1-1     By:  Wentworth                                        S.B. No. 1798

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

 1-3     first time and referred to Committee on Economic Development;

 1-4     May 9, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 6, Nays 0; May 9, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1798               By:  Patterson

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to charging an amount in connection with a loan or other

1-11     extension of credit.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subsection (1), Section (n), Article 1.04, Title

1-14     79, Revised Statutes (Article 5069-1.04, Vernon's Texas Civil

1-15     Statutes), is amended to read as follows:

1-16                 (1)  Any loan made under authority of this Article that

1-17     is extended either primarily for personal, family, or household use

1-18     but not for business, commercial, investment, agricultural, or

1-19     other similar purposes, or primarily for the purchase of a motor

1-20     vehicle, other than a heavy commercial vehicle as defined in

1-21     Section (n), Article 7.01, Title 79, Revised Statutes (Article

1-22     5069-7.01, Vernon's Texas Civil Statutes), and that is payable in

1-23     two or more installments, not secured by a lien on real estate, and

1-24     that is entered by a person engaged in the business of making or

1-25     negotiating those types of loans, is subject to Chapter 4 of this

1-26     Title, and any person except a bank or savings and loan association

1-27     engaged in that business or a representative of the bank or savings

1-28     and loan association acting on behalf of the bank or savings and

1-29     loan association shall obtain a license under Chapter 3 of this

1-30     Title.

1-31           SECTION 2.  Section (1), Article 3.01, Title 79, Revised

1-32     Statutes (Article 5069-3.01, Vernon's Texas Civil Statutes), is

1-33     amended to read as follows:

1-34           (1)  Only a person who has obtained a license from the

1-35     Consumer Credit Commissioner or a bank or savings and loan

1-36     association doing business under the laws of this state or of the

1-37     United States or a representative of the bank or savings and loan

1-38     association acting on behalf of the bank or savings and loan

1-39     association is an authorized lender under this Chapter and may

1-40     engage in the business of making, transacting, or negotiating loans

1-41     with cash advances of Two Thousand, Five Hundred Dollars or less,

1-42     and contract for, charge or receive, directly, or indirectly, on or

1-43     in connection with any such loan, any charges, whether for

1-44     interest, compensation, consideration or expense or other thing or

1-45     otherwise, which in the aggregate are greater than such person

1-46     would be permitted by law to charge if he were not an authorized

1-47     lender under this Chapter.

1-48           SECTION 3.  Section (a), Article 8.01, Title 79, Revised

1-49     Statutes (Article 5069-8.01, Vernon's Texas Civil Statutes), is

1-50     amended to read as follows:

1-51           (a)(1) [(a)]  Any person who violates this Subtitle by

1-52     contracting for, charging or receiving interest or[,] time price

1-53     differential [or other charges] which are greater than the amount

1-54     authorized by this Subtitle, shall forfeit to the obligor twice the

1-55     amount of interest or time price differential [and default and

1-56     deferment charges] contracted for, charged or received, and

1-57     reasonable attorneys' fees fixed by the court.

1-58                 (2)  Any person who violates this Subtitle by

1-59     contracting for, charging, or receiving a charge, other than

1-60     interest or time price differential, which is greater than the

1-61     amount authorized by this Subtitle, shall forfeit to the obligor:

1-62                       (A)  the greater of:

1-63                             (i)  three times the amount of the

1-64     difference between the amount of the other charge contracted for,

 2-1     charged or received, and the appropriate amount authorized by this

 2-2     Subtitle; or

 2-3                             (ii)  $2,000 or 20 percent of the principal

 2-4     balance, whichever is less; and

 2-5                       (B)  reasonable attorneys' fees fixed by the

 2-6     court.

 2-7           SECTION 4.  Article 8.02, Title 79, Revised Statutes (Article

 2-8     5069-8.02, Vernon's Texas Civil Statutes), is amended to read as

 2-9     follows:

2-10           Art. 8.02.  CONTRACTING FOR, CHARGING OR RECEIVING INTEREST,

2-11     TIME PRICE DIFFERENTIAL OR OTHER CHARGES IN EXCESS OF DOUBLE THE

2-12     AMOUNT AUTHORIZED.  Any person who violates this Subtitle  by

2-13     contracting for, charging or receiving interest or[,] time price

2-14     differential [or other charges] which are in the aggregate in

2-15     excess of double the total amount of interest or[,] time price

2-16     differential [and other charges] authorized by this Subtitle shall

2-17     forfeit to the obligor as an additional penalty all principal or

2-18     principal balance, as well as all interest or time price

2-19     differential, [and all other charges,] and shall pay reasonable

2-20     attorneys' fees actually incurred by the obligor in enforcing the

2-21     provisions of this Article; provided further that any such person

2-22     violating provisions of this Article shall be guilty of a

2-23     misdemeanor and upon conviction thereof shall be punished by a fine

2-24     of not more than One Hundred Dollars.  Each contract or transaction

2-25     in violation of this Article shall constitute a separate offense

2-26     punishable hereunder.

2-27           SECTION 5.  The importance of this legislation and the

2-28     crowded condition of the calendars in both houses create an

2-29     emergency and an imperative public necessity that the

2-30     constitutional rule requiring bills to be read on three several

2-31     days in each house be suspended, and this rule is hereby suspended,

2-32     and that this Act take effect and be in force from and after its

2-33     passage, and it is so enacted.

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