-32    is not paid as a result of a discounted sale price to the holders

16-33    of asset-backed securities by a pass-through entity is not

16-34    interest.  This article does not affect interest that is agreed on

16-35    and fixed by the parties to a written contract and paid, charged,

16-36    or received on the ultimate underlying assets pledged to or held

16-37    for the benefit of holders of asset-backed securities.

16-38          Art. 1H.103.  ACCOUNT PURCHASE TRANSACTION.  (a)  An amount

16-39    of a discount in, or charged under, an account purchase transaction

16-40    is not interest.

16-41          (b)  For the purposes of this chapter, the parties'

16-42    characterization of an account purchase transaction as a purchase

16-43    is conclusive that the account purchase transaction is not a

16-44    transaction for the use, forbearance, or detention of money.

16-45          SECTION 2.  Subtitle 2, Title 79, Revised Statutes (Article

16-46    5069-2.01 et seq., Vernon's Texas Civil Statutes), is amended by

16-47    adding Chapter 3A to read as follows:

16-48                        CHAPTER 3A.  CONSUMER LOANS

16-49        SUBCHAPTER A.  GENERAL PROVISIONS; APPLICABILITY OF CHAPTER

16-50          Art. 3A.001.  DEFINITIONS.   In this chapter:

16-51                (1)  "Irregular transaction" means a loan that is

16-52    payable:

16-53                      (A)  in installments that are not consecutive or

16-54    monthly;

16-55                      (B)  with installments that are not substantially

16-56    equal in amount; or

16-57                      (C)  with a first scheduled installment due that

16-58    is not within one month and 15 days after the date of the loan.

16-59                (2)  "Regular transaction" means a loan that is

16-60    payable:

16-61                      (A)  in consecutive monthly installments;

16-62                      (B)  with installments substantially equal in

16-63    amount; and

16-64                      (C)  with a first scheduled installment due

16-65    within one month and 15 days after the date of the loan.

16-66                (3)  "Secondary mortgage loan" means a loan that is:

16-67                      (A)  secured in whole or in part by an interest,

16-68    including a lien or security interest, in real property that is:

16-69                            (i)  improved by a dwelling designed for

 17-1    occupancy by four or fewer families; and

 17-2                            (ii)  subject to one or more liens,

 17-3    security interests, prior mortgages, or deeds of trust; and

 17-4                      (B)  not to be repaid before the 91st day after

 17-5    the date of the loan.

 17-6          Art. 3A.002.  INTEREST COMPUTATION METHODS.  (a)  The

 17-7    scheduled  installment earnings method is a method to compute an

 17-8    interest charge by applying a daily rate to the unpaid balance of

 17-9    the amount financed as if all payments will be made upon the

17-10    scheduled installment date.  The daily rate is 1/365th of the

17-11    equivalent contract rate.  Payments received before or after the

17-12    due date do not cause an adjustment in the amount of the scheduled

17-13    principal reduction.

17-14          (b)  The true daily earnings method is a method to compute an

17-15    interest charge by applying a daily rate to the unpaid balance of

17-16    the amount financed.  The daily rate is 1/365th of the equivalent

17-17    contract rate.  The earned finance charge is computed by

17-18    multiplying the daily rate of the finance charge by the number of

17-19    days the actual principal balance is outstanding.

17-20          Art. 3A.003.  PURCHASE FROM MORTGAGEE.  For the purposes of

17-21    this chapter, a purchase from a mortgagee of an interest in a

17-22    secondary mortgage loan that was made to secure that loan is

17-23    treated as if it were a secondary mortgage loan.

17-24          Art. 3A.004.  CONSTITUTIONAL INTEREST; EXEMPTION.

17-25    (a)  Except as otherwise fixed by law, the maximum rate of interest

17-26    is 10 percent per year.

17-27          (b)  A loan providing for a rate of interest that is 10

17-28    percent per year or less is not subject to this chapter.

17-29          Art. 3A.005.  APPLICABILITY OF CHAPTER.  (a)  A loan is

17-30    subject to this chapter if the loan:

17-31                (1)  provides for interest in excess of 10 percent per

17-32    year;

17-33                (2)  is extended primarily for personal, family, or

17-34    household use;

17-35                (3)  is not secured by a lien on real property; and

17-36                (4)  is made by a person engaged in the business of

17-37    making, arranging, or negotiating those types of loans.

17-38          (b)  A loan is subject to this chapter if the loan:

17-39                (1)  provides for interest in excess of 10 percent per

17-40    year;

17-41                (2)  is extended primarily for personal, family, or

17-42    household use;

17-43                (3)  is predominantly payable in monthly installments;

17-44                (4)  is described by Article 3A.001(3), 3A.501, or

17-45    3A.806; and

17-46                (5)  is made by a person engaged in the business of

17-47    making, arranging, or negotiating those types of loans.

17-48          (c)  This chapter does not apply to a secondary mortgage loan

17-49    made by a seller of property to secure all or part of the unpaid

17-50    purchase price.

17-51            SUBCHAPTER B.  DESCRIPTION OF AND REQUIREMENTS FOR

17-52                           AUTHORIZED ACTIVITIES

17-53          Art. 3A.101.  AUTHORIZED ACTIVITIES; CEILING AMOUNT.  (a)  A

17-54    person must hold a license issued under this chapter or be a bank,

17-55    savings bank, or savings and loan association to:

17-56                (1)  engage in the business of making, transacting, or

17-57    negotiating loans subject to this chapter; and

17-58                (2)  contract for, charge, or receive, directly or

17-59    indirectly, in connection with a loan subject to this chapter, a

17-60    charge, including interest, compensation, consideration, or another

17-61    expense, authorized under this chapter that in the aggregate

17-62    exceeds the charges authorized under other law.

17-63          (b)  A person may not use any device, subterfuge, or pretense

17-64    to evade the application of this article.

17-65          Art. 3A.102.  ISSUANCE OF MORE THAN ONE LICENSE FOR A PERSON.

17-66    (a)  The commissioner may issue more than one license to a person

17-67    on compliance with this chapter for each license.

17-68          (b)  A person who is required to hold a license under this

17-69    chapter must hold a separate license for each office at which loans

 18-1    are made, negotiated, or collected under this chapter.

 18-2          (c)  A license is not required under this chapter for a place

 18-3    of business:

 18-4                (1)  devoted to accounting or other recordkeeping; and

 18-5                (2)  at which loans are not made, negotiated, or

 18-6    collected under this chapter or Chapter 15.

 18-7          Art. 3A.103.  AREA OF BUSINESS; LOANS BY MAIL.  (a)  A lender

 18-8    is not limited to making loans to residents of the community in

 18-9    which the office for which the license or other authority is

18-10    granted.

18-11          (b)  A lender may make, negotiate, arrange, and collect loans

18-12    by mail from a licensed office.

18-13          SUBCHAPTER C.  APPLICATION FOR AND ISSUANCE OF LICENSE

18-14          Art. 3A.201.  APPLICATION REQUIREMENTS.  (a)  The application

18-15    for a license under this chapter must:

18-16                (1)  be under oath;

18-17                (2)  give the approximate location from which business

18-18    is to be conducted;

18-19                (3)  identify the business's principal parties in

18-20    interest; and

18-21                (4)  contain other relevant information that the

18-22    commissioner requires for the findings required under Article

18-23    3A.204.

18-24          (b)  On the filing of one or more license applications, the

18-25    applicant shall pay to the commissioner an investigation fee of

18-26    $200.

18-27          (c)  On the filing of each license application, the applicant

18-28    shall pay to the commissioner for the license's year of issuance a

18-29    license fee of:

18-30                (1)  $100 if the license is granted not later than June

18-31    30; or

18-32                (2)  $50 if the license is granted after June 30.

18-33          Art. 3A.202.  BOND.  (a)  If the commissioner requires, an

18-34    applicant for a license under this chapter shall file with the

18-35    application a bond that is:

18-36                (1)  in an amount not to exceed the total of:

18-37                      (A)  $5,000 for the first license; and

18-38                      (B)  $1,000 for each additional license;

18-39                (2)  satisfactory to the commissioner; and

18-40                (3)  issued by a surety company qualified to do

18-41    business as a surety in this state.

18-42          (b)  The bond must be in favor of this state for the use of

18-43    this state and the use of a person who has a cause of action under

18-44    this chapter against the license holder.

18-45          (c)  The bond must be conditioned on:

18-46                (1)  the license holder's faithful performance under

18-47    this chapter and rules adopted under this chapter; and

18-48                (2)  the payment of all amounts that become due to the

18-49    state or another person under this chapter during the calendar year

18-50    for which the bond is given.

18-51          (d)  The aggregate liability of a surety to all persons

18-52    damaged by the license holder's violation of this chapter may not

18-53    exceed the amount of the bond.

18-54          Art. 3A.203.  INVESTIGATION OF APPLICATION.  On the filing of

18-55    an application and, if required, a bond, and on payment of the

18-56    required fees, the commissioner shall conduct an investigation to

18-57    determine whether to issue the license.

18-58          Art. 3A.204.  APPROVAL OR DENIAL OF APPLICATION.  (a)  The

18-59    commissioner shall approve the application and issue to the

18-60    applicant a license to make loans under this chapter if the

18-61    commissioner finds that:

18-62                (1)  the financial responsibility, experience,

18-63    character, and general fitness of the applicant are sufficient to:

18-64                      (A)  command the confidence of the public; and

18-65                      (B)  warrant the belief that the business will be

18-66    operated lawfully and fairly, within the purposes of this chapter;

18-67    and

18-68                (2)  the applicant has net assets of at least $25,000

18-69    available for the operation of the business.

 19-1          (b)  If the commissioner does not find the eligibility

 19-2    requirements of Subsection (a), the commissioner shall notify the

 19-3    applicant.

 19-4          (c)  If an applicant requests a hearing on the application

 19-5    not later than the 30th day after the date of notification under

 19-6    Subsection (b), the applicant is entitled to a hearing  not later

 19-7    than the 60th day after the date of the request.

 19-8          (d)  The commissioner shall approve or deny the application

 19-9    not later than the 60th day after the date of the filing of a

19-10    completed application with payment of the required fees, or if a

19-11    hearing is held, after the date of the completion of the hearing on

19-12    the application.  The commissioner and the applicant may agree to a

19-13    later date in writing.

19-14          Art. 3A.205.  DISPOSITION OF FEES ON DENIAL OF APPLICATION.

19-15    If the commissioner denies the application, the commissioner shall

19-16    retain the investigation fee and shall return to the applicant the

19-17    license fee submitted with the application.

19-18                          SUBCHAPTER D.  LICENSE

19-19          Art. 3A.251.  NAME AND PLACE ON LICENSE.  (a)  A license must

19-20    state:

19-21                (1)  the name of the license holder; and

19-22                (2)  the address of the office from which the business

19-23    is to be conducted.

19-24          (b)  A license holder may not conduct business under this

19-25    chapter under a name or at a place of business in this state other

19-26    than the name or office stated on the license.

19-27          Art. 3A.252.  LICENSE DISPLAY.  A license holder shall

19-28    display a license at the place of business provided on the license.

19-29          Art. 3A.253.  MINIMUM ASSETS FOR LICENSE.  (a)    Except as

19-30    provided by Subsection (b) or (c), a license holder shall maintain

19-31    for each office for which a license is held net assets of at least

19-32    $25,000 that are used or readily available for use in conducting

19-33    the business of that office.

19-34          (b)  A license holder who held a license under the Texas

19-35    Regulatory Loan Act and was issued a license to make loans under

19-36    that chapter as provided by Section 4, Chapter 274, Acts of the

19-37    60th Legislature, Regular Session, 1967, shall maintain for the

19-38    office for which that license is held net assets of at least

19-39    $15,000 that are used or readily available for use in conducting

19-40    the business of that office.

19-41          (c)  A license holder who paid the pawnbroker's occupational

19-42    tax for 1967 and was issued a license to make loans under that

19-43    chapter as provided by Section 4, Chapter 274, Acts of the 60th

19-44    Legislature, Regular Session, 1967, is exempt from the minimum

19-45    assets requirement of Subsection (a) for the office for which that

19-46    license is held.

19-47          (d)  If a license holder holds a license to which Subsection

19-48    (b) or (c) applies and subsequently transfers the license to

19-49    another person, the minimum assets required under Subsection (a)

19-50    shall apply to the license and the subsequent license holder.

19-51          Art. 3A.254.  ANNUAL LICENSE FEE.  (a)  Not later than

19-52    December 1, a license holder shall pay to the commissioner for each

19-53    license held an annual fee for the year beginning the next January

19-54    1.

19-55          (b)  The annual fee for a license under this chapter is $200

19-56    except that if, on September 30 preceding the date on which the

19-57    annual fee is due, the gross unpaid balance of loans regulated

19-58    under this chapter in the office for which the license is issued is

19-59    $100,000 or less, the annual fee is $100.

19-60          Art. 3A.255.  EXPIRATION OF LICENSE ON FAILURE TO PAY ANNUAL

19-61    FEE.  If the annual fee for a license is not paid before the 16th

19-62    day after the date on which the written notice of delinquency of

19-63    payment has been given to the license holder, the license expires

19-64    on the later of:

19-65                (1)  that day; or

19-66                (2)  December 31 of the last year for which an annual

19-67    fee was paid.

19-68          Art. 3A.256.  LICENSE SUSPENSION OR REVOCATION.  After notice

19-69    and a hearing the commissioner may suspend or revoke a license if

 20-1    the commissioner finds that:

 20-2                (1)  the license holder failed to pay the annual

 20-3    license fee, an examination fee, an investigation fee, or another

 20-4    charge imposed by the commissioner under this chapter;

 20-5                (2)  the license holder, knowingly or without the

 20-6    exercise of due care, violated this chapter or a rule adopted or

 20-7    order issued under this chapter; or

 20-8                (3)  a fact or condition exists that, if it had existed

 20-9    or had been known to exist at the time of the original application

20-10    for the license, clearly would have justified the commissioner's

20-11    denial of the application.

20-12          Art. 3A.257.  CORPORATE CHARTER FORFEITURE.  (a)  A license

20-13    holder who violates this chapter is subject to revocation of the

20-14    holder's license and, if the license holder is a corporation,

20-15    forfeiture of its charter.

20-16          (b)  When the attorney general is notified of a violation of

20-17    this chapter and revocation of a license, the attorney general

20-18    shall file suit in a district court in Travis County, if the

20-19    license holder is a corporation, for forfeiture of the license

20-20    holder's charter.

20-21          Art. 3A.258.  LICENSE SUSPENSION OR REVOCATION FILED WITH

20-22    PUBLIC RECORDS.  The decision of the commissioner on the suspension

20-23    or revocation of a license and the evidence considered by the

20-24    commissioner in making the decision shall be filed in the public

20-25    records of the commissioner.

20-26          Art. 3A.259.  REINSTATEMENT OF SUSPENDED LICENSE; ISSUANCE OF

20-27    NEW LICENSE AFTER REVOCATION.  The commissioner may reinstate a

20-28    suspended license or issue a new license on application to a person

20-29    whose license has been revoked if at the time of the reinstatement

20-30    or issuance no fact or condition exists that clearly would have

20-31    justified the commissioner's denial of an original application for

20-32    the license.

20-33          Art. 3A.260.  SURRENDER OF LICENSE.  A license holder may

20-34    surrender a license issued under this chapter by delivering to the

20-35    commissioner:

20-36                (1)  the license; and

20-37                (2)  a written notice of the license's surrender.

20-38          Art. 3A.261.  EFFECT OF LICENSE SUSPENSION, REVOCATION, OR

20-39    SURRENDER.  (a)  The suspension, revocation, or surrender of a

20-40    license issued under this chapter does not affect the obligation of

20-41    a contract between the license holder and a debtor entered into

20-42    before the revocation, suspension, or surrender.

20-43          (b)  Surrender of a license does not affect the license

20-44    holder's civil or criminal liability for an act committed before

20-45    surrender.

20-46          Art. 3A.262.  MOVING AN OFFICE.  (a)  A license holder shall

20-47    give written notice to the commissioner before the 30th day

20-48    preceding the date the license holder moves an office from the

20-49    location provided on the license.

20-50          (b)  The commissioner shall amend a holder's license

20-51    accordingly.

20-52          Art. 3A.263.  TRANSFER OR ASSIGNMENT OF LICENSE.  A license

20-53    may be transferred or assigned only with the approval of the

20-54    commissioner.

20-55        SUBCHAPTER E.  INTEREST CHARGES ON NON-REAL PROPERTY LOANS

20-56          Art. 3A.301.  MAXIMUM INTEREST CHARGE.  (a)  A loan contract

20-57    under this chapter that is a regular transaction and is not secured

20-58    by real property may provide for an interest charge on the cash

20-59    advance that does not exceed the amount of add-on interest equal to

20-60    the amount computed for the full term of the contract at an add-on

20-61    interest amount equal to:

20-62                (1)  $18 for each $100 per year on the part of the cash

20-63    advance that is less than or equal to the amount computed under

20-64    Article 2.08, using the reference base amount of $300; and

20-65                (2)  $8 for each $100 per year on the part of the cash

20-66    advance that is more than the amount computed for Subdivision (1)

20-67    but less than or equal to an amount computed under Article 2.08,

20-68    using the reference base amount of $2,500.

20-69          (b)  For the purpose of Subsection (a):

 21-1                (1)  when the loan is made an interest charge may be

 21-2    computed for the full term of the loan contract;

 21-3                (2)  if the period before the first installment due

 21-4    date includes a part of a month that is longer than 15 days, then

 21-5    that portion of a month may be considered a full month; and

 21-6                (3)  if a loan contract provides for precomputed

 21-7    interest, the amount of the loan is the total of:

 21-8                      (A)  the cash advance; and

 21-9                      (B)  the amount of precomputed interest.

21-10          (c)  A loan contract under this chapter that is an irregular

21-11    transaction and is not secured by real property may provide for an

21-12    interest charge, using any method or formula, that does not exceed

21-13    the amount that, having due regard for the schedule of installment

21-14    payments, would produce the same effective return as allowed under

21-15    Subsection (a) if the loan were payable in equal successive monthly

21-16    installments beginning one month from the date of the contract.

21-17          (d)  A loan contract under this chapter that is not secured

21-18    by real property may provide for a rate or amount of interest

21-19    computed using the true daily earnings method or the scheduled

21-20    installment earnings method that does not exceed the alternative

21-21    interest rate as computed under Subchapter A, Chapter 1D.  Interest

21-22    may accrue on the principal balance and amounts added to principal

21-23    after the date of the loan contract from time to time unpaid at the

21-24    rate provided for by the contract until the date of payment in full

21-25    or demand for payment in full.

21-26          Art. 3A.302.  MAXIMUM CHARGE FOR LOAN WITH SINGLE REPAYMENT.

21-27    A loan contract that exceeds the maximum cash advance of Article

21-28    3A.401 and that is payable in a single installment may provide for

21-29    an interest charge on the cash advance that does not exceed a rate

21-30    or amount that would produce the same effective return as allowed

21-31    under Article 3A.301 having due consideration for the amount and

21-32    term of the loan.  If a loan under this article is prepaid in full,

21-33    the lender may earn a minimum interest charge of $25.

21-34          Art. 3A.303.  ADDITIONAL INTEREST FOR DEFAULT: REGULAR

21-35    TRANSACTION.  (a)  A loan contract that includes precomputed

21-36    interest and that is a regular transaction may provide for

21-37    additional interest for default if any part of an installment

21-38    remains unpaid after the 10th day after the date on which the

21-39    installment is due, including Sundays and holidays.

21-40          (b)  A loan contract that uses the scheduled installment

21-41    earnings method and that is a regular transaction may provide for

21-42    additional interest for default if any part of an installment

21-43    remains unpaid after the 10th day after the date on which the

21-44    installment is due, including Sundays and holidays.

21-45          (c)  The additional interest may not exceed five cents for

21-46    each $1 of a scheduled installment.

21-47          (d)  Interest under this article may not be collected more

21-48    than once on the same installment.

21-49          Art. 3A.304.  ADDITIONAL INTEREST FOR INSTALLMENT DEFERMENT:

21-50    REGULAR TRANSACTION.  (a)  On a loan contract that includes

21-51    precomputed interest and is a regular transaction, an authorized

21-52    lender may charge additional interest for the deferment of an

21-53    installment if:

21-54                (1)  the entire amount of the installment is unpaid;

21-55                (2)  no interest for default has been collected on the

21-56    installment; and

21-57                (3)  payment of the installment is deferred for one or

21-58    more full months and the maturity of the contract is extended for a

21-59    corresponding period.

21-60          (b)  The interest for deferment under Subsection (a) may not

21-61    exceed the amount computed by:

21-62                (1)  taking the difference between the refund that

21-63    would be required for prepayment in full as of the date of

21-64    deferment and the refund that would be required for prepayment in

21-65    full one month before the date of deferment; and

21-66                (2)  multiplying the results under Subdivision (1) by

21-67    the number of months in the deferment period.

21-68          (c)  The amount of interest applicable to each deferred

21-69    balance or installment period occurring after a deferment period

 22-1    remains the amount applicable to that balance or period under the

 22-2    original loan contract.

 22-3          (d)  If a loan is prepaid in full during the deferment

 22-4    period, the borrower shall receive, in addition to the refund

 22-5    required under Subchapter H, a pro rata refund of that part of the

 22-6    interest for deferment applicable to the number of full months

 22-7    remaining in the deferment period on the payment date.

 22-8          (e)  For the purposes of this article, a deferment period is

 22-9    the period during which a payment is not required or made because

22-10    of the deferment and begins on the day after the due date of the

22-11    scheduled installment that precedes the first installment being

22-12    deferred.

22-13          Art. 3A.305.  COLLECTION OF DEFAULT OR DEFERMENT INTEREST.

22-14    Interest for default under Article 3A.303 or for installment

22-15    deferment under Article 3A.304 may be collected when it accrues or

22-16    at any time after it accrues.

22-17          Art. 3A.306.  ADDITIONAL INTEREST FOR DEFAULT:  IRREGULAR

22-18    TRANSACTION.  A loan contract that includes precomputed interest

22-19    and that is an irregular transaction may provide for additional

22-20    interest for default using the true daily earnings method for the

22-21    period from the maturity date of an installment until the date the

22-22    installment is paid.  The rate of the additional interest may not

22-23    exceed the maximum contract interest rate.

22-24            SUBCHAPTER F.  ALTERNATE CHARGES FOR CERTAIN LOANS

22-25          Art. 3A.401.  MAXIMUM CASH ADVANCE.  The maximum cash advance

22-26    of a loan made under this subchapter is an amount computed under

22-27    Article 2.08, using the reference base amount of $100.

22-28          Art. 3A.402.  ALTERNATE INTEREST CHARGE.  Instead of the

22-29    charges authorized by Article 3A.301, a loan contract may provide

22-30    for:

22-31                (1)  on a cash advance of less than $30, an acquisition

22-32    charge that is not more than $1 for each $5 of the cash advance;

22-33                (2)  on a cash advance equal to or more than $30 but

22-34    not more than $100:

22-35                      (A)  an acquisition charge that is not more than

22-36    the amount equal to one-tenth of the amount of the cash advance;

22-37    and

22-38                      (B)  an installment account handling charge that

22-39    is not more than:

22-40                            (i)  $3 a month if the cash advance is not

22-41    more than $35;

22-42                            (ii)  $3.50 a month if the cash advance is

22-43    more than $35 but not more than $70; or

22-44                            (iii)  $4 a month if the cash advance is

22-45    more than $70; or

22-46                (3)  on a cash advance of more than $100:

22-47                      (A)  an acquisition charge that is not more than

22-48    $10; and

22-49                      (B)  an installment account handling charge that

22-50    is not more than the ratio of $4 a month for each $100 of cash

22-51    advance.

22-52          Art. 3A.403.  MAXIMUM INTEREST CHARGE FOR LOAN WITH SINGLE

22-53    REPAYMENT.  A loan contract to which Article 3A.401 applies and

22-54    that is payable in a single installment may provide for an

22-55    acquisition charge and an interest charge on the cash advance that

22-56    does not exceed a rate or amount that would produce the same

22-57    effective return as allowed under Article 3A.402 having due

22-58    consideration for the amount and term of the loan.  If a loan under

22-59    this article is prepaid in full, the lender may earn a minimum of

22-60    the acquisition charge and interest charge for one month.

22-61          Art. 3A.404.  NO OTHER CHARGES AUTHORIZED.  (a)  On a loan

22-62    made under this subchapter a lender may not contract for, charge,

22-63    or receive an amount unless this subchapter authorizes the amount

22-64    to be charged.

22-65          (b)  An insurance charge is not authorized on a loan made

22-66    under this subchapter.

22-67          Art. 3A.405.  MAXIMUM LOAN TERM.  The maximum term of a loan

22-68    made under this subchapter is:

22-69                (1)  for a loan of $100 or less the lesser of:

 23-1                      (A)  one month for each multiple of $10 of cash

 23-2    advance; or

 23-3                      (B)  six months; and

 23-4                (2)  for a loan of more than $100, one month for each

 23-5    multiple of $20 of cash advance.

 23-6          Art. 3A.406.  REFUND.  (a)  An acquisition charge authorized

 23-7    under Article 3A.402(1) or (2) is considered to be earned at the

 23-8    time a loan is made and is not subject to refund.

 23-9          (b)  On the prepayment of a loan with a cash advance of $30

23-10    or more but not more than $100, the installment account handling

23-11    charge authorized under Article 3A.402(2) is subject to refund in

23-12    accordance with Subchapter H.

23-13          (c)  On the prepayment of a loan with a cash advance of more

23-14    than $100, the acquisition charge and the installment account

23-15    handling charge authorized under Article 3A.402(3) are subject to

23-16    refund in accordance with Subchapter H.

23-17          Art. 3A.407.  DEFAULT CHARGE; DEFERMENT OF PAYMENT.  The

23-18    provisions of Subchapter E relating to additional interest for

23-19    default and additional interest for the deferment of installments

23-20    apply to a loan made under this subchapter.

23-21          Art. 3A.408.  SCHEDULES FOR WEEKLY, BIWEEKLY, OR SEMIMONTHLY

23-22    INSTALLMENTS.  The commissioner may prepare schedules that may be

23-23    used by an authorized lender for the repayment of a loan made under

23-24    this subchapter by weekly, biweekly, or semimonthly installments.

23-25           SUBCHAPTER G. INTEREST AND OTHER CHARGES ON SECONDARY

23-26                              MORTGAGE LOANS

23-27          Art. 3A.501.  MAXIMUM INTEREST CHARGE.  (a)  A secondary

23-28    mortgage loan that is a regular transaction may provide for an

23-29    interest charge on the cash advance that is precomputed and that

23-30    does not exceed a rate or amount that would produce the same

23-31    effective return as allowed under Subchapter A, Chapter 1D.

23-32          (b)  For the purpose of Subsection (a):

23-33                (1)  when the loan is made an interest charge may be

23-34    computed for the full term of the loan contract;

23-35                (2)  if the period before the first installment due

23-36    date includes a part of a month that is longer than 15 days, that

23-37    portion of a month may be considered a full month; and

23-38                (3)  if a loan contract provides for precomputed

23-39    interest, the amount of the loan is the total of:

23-40                      (A)  the cash advance; and

23-41                      (B)  the amount of precomputed interest.

23-42          (c)  A secondary mortgage loan may provide for a rate or

23-43    amount of interest calculated using the true daily earnings method

23-44    or the scheduled installment earnings method that does not exceed

23-45    the alternative rate ceiling in Subchapter A, Chapter 1D.  Interest

23-46    may accrue on the principal balance and amounts added to principal

23-47    after the date of the loan contract from time to time unpaid at the

23-48    rate provided for by the contract until the date of payment in full

23-49    or demand for payment in full.  An interest charge under this

23-50    subsection may not be precomputed.

23-51          Art. 3A.502.  ADDITIONAL INTEREST FOR DEFAULT:  REGULAR

23-52    TRANSACTION.  (a)  A secondary mortgage loan that includes

23-53    precomputed interest and that is a regular transaction may provide

23-54    for additional interest for default if any part of an installment

23-55    remains unpaid after the 10th day after the date on which the

23-56    installment is due, including Sundays and holidays.

23-57          (b)  A secondary mortgage loan contract that uses the

23-58    scheduled installment earnings method and that is a regular

23-59    transaction may provide for additional interest for default if any

23-60    part of an installment remains unpaid after the 10th day after the

23-61    date on which the installment is due, including Sundays and

23-62    holidays.

23-63          (c)  The additional interest for default may not exceed five

23-64    cents for each $1 of a scheduled installment.

23-65          (d)  Interest under this article may not be collected more

23-66    than once on the same installment.

23-67          Art. 3A.503.  ADDITIONAL INTEREST FOR INSTALLMENT DEFERMENT:

23-68    REGULAR TRANSACTIONS.  (a)  On a secondary mortgage loan that

23-69    includes precomputed interest and is a regular transaction, an

 24-1    authorized lender may charge additional interest for the deferment

 24-2    of an installment if:

 24-3                (1)  the entire amount of the installment is unpaid;

 24-4                (2)  no interest for default has been collected on the

 24-5    installment; and

 24-6                (3)  payment of the installment is deferred for one or

 24-7    more full months and the maturity of the contract is extended for a

 24-8    corresponding period.

 24-9          (b)  The interest for deferment under Subsection (a) may not

24-10    exceed the amount computed by:

24-11                (1)  taking the difference between the refund that

24-12    would be required for prepayment in full as of the date of

24-13    deferment and the refund that would be required for prepayment in

24-14    full one month before the date of deferment; and

24-15                (2)  multiplying the results under Subdivision (1) by

24-16    the number of months in the deferment period.

24-17          (c)  The amount of interest applicable to each deferred

24-18    balance or installment period occurring after a deferment period

24-19    remains the amount applicable to that balance or period under the

24-20    original loan contract.

24-21          (d)  If a loan is prepaid in full during the deferment

24-22    period, the borrower shall receive, in addition to the refund

24-23    required under Subchapter H, a pro rata refund of that part of the

24-24    interest for deferment applicable to the number of full months

24-25    remaining in the deferment period on the payment date.

24-26          (e)  For the purposes of this article, a deferment period is

24-27    the period during which a payment is not required or made because

24-28    of the deferment and begins on the day after the due date of the

24-29    scheduled installment that precedes the first installment being

24-30    deferred.

24-31          Art. 3A.504.  COLLECTION OF DEFAULT OR DEFERMENT INTEREST.

24-32    Interest for default under Article 3A.502 or for installment

24-33    deferment under Article 3A.503 may be collected when it accrues or

24-34    at any time after it accrues.

24-35          Art. 3A.505.  ADDITIONAL INTEREST FOR DEFAULT:  IRREGULAR

24-36    TRANSACTION.  A secondary mortgage loan that includes precomputed

24-37    interest and that is an irregular transaction may provide for

24-38    additional interest for default using the true daily earnings

24-39    method for the period from the maturity date of an installment

24-40    until the date the installment is paid.  The rate of the additional

24-41    interest may not exceed the maximum contract interest rate.

24-42          Art. 3A.506.  DATE OF FIRST SCHEDULED INSTALLMENT.  On a

24-43    secondary mortgage loan made under this chapter the due date of the

24-44    first installment may not be scheduled later than three months

24-45    after the date of the loan.

24-46          Art. 3A.507.  AMOUNTS AUTHORIZED TO BE INCLUDED IN CONTRACT.

24-47    A secondary mortgage loan contract may provide for:

24-48                (1)  reasonable fees or charges paid to the trustee in

24-49    connection with a deed of trust or similar instrument executed in

24-50    connection with the secondary mortgage loan, including fees for

24-51    enforcing the lien against or posting for sale, selling, or

24-52    releasing the property secured by the deed of trust;

24-53                (2)  reasonable fees paid to an attorney who is not an

24-54    employee of the creditor in the collection of a delinquent

24-55    secondary mortgage loan;

24-56                (3)  court costs and fees incurred in the collection of

24-57    the loan or foreclosure of a lien created by the loan; or

24-58                (4)  a fee that does not exceed $15 for the return by a

24-59    depository institution of a dishonored check, negotiable order of

24-60    withdrawal, or share draft offered in full or partial payment of a

24-61    secondary mortgage loan.

24-62          Art. 3A.508.  AMOUNTS AUTHORIZED TO BE COLLECTED OR ADDED TO

24-63    LOAN.  (a)  A lender or a person who is assigned a secondary

24-64    mortgage loan may collect on or before the closing of the loan, or

24-65    include in the principal of the loan:

24-66                (1)  reasonable fees for:

24-67                      (A)  title examination and preparation of an

24-68    abstract of title by:

24-69                            (i)  an attorney who is not an employee of

 25-1    the lender; or

 25-2                            (ii)  a title company or property search

 25-3    company authorized to do business in this state; or

 25-4                      (B)  premiums or fees for title insurance or

 25-5    title search for the benefit of the mortgagee and, at the

 25-6    mortgagor's option, for title insurance or title search for the

 25-7    benefit of the mortgagor;

 25-8                (2)  reasonable fees charged to the lender by an

 25-9    attorney who is not a salaried employee of the lender for

25-10    preparation of the loan documents in connection with the mortgage

25-11    loan if the fees are evidenced by a statement for services rendered

25-12    addressed to the lender;

25-13                (3)  charges prescribed by law that are paid to public

25-14    officials for determining the existence of a security interest or

25-15    for perfecting, releasing, or satisfying a security interest;

25-16                (4)  reasonable fees for an appraisal of real property

25-17    offered as security for the loan prepared by a certified appraiser

25-18    who is not a salaried employee of the lender;

25-19                (5)  the reasonable cost of a credit report;

25-20                (6)  reasonable fees for a survey of real property

25-21    offered as security for the loan prepared by a registered surveyor

25-22    who is not a salaried employee of the lender;

25-23                (7)  the premiums received in connection with the sale

25-24    of credit life insurance, credit accident and health insurance, or

25-25    other insurance that protects the mortgagee against default by the

25-26    mortgagor, the benefits of which are applied in whole or in part to

25-27    reduce or extinguish the loan balance; and

25-28                (8)  reasonable fees relating to real property offered

25-29    as security for the loan that are incurred to comply with a

25-30    federally mandated program if the collection of the fees or the

25-31    participation in the program is required by a federal agency.

25-32          (b)  Premiums for property insurance that conforms with

25-33    Article 3A.701 may be added to the loan contract.

25-34               SUBCHAPTER H.  REFUND OF PRECOMPUTED INTEREST

25-35          Art. 3A.601.  REFUND OF PRECOMPUTED INTEREST:  REGULAR

25-36    TRANSACTION.  (a)  This article applies to a loan contract that

25-37    includes precomputed interest and that is a regular transaction.

25-38          (b)  If the contract is prepaid in full, including payment in

25-39    cash or by a new loan or renewal of the loan, or if the lender

25-40    demands payment in full of the unpaid balance, after the first

25-41    installment due date but before the final installment due date, the

25-42    lender shall refund or credit to the borrower the amount computed

25-43    by:

25-44                (1)  dividing the sum of the periodic balances

25-45    scheduled to follow the installment date after the date of the

25-46    prepayment or demand, as appropriate, by the sum of all the

25-47    periodic balances under the schedule of payments set out in the

25-48    loan contract; and

25-49                (2)  multiplying the total interest contracted for

25-50    under Article 3A.301, 3A.402, or 3A.501, as appropriate, by the

25-51    result under Subdivision (1).

25-52          (c)  If the prepayment in full or demand for payment in full

25-53    occurs before the first installment due date, the lender shall:

25-54                (1)  retain an amount computed by:

25-55                      (A)  dividing 30 into the amount that could be

25-56    retained if the first installment period were one month and the

25-57    loan were prepaid in full on the date the first installment is due;

25-58    and

25-59                      (B)  multiplying the result under Paragraph (A)

25-60    by the number of days in the period beginning on the date the loan

25-61    was made and ending on the date of the prepayment or demand; and

25-62                (2)  refund or credit to the borrower the amount

25-63    computed by subtracting the amount retained under Subdivision (1)

25-64    from the interest contracted for under Article 3A.301, 3A.402, or

25-65    3A.501, as appropriate.

25-66          Art. 3A.602.  REFUND OF PRECOMPUTED INTEREST ON CONTRACT:

25-67    IRREGULAR TRANSACTION OR TERM OF MORE THAN 60 MONTHS.  (a)  This

25-68    article applies to a loan contract that:

25-69                (1)  includes precomputed interest and to which Article

 26-1    3A.601 does not apply; or

 26-2                (2)  has a term of more than 60 months.

 26-3          (b)  If the contract is prepaid in full, including payment in

 26-4    cash or by a new loan or renewal of the loan, or if the lender

 26-5    demands payment in full of the unpaid balance before final maturity

 26-6    of the contract, the lender earns interest for the period beginning

 26-7    on the date of the loan and ending on the date of the prepayment or

 26-8    demand, as applicable, an amount that does not exceed the amount

 26-9    allowed by Subsection (f) using the simple annual interest rate

26-10    under the contract.

26-11          (c)  If prepayment in full or demand for payment in full

26-12    occurs during an installment period, the lender may retain, in

26-13    addition to interest that accrued during any elapsed installment

26-14    periods, an amount computed by:

26-15                (1)  multiplying the simple annual interest rate under

26-16    the contract by the unpaid principal balance of the loan determined

26-17    according to the schedule of payments to be outstanding on the

26-18    immediately preceding installment due date;

26-19                (2)  dividing 365 into the product under Subdivision

26-20    (1); and

26-21                (3)  multiplying the number of days in the period

26-22    beginning on the day after the installment due date and ending on

26-23    the date of the prepayment or demand, as appropriate, by the result

26-24    obtained under Subdivision (2).

26-25          (d)  The lender may also earn interest on an addition to

26-26    principal, or other  permissible charges, added to the loan after

26-27    the date of the loan contract, accruing at the simple annual

26-28    interest rate under the contract from the date of the addition

26-29    until the date paid or the date the lender demands payment in full

26-30    of the total unpaid balance under the loan contract.

26-31          (e)  The lender shall refund or credit to the borrower the

26-32    amount computed by subtracting the total amount retained under

26-33    Subsections (b), (c), and (d) from the total amount of interest

26-34    contracted for and precomputed in the amount of loan.

26-35          (f)  For the purposes of this article, the simple annual

26-36    interest rate under a contract is equal to the rate that the

26-37    contract would have produced over its full term if, assuming that

26-38    each scheduled payment under the contract is paid on the date due

26-39    and considering the amount of each scheduled installment and the

26-40    time of each scheduled installment period, the rate were applied to

26-41    the unpaid principal amounts determined to be outstanding from time

26-42    to time according to the schedule of payments.

26-43          Art. 3A.603.  NO REFUND ON PARTIAL PREPAYMENT OR OF AMOUNT

26-44    LESS THAN $1.  A refund is not required under this subchapter for a

26-45    partial prepayment or if the amount to be refunded is less than $1.

26-46                         SUBCHAPTER I.  INSURANCE

26-47          Art. 3A.701.  REQUIRED PROPERTY INSURANCE.  (a)  On a loan

26-48    that is subject to Subchapter E with a cash  advance of $300 or

26-49    more, a lender may request or require a borrower to insure tangible

26-50    personal property offered as security for the loan.

26-51          (b)  On a secondary mortgage loan, a lender may request or

26-52    require a borrower to provide property insurance as security

26-53    against reasonable risks of loss, damage, and destruction.

26-54          (c)  The insurance coverage and the premiums or charges for

26-55    the coverage must bear a reasonable relationship to:

26-56                (1)  the amount, term, and conditions of the loan;

26-57                (2)  the value of the collateral; and

26-58                (3)  the existing hazards or risk of loss, damage, or

26-59    destruction.

26-60          (d)  The insurance may not:

26-61                (1)  cover unusual or exceptional risks; or

26-62                (2)  provide coverage not ordinarily included in

26-63    policies issued to the general public.

26-64          (e)  A creditor may not require the purchase of duplicate

26-65    property insurance if the creditor has knowledge that the borrower:

26-66                (1)  has valid and collectible insurance covering the

26-67    property; and

26-68                (2)  has provided a loss payable endorsement sufficient

26-69    to protect the creditor.

 27-1          (f)  For purposes of determining the knowledge required under

 27-2    Subsection (e), a creditor may rely on a written consent to

 27-3    purchase insurance in which the borrower is given the opportunity

 27-4    to disclose the existence of other coverage.

 27-5          Art. 3A.702.  CREDIT LIFE INSURANCE, CREDIT HEALTH AND

 27-6    ACCIDENT INSURANCE, OR INVOLUNTARY UNEMPLOYMENT INSURANCE.  (a)  On

 27-7    a loan made under this chapter that is subject to Subchapter E with

 27-8    a cash advance of $100 or more, a lender may:

 27-9                (1)  offer or request that a borrower provide credit

27-10    life insurance and credit health and accident insurance as

27-11    additional protection for the loan; and

27-12                (2)  offer involuntary unemployment insurance to the

27-13    borrower at the time the loan is made.

27-14          (b)  A lender may not require that the borrower accept or

27-15    provide the insurance described by Subsection (a).

27-16          (c)  On a secondary mortgage loan made under this chapter, a

27-17    lender may request or require that a borrower provide credit life

27-18    insurance and credit accident and health insurance as additional

27-19    protection for the loan.

27-20          Art. 3A.703.  MAXIMUM AMOUNT OF INSURANCE COVERAGE.  (a)  At

27-21    any time the total amount of the policies of credit life insurance

27-22    in force on one borrower on one loan contract may not exceed the

27-23    greater of:

27-24                (1)  the total amount repayable under the loan contract

27-25    if the loan is an irregular transaction; or

27-26                (2)  the greater of the scheduled or actual amount of

27-27    unpaid indebtedness if the loan is a regular transaction.

27-28          (b)  At any time the total amount of the policies of credit

27-29    accident and health insurance or involuntary unemployment insurance

27-30    in force on one borrower on one loan contract may not exceed the

27-31    total amount repayable under the loan contract, and the amount of

27-32    each periodic indemnity payment may not exceed the scheduled

27-33    periodic installment payment on the loan.

27-34          Art. 3A.704.  INSURANCE NOTICE.  (a)  If insurance is

27-35    required on a loan made under this chapter, the lender shall give

27-36    to the borrower written notice that clearly and conspicuously

27-37    states that:

27-38                (1)  insurance is required in connection with the loan;

27-39    and

27-40                (2)  the borrower as an option may furnish the required

27-41    insurance coverage through an insurance policy that is in existence

27-42    and that is owned or controlled by the borrower or an insurance

27-43    policy obtained from an insurance company authorized to do business

27-44    in this state.

27-45          (b)  If insurance requested or required on a loan made under

27-46    this chapter is sold or obtained by a lender at a premium or rate

27-47    of charge that is not fixed or approved by the commissioner of

27-48    insurance, the lender shall notify the borrower of that fact.  If

27-49    notice is required under Subsection (a), the lender shall include

27-50    that fact in the notice required by Subsection (a).

27-51          (c)  A notice required under this article may be:

27-52                (1)  a separate writing delivered with the loan

27-53    contract; or

27-54                (2)  a part of the loan contract.

27-55          Art. 3A.705.  INSURANCE MAY BE FURNISHED BY BORROWER.

27-56    (a)  If insurance is required on a loan made under this chapter,

27-57    the borrower may furnish the insurance coverage through an

27-58    insurance policy that is in existence and that is owned or

27-59    controlled by the borrower or an insurance policy obtained by the

27-60    borrower from an insurance company authorized to do business in

27-61    this state.

27-62          (b)  If  insurance is required on a loan made under this

27-63    chapter and the insurance is sold or obtained by the lender at a

27-64    premium or rate of charge that is not fixed or approved by the

27-65    commissioner of insurance, the borrower has the option of

27-66    furnishing the required insurance under this article at any time

27-67    before the sixth day after the date of the loan.

27-68          Art. 3A.706.  BORROWER'S FAILURE TO PROVIDE REQUIRED

27-69    INSURANCE.  (a)  If a borrower fails to obtain or maintain

 28-1    insurance coverage required under a loan contract or requests the

 28-2    lender to obtain that coverage, the lender may obtain substitute

 28-3    insurance coverage that is substantially equivalent to or more

 28-4    limited than the coverage originally required.

 28-5          (b)  If a loan is subject to Subchapter E, the lender may

 28-6    obtain insurance to cover only the interest of the lender as a

 28-7    secured party if the borrower does not request that the borrower's

 28-8    interest be covered.

 28-9          (c)  Insurance obtained under this article must comply with

28-10    Articles 3A.707 and 3A.708.

28-11          (d)  The lender may add the amount advanced by the lender for

28-12    insurance coverage obtained under this article to the unpaid

28-13    balance of the loan contract and may charge interest on that amount

28-14    from the time it is added to the unpaid balance until it is paid.

28-15    The rate of additional interest may not exceed the rate that the

28-16    loan contract would produce over its full term if each scheduled

28-17    payment were paid on the due date.

28-18          Art. 3A.707.  REQUIREMENTS FOR INCLUDING INSURANCE CHARGE IN

28-19    CONTRACT.  Insurance for which a charge is included in a loan

28-20    contract must be written:

28-21                (1)  at lawful rates;

28-22                (2)  in accordance with the Insurance Code; and

28-23                (3)  by a company authorized to do business in this

28-24    state.

28-25          Art. 3A.708.  FURNISHING OF INSURANCE DOCUMENT TO BORROWER.

28-26    If a lender obtains insurance for which a charge is included in the

28-27    loan contract, the lender, not later than the 30th day after the

28-28    date on which the loan contract is executed, shall deliver, mail,

28-29    or cause to be mailed to the borrower at the borrower's address

28-30    specified in the contract one or more policies or certificates of

28-31    insurance that clearly set forth:

28-32                (1)  the amount of the premium;

28-33                (2)  the kind of insurance provided;

28-34                (3)  the coverage of the insurance; and

28-35                (4)  all terms, including options, limitations,

28-36    restrictions, and conditions, of each insurance policy.

28-37          Art. 3A.709.  LENDER'S DUTY IF INSURANCE IS ADJUSTED OR

28-38    TERMINATED.  (a)  If insurance for which a charge is included in or

28-39    added to the loan contract is canceled, adjusted, or terminated,

28-40    the lender shall:

28-41                (1)  credit to the amount unpaid on the loan the amount

28-42    of the refund received by the lender for unearned insurance

28-43    premiums, less the amount of the refund that is applied to the

28-44    purchase by the lender of similar insurance; and

28-45                (2)  if the amount to be credited under Subdivision (1)

28-46    is more than the unpaid balance, refund promptly to the borrower

28-47    the difference between those amounts.

28-48          (b)  A cash refund is not required under this article if the

28-49    amount of the refund is less than $1.

28-50          Art. 3A.710.  PAYMENT FOR INSURANCE FROM LOAN PROCEEDS.  A

28-51    lender, including an officer, agent, or employee of the lender, who

28-52    accepts insurance under this subchapter as protection for a loan:

28-53                (1)  may deduct the premium or identifiable charge for

28-54    the insurance from the proceeds of the loan; and

28-55                (2)  shall pay the deducted amounts to the insurance

28-56    company writing the insurance.

28-57          Art. 3A.711.  INSURANCE GAIN NOT INTEREST.  Any gain, or

28-58    advantage to the lender or the lender's employee, officer,

28-59    director, agent, general agent, affiliate, or associate from

28-60    insurance under this subchapter or the provision or sale of

28-61    insurance under this subchapter is not additional interest or an

28-62    additional charge in connection with a loan made under this chapter

28-63    except as specifically provided by this chapter.

28-64          Art. 3A.712.  ACTION UNDER SUBCHAPTER NOT SALE OF INSURANCE.

28-65    Arranging for insurance or collecting an identifiable charge as

28-66    authorized by this subchapter is not a sale of insurance.

28-67          Art. 3A.713.  REQUIRED AGENT OR BROKER PROHIBITED.  A lender

28-68    may not by any direct or indirect method require the purchase of

28-69    insurance from an agent or broker designated by the lender.

 29-1          Art. 3A.714.  DECLINATION OF EQUAL INSURANCE COVERAGE

 29-2    PROHIBITED.  A lender may not decline at any time existing

 29-3    insurance coverage providing substantially equal benefits that

 29-4    comply with this subchapter.

 29-5          Art. 3A.715.  EFFECT OF UNAUTHORIZED INSURANCE CHARGE.

 29-6    (a)  If a lender charges for insurance an amount that is not

 29-7    authorized under this subchapter, the lender:

 29-8                (1)  is not entitled to collect an amount for insurance

 29-9    or interest on an amount for insurance; and

29-10                (2)  shall refund to the borrower or credit to the

29-11    borrower's account all amounts collected for insurance and interest

29-12    collected on those amounts.

29-13          (b)  An overcharge that results from an accidental or bona

29-14    fide error may be corrected as provided by Article 8.01.

29-15          (c)  The remedy provided by this article is not exclusive of

29-16    any other remedy or penalty provided by this subtitle.

29-17          Art. 3A.716.  NONFILING INSURANCE.  (a)  Instead of charging

29-18    fees for the filing, recording, and releasing of a document

29-19    securing a loan to which Subchapter E applies, an authorized lender

29-20    may include in the loan contract a charge for a nonfiling insurance

29-21    premium.

29-22          (b)  The amount of a charge under Subsection (a) may not

29-23    exceed the amount of fees authorized for filing and recording an

29-24    original financing statement in the standard form prescribed by the

29-25    secretary of state.

29-26          (c)  A lender may receive an amount authorized under this

29-27    article only if the lender purchases nonfiling insurance in

29-28    connection with the loan contract.

29-29          (d)  A lender is not required to furnish to a borrower a

29-30    policy or certificate of insurance evidencing nonfiling insurance.

29-31          SUBCHAPTER J.  AUTHORIZED LENDER'S DUTIES AND AUTHORITY

29-32          Art. 3A.801.  DELIVERY OF INFORMATION TO BORROWER.  (a)  When

29-33    a loan is made under this chapter, the lender shall deliver to the

29-34    borrower, or to one borrower if there is more than one, a copy of

29-35    each document signed by the borrower, including the note or loan

29-36    contract, and a written statement in English that contains:

29-37                (1)  the names and addresses of the borrower and the

29-38    lender; and

29-39                (2)  any type of insurance for which a charge is

29-40    included in the loan contract and the charge to the borrower for

29-41    the insurance.

29-42          (b)  If the note or loan contract shows the information

29-43    required by Subsection (a), the written statement is not required.

29-44          Art. 3A.802.  RECEIPT FOR CASH PAYMENT.  A lender shall give

29-45    a receipt to a person making a cash payment on a loan.

29-46          Art. 3A.803.  ACCEPTANCE OF PREPAYMENT.  At any time during

29-47    regular business hours, the lender shall accept prepayment of a

29-48    loan in full or, if the amount tendered is less than the amount

29-49    required to prepay the loan in full, prepayment of an amount equal

29-50    to one or more full installments.

29-51          Art. 3A.804.  RETURN OF INSTRUMENTS TO BORROWER ON REPAYMENT.

29-52    Within a reasonable time after a loan is repaid in full or an

29-53    open-end account is terminated according to the terms of the

29-54    contract, a lender shall cancel and return to a borrower any

29-55    instrument, including a note, assignment, security agreement, or

29-56    mortgage, or pledged property that:

29-57                (1)  secured the loan; and

29-58                (2)  does not secure another indebtedness of the

29-59    borrower to the lender.

29-60          Art. 3A.805.  AGREEMENT FOR MORE THAN ONE LOAN OR CASH

29-61    ADVANCE.  (a)  A lender and a borrower may enter an agreement under

29-62    which one or more loans or cash advances are from time to time made

29-63    to or for the account of the borrower.

29-64          (b)  An agreement under this article may provide for a

29-65    maximum loan charge on the unpaid principal amounts from time to

29-66    time outstanding at a rate that does not exceed the rate that

29-67    produces the maximum interest charge computed under Article 3A.301

29-68    for an equivalent loan amount.

29-69          (c)  An agreement under this article must be written and

 30-1    signed by the lender and borrower.

 30-2          (d)  An agreement under this article must contain:

 30-3                (1)  the date of the agreement;

 30-4                (2)  the name and address of each borrower; and

 30-5                (3)  the name and address of the lender.

 30-6          (e)  If a charge for insurance coverage is to be included in

 30-7    a loan contract, an agreement under this article must clearly set

 30-8    forth a simple statement of the amount of the charge or the method

 30-9    by which the charge is to be computed.

30-10          (f)  The lender shall deliver a copy of an agreement under

30-11    this article to the borrower.

30-12          (g)  The commissioner may prescribe monthly rates of charge

30-13    that produce the maximum interest charge computed under Article

30-14    3A.301 for use under Subsection (b) of this article.

30-15          Art. 3A.806.  AGREEMENT TO MODIFY TERM OF SECONDARY MORTGAGE

30-16    LOAN CONTRACT.  (a)  A lender and a borrower may enter into an

30-17    agreement under which a term of a secondary mortgage loan contract

30-18    is amended, restated, or rescheduled.

30-19          (b)  An agreement under this article must be written and

30-20    signed by the lender and borrower.

30-21          (c)  An agreement under this article must contain:

30-22                (1)  the date of the agreement;

30-23                (2)  the name and address of the lender; and

30-24                (3)  the name and address of each borrower.

30-25          (d)  The lender shall deliver a copy of an agreement under

30-26    this article to the borrower.

30-27             SUBCHAPTER K.  PROHIBITIONS ON AUTHORIZED LENDER

30-28          Art. 3A.851.  OBLIGATION UNDER MORE THAN ONE CONTRACT.

30-29    (a)  An authorized lender may not induce or permit a person or a

30-30    husband and wife to be directly or indirectly obligated under more

30-31    than one loan contract at any time for the purpose or with the

30-32    effect of obtaining an amount of interest that is more than the

30-33    amount of interest that is otherwise authorized under this chapter

30-34    for a loan of that aggregate amount with a maximum interest charge

30-35    computed under:

30-36                (1)  Article 3A.301(a);

30-37                (2)  Article 3A.402; or

30-38                (3)  both Articles 3A.301(a) and 3A.402.

30-39          (b)  Subsection (a) does not prohibit the purchase of a bona

30-40    fide retail installment contract or revolving charge agreement of a

30-41    borrower for the purchase of goods or services.

30-42          (c)  A lender who purchases all or substantially all of the

30-43    loan contracts of another authorized lender and who at the time of

30-44    purchase has a loan contract with a borrower whose loan contract is

30-45    purchased may collect principal and authorized charges according to

30-46    the terms of each loan contract.

30-47          Art. 3A.852.  AMOUNT AUTHORIZED.  (a)  A lender may not

30-48    directly or indirectly charge, contract for, or receive an amount

30-49    that is not authorized under this chapter in connection with a loan

30-50    to which this chapter applies.  This includes, but is not limited

30-51    to,  any fees, compensation, bonuses, commissions, brokerage,

30-52    discounts, expenses and every other charge of any nature

30-53    whatsoever, whether of the types listed herein or not.

30-54          (b)  On a loan subject to Subchapter E or a secondary

30-55    mortgage loan subject to Subchapter G a lender may assess and

30-56    collect from the borrower an amount incurred by the lender for:

30-57                (1)  court costs;

30-58                (2)  attorney's fees assessed by a court;

30-59                (3)  a fee authorized by law for filing, recording, or

30-60    releasing in a public office a security for a loan;

30-61                (4)  a reasonable amount spent for repossessing,

30-62    storing, preparing for sale, or selling any security;

30-63                (5)  a fee for recording a lien on or transferring a

30-64    certificate of title to a motor vehicle offered as security for a

30-65    loan made under this chapter; or

30-66                (6)  a premium or an identifiable charge received in

30-67    connection with the sale of insurance authorized under this

30-68    chapter.

30-69          Art. 3A.853.  SECURITY FOR LOAN.  (a)  A lender may not take

 31-1    as security for a loan made under this chapter an assignment of

 31-2    wages.

 31-3          (b)  A lender may not take as security for a loan made under

 31-4    Subchapter E or Subchapter F a lien on real property other than a

 31-5    lien created by law on the recording of an abstract of judgment.

 31-6          (c)  A lender may take as security for a loan made under

 31-7    Subchapter E or Subchapter F an assignment of:

 31-8                (1)  a warrant drawn against a state fund; or

 31-9                (2)  a claim against a state fund or a state agency.

31-10          Art. 3A.854.  CONFESSION OF JUDGMENT; POWER OF ATTORNEY.  A

31-11    lender may not take a confession of judgment or a power of attorney

31-12    authorizing the lender or a third person to confess judgment or to

31-13    appear for a borrower in a judicial proceeding.

31-14          Art. 3A.855.  DISCLOSURE OF AMOUNT FINANCED AND SCHEDULE OF

31-15    PAYMENTS.  A lender may not take a promise to pay or loan

31-16    obligation that does not disclose the amount financed and the

31-17    schedule of payments, except for an open-end account.

31-18          Art. 3A.856.  INSTRUMENT WITH BLANK PROHIBITED.  A lender may

31-19    not take an instrument in which a blank is left to be filled in

31-20    after the loan is made.

31-21          Art. 3A.857.  WAIVER OF BORROWER'S RIGHT PROHIBITED.  A

31-22    lender may not take an instrument in which a borrower waives any

31-23    right accruing to the borrower under this chapter.

31-24          Art. 3A.858.  MAXIMUM LOAN TERM.  A lender may not enter a

31-25    loan contract under Article 3A.301(a) under which the borrower

31-26    agrees to make a scheduled payment of principal more than:

31-27                (1)  37 calendar months after the date on which the

31-28    contract is made, if the contract is for a cash advance of $1,500

31-29    or less;

31-30                (2)  49 calendar months after the date on which the

31-31    contract is made, if the contract is for a cash advance of more

31-32    than $1,500 but not more than $3,000; or

31-33                (3)  60 months after the date on which the contract is

31-34    made, if the contract is for a cash advance of more than $3,000.

31-35                 SUBCHAPTER L.  ADMINISTRATION OF CHAPTER

31-36          Art. 3A.901.  ADOPTION OF RULES.  (a)  The Finance Commission

31-37    of Texas may adopt rules to enforce this chapter.

31-38          (b)  The commissioner shall recommend proposed rules to the

31-39    Finance Commission of Texas.

31-40          (c)  A rule shall be entered in a permanent book.  The book

31-41    is a public record and shall be kept in the office of the

31-42    commissioner.

31-43          Art. 3A.902.  EXAMINATION OF LENDERS; ACCESS TO RECORDS.  (a)

31-44    The commissioner or the commissioner's representative shall, at the

31-45    times the commissioner considers necessary:

31-46                (1)  examine each place of business of each authorized

31-47    lender; and

31-48                (2)  investigate the lender's transactions, including

31-49    loans, and records, including books, accounts, papers, and

31-50    correspondence, to the extent the transactions and records pertain

31-51    to the business regulated under this chapter.

31-52          (b)  The lender shall:

31-53                (1)  give the commissioner or the commissioner's

31-54    representative free access to the lender's office, place of

31-55    business, files, safes, and vaults; and

31-56                (2)  allow the commissioner or the commissioner's

31-57    authorized representative to make a copy of an item that may be

31-58    investigated under Subsection (a)(2).

31-59          (c)  During an examination the commissioner or the

31-60    commissioner's representative may administer oaths and examine any

31-61    person under oath on any subject pertinent to a matter that the

31-62    commissioner is authorized or required to consider, investigate, or

31-63    secure information about under this chapter.

31-64          (d)  Information obtained under this article is confidential.

31-65          (e)  A lender's violation of Subsection (b) is a ground for

31-66    the suspension or revocation of the lender's license.

31-67          Art. 3A.903.  GENERAL INVESTIGATION.  (a)  To discover a

31-68    violation of this chapter or to obtain information required under

31-69    this chapter, the commissioner or the commissioner's representative

 32-1    may investigate the records, including books, accounts, papers, and

 32-2    correspondence, of a person, including an authorized lender, whom

 32-3    the commissioner has reasonable cause to believe is violating this

 32-4    chapter regardless of whether the person claims to not be subject

 32-5    to this chapter.

 32-6          (b)  For the purposes of this article, a person who

 32-7    advertises, solicits, or otherwise represents that the person is

 32-8    willing to make a loan with a cash advance less than or equal to

 32-9    the amount computed under Article 2.08 using the reference base

32-10    amount of $2,500 is presumed to be engaged in the business

32-11    described by Article 3A.101.

32-12          Art. 3A.904.  CERTIFICATE; CERTIFIED DOCUMENT.  On

32-13    application by any person and on payment of any associated cost,

32-14    the commissioner shall furnish under the commissioner's seal and

32-15    signed by the commissioner or an assistant of the commissioner:

32-16                (1)  a certificate of good standing; or

32-17                (2)  a certified copy of a license, rule, or order.

32-18          Art. 3A.905.  TRANSCRIPT OF HEARING:  PUBLIC.  The transcript

32-19    of a hearing held by the commissioner under this chapter is a

32-20    public record.

32-21          Art. 3A.906.  APPOINTMENT OF AGENT.  (a)  An authorized

32-22    lender shall maintain on file with the commissioner a written

32-23    appointment of a resident of this state as the lender's agent for

32-24    service of all judicial or other process or legal notice, unless

32-25    the lender has appointed an agent under another statute of this

32-26    state.

32-27          (b)  If an authorized lender does not comply with this

32-28    article, service of all judicial or other process or legal notice

32-29    may be made on the commissioner.

32-30          Art. 3A.907.  PAYMENT OF EXAMINATION COSTS AND ADMINISTRATION

32-31    EXPENSES.  An authorized lender shall pay to the commissioner an

32-32    amount assessed by the commissioner to cover the direct and

32-33    indirect cost of an examination of the lender under Article 3A.902

32-34    and a proportionate share of general administrative expense.

32-35          Art. 3A.908.  AUTHORIZED LENDER'S RECORDS.  (a)  An

32-36    authorized lender shall maintain records of each loan made under

32-37    this chapter as is necessary to enable the commissioner to

32-38    determine whether the lender is complying with this chapter.

32-39          (b)  An authorized lender shall keep the record, make it

32-40    available in this state, or, if the lender makes, transacts, or

32-41    negotiates loans principally by mail, keep the records or make them

32-42    available at the lender's principal place of business, until the

32-43    later of:

32-44                (1)  the fourth anniversary of the date of the loan; or

32-45                (2)  the second anniversary of the date on which the

32-46    final entry is made in the record.

32-47          (c)  The records described by Subsection (a) must be prepared

32-48    in accordance with accepted accounting practices.

32-49          (d)  The commissioner shall accept a lender's system of

32-50    records if the system discloses the information reasonably required

32-51    under Subsection (a).

32-52          (e)  An authorized lender shall keep all obligations signed

32-53    by borrowers at an office in this state designated by the lender

32-54    unless an obligation is transferred under an agreement that gives

32-55    the commissioner access to the obligation.

32-56          Art. 3A.909.  ANNUAL REPORT.  (a)  Each year, not later than

32-57    May 1, or a subsequent date set by the commissioner, an authorized

32-58    lender shall file with the commissioner a report that contains

32-59    relevant information required by the commissioner concerning the

32-60    business and operations during the preceding calendar year for each

32-61    office of the lender in this state where business is conducted

32-62    under this chapter.

32-63          (b)  A report under this article must be:

32-64                (1)  under oath; and

32-65                (2)  in the form prescribed by the commissioner.

32-66          (c)  A report under this article is confidential.

32-67          (d)  Annually the commissioner shall prepare and publish a

32-68    consolidated analysis and recapitulation of reports filed under

32-69    this article.

 33-1          Art. 3A.910.  CONDUCTING ASSOCIATED BUSINESS.  An authorized

 33-2    lender may conduct business under this chapter in an office, office

 33-3    suite, room, or place of business in which any other business is

 33-4    conducted or in combination with any other business unless the

 33-5    commissioner:

 33-6                (1)  after a hearing, finds that the lender's

 33-7    conducting of the other business in that office, office suite,

 33-8    room, or place of business has concealed evasions of this chapter;

 33-9    and

33-10                (2)  orders the lender in writing to desist from that

33-11    conduct in that office, office suite, room, or place of business.

33-12          SECTION 3.  Article 2.02A(1), Title 79, Revised Statutes

33-13    (Article 5069-2.02A, Vernon's Texas Civil Statutes), is amended to

33-14    read as follows:

33-15          (1)  The Consumer Credit Commissioner shall enforce Chapters

33-16    2, 3A, [3, 4, 5,] 6, 6A, 7, 8, 9, and 15 of this title and the

33-17    Texas Pawnshop Act (Article 5069-51.01 et seq., Vernon's Texas

33-18    Civil Statutes) in person or through assistant commissioners or any

33-19    examiner or employee.

33-20          SECTION 4.  Article 2.03(1), Title 79, Revised Statutes

33-21    (Article 5069-2.03, Vernon's Texas Civil Statutes), is amended to

33-22    read as follows:

33-23          (1)  The investigative and enforcement authority under this

33-24    Article applies only to Chapters 2, 3A, [3, 4, 5,] 6, 6A, 7, 8, 9,

33-25    and 15 of this title and the Texas Pawnshop Act (Article 5069-51.01

33-26    et seq., Vernon's Texas Civil Statutes).  Upon receipt of written

33-27    complaint or other reasonable cause to believe that any provision

33-28    of those statutes are being violated by any person, the Consumer

33-29    Credit Commissioner may request such person to furnish information

33-30    in regard to a specific loan or retail transaction or business

33-31    practice alleged to be in violation of those statutes.

33-32          SECTION 5.  Article 2.03A(l), Title 79, Revised Statutes

33-33    (Article 5069-2.03A, Vernon's Texas Civil Statutes), is amended to

33-34    read as follows:

33-35          (l)  When the judgment of the court becomes final, the court

33-36    shall proceed under this subsection.  If the person paid the amount

33-37    of the penalty and if that amount is reduced or is not upheld by

33-38    the court, the court shall order that the appropriate amount plus

33-39    accrued interest be remitted to the person.  The rate of the

33-40    interest is the rate authorized by Chapter 1E  [Article 1.05] of

33-41    this title, and the interest shall be paid for the period beginning

33-42    on the date the penalty was paid and ending on the date the penalty

33-43    is remitted.

33-44          SECTION 6.  Article 2.07, Title 79, Revised Statutes (Article

33-45    5069-2.07, Vernon's Texas Civil Statutes), is amended to read as

33-46    follows:

33-47          Art. 2.07.  CREDIT AND LOANS TO INDIVIDUALS.  No authorized

33-48    lender under Chapter 3A  [Chapter 3] of this Title or other person

33-49    involved in transactions subject to this Title may deny an

33-50    individual who has the capacity to contract credit or loans in his

33-51    or her name, or restrict or limit the credit or loan granted on the

33-52    basis of sex, race, color, religion, national origin, marital

33-53    status, or age or because all or part of the individual's income

33-54    derives from a public assistance program in the form of social

33-55    security or supplemental security income, or the individual has in

33-56    good faith exercised any right under the Consumer Credit Protection

33-57    Act (15 U.S.C. Section 1601 et seq.; 18 U.S.C.  Section 891 et

33-58    seq.).  In interpreting this section, the courts and administrative

33-59    agencies shall be guided by the federal Equal Credit Opportunity

33-60    Act and regulations thereunder and interpretations thereof by the

33-61    Federal Reserve Board to the extent that that Act and those

33-62    regulations and interpretations pertain to conduct prohibited by

33-63    this section.

33-64          SECTION 7.  Article 2.08(1), Title 79, Revised Statutes

33-65    (Article 5069-2.08, Vernon's Texas Civil Statutes), is amended to

33-66    read as follows:

33-67          (1)  The dollar amount of the ceilings on the cash advance,

33-68    and the brackets establishing ranges of cash advances or balances

33-69    to which certain rates of charges apply in this Title, except the

 34-1    brackets in Articles 3A.401, 3A.402, and 3A.858 [Section (1),

 34-2    Article 3.16; Section (2), Article 3.16; Article 3.21]; Section

 34-3    (9)(e), Article 6.02; Section (12)(a), Article 6.02; and Article

 34-4    15.02, are changed as of the effective date of this Act and shall

 34-5    be, subject to Subsections (a) and (b), Section (2) of this

 34-6    Article, changed from time to time in accordance with the changes

 34-7    in the Consumer Price Index for Urban Wage Earners and Clerical

 34-8    Workers:  U.S. City Average, All Items, 1967=100, compiled by the

 34-9    Bureau of Labor Statistics, United States Department of Labor, and

34-10    referred to in this Article as the Index.  The Index for December

34-11    1967 is the Reference Base Index period for the purpose of

34-12    determining the adjustment to be made in the rate brackets and

34-13    ceilings.

34-14          SECTION 8.  Article 6.01(q), Title 79, Revised Statutes

34-15    (Article 5069-6.01, Vernon's Texas Civil  Statutes), is amended to

34-16    read as follows:

34-17                (q)  "Credit card issuer" means a person who issues a

34-18    card, plate, or other identification device used to obtain goods or

34-19    services under a retail credit card arrangement.  The term does not

34-20    include any person who honors the credit card but did not issue it,

34-21    nor any bank, savings and loan association, credit union, person

34-22    licensed to do business under the provisions of Chapter 3A [3 or 4]

34-23    of this Subtitle, nor any other person who is regularly and

34-24    principally engaged in the business of lending money to persons for

34-25    personal, family, and household purposes.

34-26          SECTION 9.  Article 6.02(15), Title 79, Revised Statutes

34-27    (Article 5069-6.02, Vernon's Texas Civil Statutes), is amended to

34-28    read as follows:

34-29          (15)  The dollar amount of the rate brackets prescribed by

34-30    Section (9)(a) of this Article are subject to adjustment from time

34-31    to time under Article 2.08 of this Title.  As an alternative to the

34-32    rates and amounts of time price differential provided by Section

34-33    (9)(a) of this Article, the parties may agree to any rate or amount

34-34    of time price differential not exceeding a rate or amount

34-35    authorized by Chapter 1D [Article 1.04] of this Title.

34-36          SECTION 10.  Article 6.03(5), Title 79, Revised Statutes

34-37    (Article 5069-6.03, Vernon's Texas Civil Statutes), is amended to

34-38    read as follows:

34-39          (5)  The dollar amount of the rate brackets in this Article

34-40    is subject to adjustment from time to time under Article 2.08 of

34-41    this Title.  As an alternative to the rates or amounts of time

34-42    price differential provided by Section (3) of this Article, the

34-43    parties may agree to any rate or amount of time price differential

34-44    not exceeding a rate or amount authorized by Chapter 1D [Article

34-45    1.04] of this Title or to the rate or amount of the market

34-46    competitive rate ceiling published by the Consumer Credit

34-47    Commissioner as provided in Section (6) of this Article.  The

34-48    provisions of Chapter 1D [Article 1.04] of this Title applicable to

34-49    open-end accounts apply to  this Article.

34-50          SECTION 11.  Articles 6.03(6)(a) and (e), Title 79, Revised

34-51    Statutes (Article 5069-6.03, Vernon's Texas Civil Statutes), are

34-52    amended to read as follows:

34-53                (a)  The Consumer Credit Commissioner shall cause to be

34-54    published in the Texas Register, in its first publication following

34-55    September 1 of each year, the market competitive rate ceiling.

34-56    This ceiling shall be effective on the following October 1 for a

34-57    period of one year.  The ceiling shall be based on an annual

34-58    percentage rate, whether it is deemed to be interest, time price

34-59    differential, or other similar charge permitted by the laws of any

34-60    state, imposed on a person residing in Texas by a creditor in any

34-61    other state extending credit by the use of a retail charge

34-62    agreement or a credit card.  The rate of time price differential

34-63    for the market competitive rate ceiling shall not exceed the

34-64    ceiling in Article 1D.009(d) [Section (c) of Article 1.11] of this

34-65    Title or be below the minimum ceiling in Article 1D.009(a) [Section

34-66    (b)(1) of Article 1.04] of this Title.

34-67                (e)  A retail charge agreement of the parties providing

34-68    for a computation under this Article or Chapter 1D [Article 1.04]

34-69    of this Title may be amended pursuant to Article 1D.103 [Section

 35-1    (i) of Article 1.04] of this Title to implement the market

 35-2    competitive rate ceiling or change a rate or amount.  Any holder

 35-3    electing to implement the market competitive rate ceiling as to an

 35-4    account existing on the effective date of this Act must allow the

 35-5    obligor to pay the balance then existing at the rate previously

 35-6    agreed to and at the minimum payment terms previously agreed to.

 35-7    For this purpose, payments on an account may be applied by the

 35-8    holder to the balance existing on the account on the effective date

 35-9    of this Act prior to applying them to credit extended after the

35-10    effective date of this Act. The ceiling under this Section may be

35-11    implemented at any time and shall remain in effect until an

35-12    alternative ceiling is implemented.  An alternative ceiling may be

35-13    implemented only at the end of a ceiling year as set out in

35-14    Subsection (a) of this Section.

35-15          SECTION 12.  Article 6.05, Title 79, Revised Statutes

35-16    (Article 5069-6.05, Vernon's Texas Civil Statutes), is amended to

35-17    read as follows:

35-18          Art. 6.05.  PROHIBITED PROVISIONS.  No retail installment

35-19    contract or retail charge agreement shall:

35-20                (1)  Provide that the holder may accelerate the

35-21    maturity of any part or all of the amount owing thereunder unless

35-22    (a) the buyer is in default in the performance of any of his

35-23    obligations, or (b) the holder in good faith believes that the

35-24    prospect of payment or performance is impaired;

35-25                (2)  Contain a power of attorney to confess judgment,

35-26    or an assignment of wages;

35-27                (3)  Authorize the seller or holder or other person

35-28    acting on his behalf to enter upon the buyer's premises unlawfully

35-29    or to commit any breach of the peace in the repossession of goods;

35-30                (4)  Provide for a waiver of the buyer's rights of

35-31    action against the seller or holder or other person acting therefor

35-32    for any illegal act committed in the collection of payments under

35-33    the contract or agreement or in the repossession of goods;

35-34                (5)  Contain any provision by which the buyer executes

35-35    a power of attorney appointing the seller or holder or other person

35-36    acting on his behalf, as the buyer's agent in the repossession of

35-37    goods;

35-38                (6)  Provide that the buyer agrees not to assert

35-39    against the seller any claim or defense arising out of the sale;

35-40                (7)  Provide for or grant a first lien upon real estate

35-41    to secure such obligation, except, (a) such lien as is created by

35-42    law upon the recording of an abstract of judgment or (b) such lien

35-43    as is provided for or granted by a contract or series of contracts

35-44    for the sale or construction and sale of a structure to be used as

35-45    a residence so long as the time price differential does not exceed

35-46    an annual percentage rate permitted under either this Chapter or

35-47    Chapter 1D [Article 1.04] of this Title.

35-48          SECTION 13.  Article 6.12, Title 79, Revised Statutes

35-49    (Article 5069-6.12, Vernon's Texas Civil Statutes), is amended to

35-50    read as follows:

35-51          Art. 6.12.  Rates for prepaid funeral benefits regulated by

35-52    Article 548b, Vernon's Texas Civil Statutes.  Prepaid funeral

35-53    benefits regulated by Article 548b, Vernon's Texas Civil Statutes,

35-54    may be financed only at rates authorized by Chapter 1D [Article

35-55    1.04] of this title.

35-56          SECTION 14.  Article 6.13, Title 79, Revised Statutes

35-57    (Article 5069-6.13, Vernon's Texas Civil Statutes), is amended to

35-58    read as follows:

35-59          Art. 6.13.  Rates for medical and dental services.  Medical

35-60    or dental services may be financed only at rates authorized by

35-61    Chapter 1D [Article 1.04] of this title.

35-62          SECTION 15.  Article 6A.03(7), Title 79, Revised Statutes

35-63    (Article 5069-6A.03, Vernon's Texas Civil Statutes), is amended to

35-64    read as follows:

35-65          (7)  As an alternative to the rates and amounts of time price

35-66    differential that may be charged under this section, the parties

35-67    may agree to any rate or amount of time price differential not

35-68    exceeding a rate or amount authorized by Chapter 1D [Article 1.04]

35-69    of this title.

 36-1          SECTION 16.  Article 6A.16(b)(1), Title 79, Revised Statutes

 36-2    (Article 5069-6A.16, Vernon's Texas Civil Statutes), is amended to

 36-3    read as follows:

 36-4                (1)  Each creditor governed by this chapter who is not

 36-5    a credit union or an authorized lender under Chapter 3A [3] of this

 36-6    title shall register with the Office of Consumer Credit

 36-7    Commissioner.  Each creditor shall pay an annual fee of $15 for

 36-8    each location at which credit transactions subject to this chapter

 36-9    are originated, serviced, or collected.  The commissioner by rule

36-10    may establish procedures to facilitate the registration and

36-11    collection of fees, including rules staggering the due dates of the

36-12    fees throughout the year.  If a creditor fails to renew the

36-13    creditor's registration, the commissioner shall, not later than 30

36-14    days after the expiration of the registration, notify the creditor

36-15    of the expiration, and of the procedures applicable to renewal.  A

36-16    registration renewal is timely if filed with the commissioner,

36-17    together with the annual registration fee, not later than 30 days

36-18    after receipt of notice of expiration.  A creditor who fails to

36-19    renew timely as required by this section is subject to the

36-20    penalties set forth in Section (2) of this Article.

36-21          SECTION 17.  Article 7.03(7), Title 79, Revised Statutes

36-22    (Article 5069-7.03, Vernon's Texas Civil Statutes), is amended to

36-23    read as follows:

36-24          (7)  As an alternative to the time price differential

36-25    authorized by Section (1) of this Article, the parties may agree to

36-26    any rate or amount of time price differential not exceeding a rate

36-27    or amount authorized by Chapter 1D [Article 1.04] of this Title.

36-28          SECTION 18.  Article 7.11(1), Title 79, Revised Statutes

36-29    (Article 5069-7.11, Vernon's Texas Civil Statutes), is amended to

36-30    read as follows:

36-31          (1)  Each holder governed by this chapter who is not a credit

36-32    union or an authorized lender under Chapter 3A [3] of this title

36-33    shall register with the Office of Consumer Credit Commissioner.

36-34    Each holder shall pay an annual fee of $25 for each location at

36-35    which credit transactions subject to this chapter are originated,

36-36    serviced, or collected.  The commissioner by rule may establish

36-37    procedures to facilitate the registration and collection of fees,

36-38    including rules staggering the due dates of the fees throughout the

36-39    year.  If a holder or seller fails to renew the holder's or

36-40    seller's registration, the commissioner shall, not later than 30

36-41    days after the expiration of the registration, notify the holder or

36-42    seller of the expiration, and of the procedures applicable to

36-43    renewal.  A registration renewal is timely if filed with the

36-44    commissioner, together with the annual registration fee, not later

36-45    than 30 days after receipt of notice of expiration.  A holder or

36-46    seller who fails to renew timely as required by this section is

36-47    subject to the penalties set forth in Section (2) of this Article.

36-48          SECTION 19.  Article 8.01(i), Title 79, Revised Statutes

36-49    (Article 5069-8.01, Vernon's Texas Civil Statutes), is amended to

36-50    read as follows:

36-51          (i)  Any person who has or obtains a registration or license

36-52    required by this Title, which registration or license was obtained

36-53    at any time after the date on which the registration or license was

36-54    required, may pay to the Consumer Credit Commissioner all

36-55    registration or license fees that should have been paid pursuant to

36-56    this Title for any and all prior years, plus a late filing fee

36-57    pursuant to this section. In the case of a person who has or

36-58    obtains a registration, the late filing fee shall be $250 except

36-59    that, if the person renews a registration within 30 days after the

36-60    due date, there shall be no penalty.  If a person pays the required

36-61    registration fees for the prior periods and the late filing fee,

36-62    the person shall be deemed for all purposes to have had the

36-63    required registration for the periods for which the registration

36-64    fees have been paid.  In the case of a person who has or obtains a

36-65    license, the late filing fee shall be $10,000 except that if the

36-66    person previously had a license and the prior license was in good

36-67    standing at the time of its expiration, and the person renews such

36-68    license within 180 days of its expiration, the late filing fee

36-69    shall be $1,000.  If a person renews an expired license by payment

 37-1    of the license and late filing fees, the person shall be deemed for

 37-2    all purposes to have held the required license as if it had not

 37-3    expired.  If a person has or obtains a license and pays the

 37-4    required license fees for prior periods and the late filing fee,

 37-5    the person shall be deemed for all purposes to have had the

 37-6    required license for such periods but only as to loans as to which

 37-7    the person has not contracted for, charged, or received interest in

 37-8    excess of that which would be allowed under Chapter 1D [Article

 37-9    1.04(a) as modified by Article 1.04(b)] of this Title.  A person

37-10    who is deemed to have had a registration or license pursuant to

37-11    this section shall not be subject to any liability, forfeiture, or

37-12    penalty under this Title or other law, other than as set forth in

37-13    this section, resulting from or relating to the fact that the

37-14    person did not have the registration or license at or during the

37-15    earlier periods for which the required registration or license fees

37-16    and late filing fee, as provided in this section, have since been

37-17    paid.  The acquisition of the registration or license and payment

37-18    of the filing fees and late filing fee by a person shall also inure

37-19    to the benefit of that person's employees, agents, employers,

37-20    representatives, predecessors, successors, and assigns but not to

37-21    the benefit of any other person who should have been licensed under

37-22    this Title.

37-23          SECTION 20.  Article 8.03, Title 79, Revised Statutes

37-24    (Article 5069-8.03, Vernon's Texas Civil Statutes), is amended to

37-25    read as follows:

37-26          Art. 8.03.  In addition to the foregoing penalties, if

37-27    applicable, any person engaging in any business under the scope of

37-28    Chapter 3A [Chapter 3, 4, 5,] or 15 of this Title without first

37-29    securing a license provided, or without the authorization

37-30    prescribed, in such Chapter shall be guilty of a misdemeanor and

37-31    upon conviction thereof shall be punishable by a fine of not more

37-32    than One Thousand Dollars, and each such loan made without the

37-33    authority granted by such license shall constitute a separate

37-34    offense punishable hereunder; and in addition such person shall

37-35    forfeit all principal and charges contracted for or collected on

37-36    each such loan, and shall pay reasonable attorneys' fees incurred

37-37    by the obligor.

37-38          SECTION 21.  Article 15.01(i), Title 79, Revised Statutes

37-39    (Article 5069-15.01, Vernon's Texas Civil Statutes), is amended to

37-40    read as follows:

37-41                (i)  "Licensee" means the holder of a license issued

37-42    pursuant to Chapter 3A [3 of Subtitle 2] of this Title 79.

37-43          SECTION 22.  Articles 15.02(d) and (e), Title 79, Revised

37-44    Statutes (Article 5069-15.02, Vernon's Texas Civil Statutes), are

37-45    amended to read as follows:

37-46          (d)  Notwithstanding Chapter 1D [Article 1.04] of this Title

37-47    or any other provision of law, on any open-end account authorized

37-48    under Article 3A.805 [3.15(4), 4.01(4)], 15.01(k), or 15.01(l) of

37-49    this Title, pursuant to which credit card transactions [as defined

37-50    in Article 1.01(g) of this Title] may be made or in connection with

37-51    which account a merchant discount [as defined in Article 1.01(h) of

37-52    this Title] is imposed or received by the creditor, the rate of

37-53    interest from time to time in effect on such account is subject to

37-54    and may not exceed the quarterly ceiling from time to time in

37-55    effect as computed pursuant to Chapter 1D [Article 1.04] of this

37-56    Title and as further limited by this section, and the ceiling on

37-57    such account is subject to quarterly adjustment, which adjustment

37-58    shall be made at the option of the creditor either on the quarterly

37-59    calendar dates set out in Article 1D.008 [1.04(d)] of this Title or

37-60    on the first day of the first billing cycle of an account

37-61    immediately following said quarterly calendar dates.  If a

37-62    computation of the quarterly ceiling under Chapter 1D [Article

37-63    1.04(a)(2)] of this Title is more than 22 percent per annum, the

37-64    ceiling under this provision shall be 22 percent per annum.  If the

37-65    computation of the quarterly ceiling under Chapter 1D [Article

37-66    1.04(a)(2)] of this Title is less than 14 percent per annum, the

37-67    ceiling under this provision shall be 14 percent per annum.

37-68    Notwithstanding any other provision of this Title, a creditor

37-69    charging a rate limited by this section shall not be required to

 38-1    disclose any decreases which may from time to time occur in the

 38-2    rate on its account.

 38-3          (e)  Except as provided in Section (d) of this Article, as an

 38-4    alternative to the rates authorized by Section (a) of this Article,

 38-5    the parties may agree to any rate not exceeding a rate authorized

 38-6    by Chapter 1D [Article 1.04] of this Title.

 38-7          SECTION 23.  Article 15.07, Title 79, Revised Statutes

 38-8    (Article 5069-15.07, Vernon's Texas Civil Statutes), is amended to

 38-9    read as follows:

38-10          Art. 15.07.  COLLATERAL AND INSURANCE.  Creditors may require

38-11    and take in connection with an account only such insurance and

38-12    collateral as are allowed under Chapter 3A [4 of Subtitle 2] of

38-13    this Title 79.

38-14          SECTION 24.  Article 24.03(g), Insurance Code, is amended to

38-15    read as follows:

38-16          (g)  Any person holding a license under Chapter 3A [3], Title

38-17    79, Revised [Civil] Statutes [of Texas, 1925, as amended (Article

38-18    5069-3.01 et seq., Vernon's Texas Civil Statutes)], on the

38-19    effective date of this chapter is required only to pay the license

38-20    fee required under this article and is not required to pay the

38-21    investigation fee required by Section (a) of this article.

38-22          SECTION 25.  Article 24.11(h), Insurance Code, is amended to

38-23    read as follows:

38-24          (h)  Those additions may be accomplished by a memorandum of

38-25    agreement between the agent and the insured, if before the first

38-26    scheduled payment date of the amended transaction the premium

38-27    finance company gives to the insured the following information in

38-28    writing:

38-29                (1)  the amount of the premium increase;

38-30                (2)  the down payment on increase;

38-31                (3)  the principal amount of increase;

38-32                (4)  the total amount of finance charge on increase;

38-33                (5)  the total of additional balance due;

38-34                (6)  the outstanding balance of original agreement;

38-35                (7)  the consolidated agreement balance;

38-36                (8)  the annual percentage rate of finance charge on

38-37    additional balance due;

38-38                (9)  the revised schedule of payments;

38-39                (10)  the amount or method of computing the amount of

38-40    any default, deferment, or similar charges authorized in Chapter 3A

38-41    [3], Title 79, Revised [Civil] Statutes [of Texas, 1925, as amended

38-42    (Article 5069-3.01 et seq., Vernon's Texas Civil Statutes)],

38-43    payable in the event of late payments; and

38-44                (11)  identification of the method of computing any

38-45    unearned portion of the finance charge in the event of prepayment

38-46    of the obligation.

38-47          SECTION 26.  Article 24.15, Insurance Code, is amended to

38-48    read as follows:

38-49          Art. 24.15.  SERVICES CHARGES; LIMITATION OF CHARGES;

38-50    COMPUTATION.  A premium finance company may not take or receive

38-51    from an insured a greater rate or charge than is provided by

38-52    Chapter 3A [Chapters 3 and 4], Title 79, Revised [Civil] Statutes

38-53    [of Texas, 1925, as amended (Article 5069-3.01 et seq. and Article

38-54    5069-4.01 et seq., Vernon's Texas Civil Statutes)].  Those charges

38-55    begin on the date from which the insurance company requires payment

38-56    of the premium and payment was made to the insurance company for

38-57    the financed policy or on the effective date of the policy,

38-58    whichever is earlier.  The finance charge shall be computed on the

38-59    balance of the premiums due after subtracting the down payment made

38-60    by the insured in accordance with the premium finance agreement.

38-61    On insurance premium finance agreements made under this chapter, no

38-62    insurance charges or any other charge or fee, except those

38-63    authorized by this chapter, are permitted.

38-64          SECTION 27.  Article 24.16, Insurance Code, is amended to

38-65    read as follows:

38-66          Art. 24.16.  PREPAYMENT; REFUND.  Notwithstanding the

38-67    provisions of any premium finance agreement to the contrary, any

38-68    insured may pay it in full at any time before the maturity of the

38-69    final installment of the balance of the agreement, and if the

 39-1    insured does so and the agreement included an amount for a charge,

 39-2    the insured shall receive for the prepayment either by cash or by

 39-3    renewal a refund credit in accordance with the provisions for

 39-4    refunds contained in Subchapter H, Chapter 3A [Section (6), Article

 39-5    3.15], Title 79, Revised [Civil] Statutes [of Texas, 1925, as

 39-6    amended (Article 5069-3.15, Vernon's Texas Civil Statutes)], and

 39-7    the regulations issued under that article.  Where the amount of the

 39-8    credit for anticipation of payments is less than $1, no refund need

 39-9    be made.

39-10          SECTION 28.  Article 24.17(a), Insurance Code, is amended to

39-11    read as follows:

39-12          (a)  A premium finance agreement may provide for the payment

39-13    of a default charge by the insured as provided in Article 3A.303

39-14    [Section (5), Article 3.15], Title 79, Revised [Civil] Statutes [of

39-15    Texas, 1925, as amended (Article 5069-3.15, Vernon's Texas Civil

39-16    Statutes)], the Insurance Code, and the regulations issued under

39-17    those statutes.

39-18          SECTION 29.  Article 24.20, Insurance Code, is amended to

39-19    read as follows:

39-20          Art. 24.20.  AUTHORITY OF LICENSED LOCAL RECORDING AGENTS TO

39-21    CHARGE INTEREST TO CERTAIN PURCHASERS OF INSURANCE.

39-22    Notwithstanding any other provision of law, any person,

39-23    partnership, or corporation duly licensed as a local recording

39-24    agent under  Article 21.14, Insurance Code, as amended, may enter

39-25    into or establish a written agreement with any purchaser of

39-26    insurance from the agent providing for the payment of interest to

39-27    the agent in an amount not to exceed the greater of a rate allowed

39-28    by Chapter 1D [Article 1.04], Title 79, Revised Statutes [(Article

39-29    5069-1.04, Vernon's Texas Civil Statutes)], or the rate of one

39-30    percent a month, on any amount due and owing to the agent for

39-31    insurance purchased by the purchaser.  In those instances the claim

39-32    or defense of usury is prohibited.

39-33          SECTION 30.  Article 21.79E, Insurance Code, as added by

39-34    Chapter 242, Acts of the 72nd Legislature, Regular Session, 1991,

39-35    is amended to read as follows:

39-36          Art. 21.79E.  CREDIT INVOLUNTARY UNEMPLOYMENT INSURANCE.

39-37    [(a)]  Any insurer authorized to write any form of casualty

39-38    insurance in this state shall also be authorized to write group or

39-39    individual credit involuntary unemployment insurance indemnifying a

39-40    debtor for installment or other periodic payments on the

39-41    indebtedness while the debtor is involuntarily unemployed,

39-42    including policy forms and endorsements which define involuntary

39-43    unemployment to provide coverage and a premium charge for

39-44    interruption or reduction of a debtor's income during periods of

39-45    leave (paid or otherwise) authorized by the Federal Family and

39-46    Medical Leave Act, or other state or federal laws.  Such insurance

39-47    may be written alone or in conjunction with credit life insurance,

39-48    credit accident and health insurance, or both, in policies issued

39-49    by any authorized insurer, but not in contravention of the Texas

39-50    Free Enterprise and Antitrust Act of 1983.  Rates and forms for

39-51    such insurance may be made and filed in accordance with Articles

39-52    5.14 and 5.15 of this code.

39-53          SECTION 31.  Section 26.02(a)(2), Business & Commerce Code,

39-54    is amended to read as follows:

39-55                (2)  "Loan agreement" means one or more promises,

39-56    promissory notes, agreements, undertakings, security agreements,

39-57    deeds of trust or other documents, or commitments, or any

39-58    combination of those actions or documents, pursuant to which a

39-59    financial institution loans or delays repayment of or agrees to

39-60    loan or delay repayment of money, goods, or another thing of value

39-61    or to otherwise extend credit or make a financial accommodation.

39-62    The term does not include a promise, promissory note, agreement,

39-63    undertaking, document, or commitment relating to:

39-64                      (A)  a credit card or charge card; or

39-65                      (B)  an open-end account, as that term is defined

39-66    by Article 1B.002 [1.01], Title 79, Revised Statutes [(Article

39-67    5069-1.01,  Vernon's Texas Civil Statutes)], intended or used

39-68    primarily for personal, family, or household use.

39-69          SECTION 32.  Section 242.098(b), Health and Safety Code, is

 40-1    amended to read as follows:

 40-2          (b)  Interest on unreimbursed amounts begins to accrue on the

 40-3    date on which the funds were disbursed to the home.  The rate of

 40-4    interest is the rate determined under Article 1E.003, [Section 2,

 40-5    Article 1.05,] Title 79, Revised Statutes [(Article 5069-1.05,

 40-6    Vernon's Texas Civil Statutes)], to be applicable to judgments

 40-7    rendered during the month in which the money was disbursed to the

 40-8    home.

 40-9          SECTION 33.  Section 143.1215(c), Local Government Code, is

40-10    amended to read as follows:

40-11          (c)  Interest under Subsection (b) accrues beginning on the

40-12    date of the fire fighter's or police officer's reinstatement at a

40-13    rate equal to three percent plus the rate for court judgments under

40-14    Chapter 1E [Article 1.05], Title 79, Revised Statutes [(Article

40-15    5069-1.05, Vernon's Texas Civil Statutes)], that is in effect on

40-16    the date of the person's reinstatement.

40-17          SECTION 34.  Section 395.025(d), Local Government Code, is

40-18    amended to read as follows:

40-19          (d)  Any refund shall bear interest calculated from the date

40-20    of collection to the date of refund at the statutory rate as set

40-21    forth in Article 1C.002 [1.03], Title 79, Revised Statutes

40-22    [(Article 5069-1.03, Vernon's Texas Civil Statutes)], or its

40-23    successor statute.

40-24          SECTION 35.  Section 32.35(a)(5), Penal Code, is amended to

40-25    read as follows:

40-26                (5)  "Creditor" means a person licensed under Chapter

40-27    3A [3], Subtitle 2, Title 79, Revised Statutes [(Article 5069-3.01

40-28    et seq., Vernon's Texas Civil Statutes)], a bank, savings and loan

40-29    association, credit union, or other regulated financial institution

40-30    that lends money or otherwise extends credit to a cardholder

40-31    through a credit card and that authorizes other persons to honor

40-32    the credit card.

40-33          SECTION 36.  Section 32.065(d), Tax Code, is amended to read

40-34    as follows:

40-35          (d)  Chapters 3A [5] and 15 and Article 1C.102 [and Sections

40-36    1.07(d)(1) and (f)], Title 79, Revised Statutes [(Article 5069-1.01

40-37    et seq., Vernon's Texas Civil Statutes)], do not apply to a

40-38    transaction covered by this section.  The transferee of a tax lien

40-39    under this section is not required to obtain a license under Title

40-40    79, Revised Statutes (Article 5069-1.01 et seq., Vernon's Texas

40-41    Civil Statutes).

40-42          SECTION 37.  Section 35-1, The Securities Act (Article

40-43    581-35-1, Vernon's Texas Civil Statutes), is amended to read as

40-44    follows:

40-45          Sec. 35-1.  FEES FOR SALES OF EXCESS SECURITIES.  A.  An

40-46    offeror who sells securities in this State in excess of the

40-47    aggregate amount of securities registered for the offering may

40-48    apply to register the excess securities by paying three times the

40-49    difference between the initial fee paid and the fee required under

40-50    Subsection E of Section 35, plus, if the registration is no longer

40-51    in effect, interest on that amount computed at the rate provided by

40-52    Article 1C.002 [1.03], Title 79, Revised Statutes [(Article

40-53    5069-1.03, Vernon's Texas Civil Statutes)], from the date the

40-54    registration was no longer in effect until the date the subsequent

40-55    application is filed, for the securities sold to persons within

40-56    this State, plus the amendment fee prescribed by Subsection D of

40-57    Section 35.  Registration of the excess securities, if granted,

40-58    shall be effective retroactively to the effective date of the

40-59    initial registration for the offering.

40-60          B.  An offeror who has filed a notice to claim a limited

40-61    offering exemption, who paid less than the maximum fee prescribed

40-62    in Subsection J of Section 35, and who offered a greater amount of

40-63    securities in the offering than authorized pursuant to the formula

40-64    prescribed in Subsection J of Section 35, may file an amended

40-65    notice disclosing the amount of securities offered and paying three

40-66    times the difference between the fee initially paid and the fee

40-67    which should have been paid, plus interest on that amount computed

40-68    at the rate provided by Article 1C.002 [1.03], Title 79, Revised

40-69    Statutes [(Article 5069-1.03, Vernon's Texas Civil Statutes)], from

 41-1    the date the original notice was received by the Commissioner until

 41-2    the date the amended notice is received by the Commissioner.  The

 41-3    amended notice shall be retroactive to the date of the initial

 41-4    filing.

 41-5          SECTION 38.  Section 35-2, The Securities Act (Article

 41-6    581-35-2, Vernon's Texas Civil Statutes), is amended to read as

 41-7    follows:

 41-8          Sec. 35-2.  FEES FOR SALES OF UNREGISTERED SECURITIES.  If,

 41-9    after notice and hearing, the commissioner or any court of

41-10    competent jurisdiction finds that an offeror has sold securities in

41-11    this State pursuant to an offering no part of which has been

41-12    registered under Section 7 or 10 of this Act and for which the

41-13    transactions or securities are not exempt under Section 5 or 6 of

41-14    this Act, the commissioner or said court may impose a fee equal to

41-15    six times the amount that would have been paid if the issuer had

41-16    filed an application to register the securities and paid the fee

41-17    prescribed by Subsection E of Section 35  based on the aggregate

41-18    amount of sales made in this State within the prior three years,

41-19    plus interest on that amount at the rate provided by Article 1C.002

41-20    [1.03], Title 79, Revised Statutes [(Article 5069-1.03, Vernon's

41-21    Texas Civil Statutes)], from the date of the first such sale made

41-22    in this State until the date the fee is paid.  The payment of the

41-23    fee prescribed by this Section does not effect registration of the

41-24    securities or affect the application of any other Section of this

41-25    Act.  The payment of the fee prescribed by this Section is not an

41-26    admission that the transactions or securities were not exempt and

41-27    is not admissible as evidence in a suit or proceeding for failure

41-28    to register the securities.

41-29          SECTION 39.  Article 2.09A, Texas Miscellaneous Corporation

41-30    Laws Act (Article 1302-2.09A, Vernon's Texas Civil Statutes), is

41-31    amended to read as follows:

41-32          Art. 2.09A.  ALTERNATIVE RATE.  Notwithstanding the

41-33    provisions of Article 2.09 of this Act, any corporation, domestic

41-34    or foreign, including but not limited to any charitable or

41-35    religious corporation, may agree to and stipulate for any rate of

41-36    interest that does not exceed a rate authorized by Chapter 1D

41-37    [Article 1.04], Title 79, Revised [Civil] Statutes [of Texas, 1925,

41-38    as amended (Article 5069-1.04, Vernon's Texas Civil Statutes)].

41-39          SECTION 40.  Section 7.01, Texas Credit Union Act (Article

41-40    2461-7.01, Vernon's Texas Civil Statutes), is amended to read as

41-41    follows:

41-42          Sec. 7.01. PURPOSE, TERMS, AND INTEREST RATE. If made in

41-43    accordance with rules adopted by the commission, a credit union may

41-44    make loans to members for such purposes as it may approve and on

41-45    such security and terms as it may require, at rates of interest not

41-46    exceeding one and one-half percent per month on the unpaid balance,

41-47    or higher rates otherwise authorized by law, including the rates

41-48    authorized by Chapter 1D [Article 1.04], Title 79, Revised Statutes

41-49    [(Article 5069-1.04, Vernon's Texas Civil Statutes)].  Chapter 15

41-50    and Subtitle 2, Title 79, Revised Statutes [(Article 5069-2.01 et

41-51    seq., Vernon's Texas Civil Statutes)], do not apply to a credit

41-52    union loan or extension of credit unless the agreement evidencing

41-53    that transaction specifically provides otherwise.  Every loan must

41-54    be evidenced by a written instrument.

41-55          SECTION 41.  Section 16.01, Medical Liability and Insurance

41-56    Improvement Act of Texas (Article 4590i, Vernon's Texas Civil

41-57    Statutes), is amended to read as follows:

41-58          Sec. 16.01.  APPLICATION OF OTHER LAW.  Notwithstanding

41-59    Articles 1E.101, 1E.102, and 1E.104-1E.108 [Sections 6(a)-(f),

41-60    Article 1.05], Title 79, Revised Statutes [(Article 5069-1.05,

41-61    Vernon's Texas Civil Statutes)], prejudgment interest in a health

41-62    care liability claim shall be awarded in accordance with this

41-63    subchapter.

41-64          SECTION 42.  Section 16.02(c), Medical Liability and

41-65    Insurance Improvement Act of Texas (Article 4590i, Vernon's Texas

41-66    Civil Statutes), is amended to read as follows:

41-67          (c)  Prejudgment interest allowed under this subchapter shall

41-68    be computed in accordance with Article 1E.103 [Section 6(g),

41-69    Article 1.05], Title 79, Revised Statutes [(Article 5069-1.05,

 42-1    Vernon's Texas Civil Statutes)], for a period beginning on the date

 42-2    of injury and ending on the date before the date the judgment is

 42-3    signed.

 42-4          SECTION 43.  Section 1.04(c), Texas Revised Partnership Act

 42-5    (Article 6132b-1.04, Vernon's Texas Civil Statutes), is amended to

 42-6    read as follows:

 42-7          (c)  Interest Rate.  If an obligation to pay interest arises

 42-8    under this Act and the rate is not specified, the rate is the rate

 42-9    specified by Article 1C.002 [1.03], Title 79, Revised Statutes

42-10    [(Article 5069-1.03, Vernon's Texas Civil Statutes), and its

42-11    subsequent amendments], or a successor statute.

42-12          SECTION 44.  Section 1(a), Chapter 617, Acts of the 68th

42-13    Legislature, Regular Session, 1983 (Article 9022, Vernon's Texas

42-14    Civil Statutes), is amended to read as follows:

42-15          (a)  The holder of a check or its assignee, agent,

42-16    representative, or any other person retained by the holder to seek

42-17    collection of the face value of the dishonored check on return of

42-18    the check to the holder following its dishonor by a payor may

42-19    charge the drawer or endorser a reasonable processing fee, which

42-20    shall not exceed $25. A person may not charge a processing fee to a

42-21    drawer or endorser under this subsection if the fee has been

42-22    collected under Article 102.007(e) or  Article 102.0071, Code of

42-23    Criminal Procedure.  If a processing fee has been collected under

42-24    this subsection and the holder subsequently receives a fee

42-25    collected under Article 102.007(e) or  Article 102.0071, Code of

42-26    Criminal Procedure, the holder shall immediately refund the fee

42-27    previously collected from the drawer or endorser.  Notwithstanding

42-28    any other provisions of law, a loan agreement made under Chapter 3A

42-29    [3 or 4], Title 79, Revised Statutes [(Article 5069-1.01 et seq.,

42-30    Vernon's Texas Civil Statutes)], may provide that on return of a

42-31    dishonored check given in payment under the agreement, the holder

42-32    may charge the obligor under the agreement the processing fee

42-33    authorized by this Act, and the fee may be added to the unpaid

42-34    balance owed under the agreement, except that interest may not be

42-35    charged on the fee during the term of the agreement.

42-36          SECTION 45.  Chapters 1,  1A, 3, 4, and 5, Title 79, Revised

42-37    Statutes, are repealed.

42-38          SECTION 46.  (a)  The change in law made by this Act applies

42-39    only to an act committed or a transaction that occurs on or after

42-40    the effective date of this Act.

42-41          (b)  An act committed or a transaction that occurs before the

42-42    effective date of this Act is covered by the law in effect when the

42-43    act was committed or the transaction occurred, and the former law

42-44    is continued in effect for that purpose.

42-45          SECTION 47.  (a)  If this Act conflicts with another Act of

42-46    the 75th Legislature, Regular Session, 1997:

42-47                (1)  the change in law made in the other Act prevails

42-48    and the substance of the change is given effect as part of this Act

42-49    unless:

42-50                      (A)  this Act or the conflicting Act expressly

42-51    provides otherwise; or

42-52                      (B)  it is not possible to give the conflicting

42-53    law effect within the context of this Act, in which event this Act

42-54    prevails; and

42-55                (2)  the text of a law that is reenacted in the other

42-56    Act only because of the constitutional requirement that the amended

42-57    law be reenacted at length is superseded by this Act.

42-58          (b)  If this Act and another Act of the 75th Legislature,

42-59    Regular Session, 1997, make the same substantive change from the

42-60    current law, but differ in text, this Act prevails regardless of

42-61    the relative dates of enactment.

42-62          SECTION 48.  This Act takes effect September 1, 1997.

42-63          SECTION 49.  The importance of this legislation and the

42-64    crowded condition of the calendars in both houses create an

42-65    emergency and an imperative public necessity that the

42-66    constitutional rule requiring bills to be read on three several

42-67    days in each house be suspended, and this rule is hereby suspended.

42-68                                 * * * * *