SRC-JJJ H.B. 2180 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2180
By: Averitt (Cain)
Economic Development
5/9/1999
Engrossed


DIGEST 

Various provisions and ambiguities have resulted from the passage of
certain legislation  regarding  
consumer and commercial loans.  H.B. 2180 would establish provisions
regarding usury and the regulation of lenders. 

PURPOSE

As proposed, H.B. 2180 establishes provisions regarding usury and the
regulation of lenders. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  AMENDMENTS TO TITLE 79, REVISED STATUTES

SECTION 1.01.  Amends Articles 5069-1B.002(b) and (c), V.T.C.S., to provide
that the rulemaking applies to the title rather than the subtitle.  Deletes
requirements  that definitions be liberally construed. 

SECTION 1.02.  Amends Article 5069-1C.102, V.T.C.S., as follows:

Art. 1C.102.  New heading:  PROHIBITION ON PREPAYMENT PENALTY.  Provides
that a prepayment penalty  may not be collected on the loan unless the
penalty is required by an agency created by federal law, if the interest
rate on a loan for property that is or is to be the residential homestead
of the borrower is greater than a rate of 12 percent a year. Deletes text
regarding a prepayment charge. 

SECTION 1.03.  Amends Article 5069-1D.003(c), V.T.C.S., to provide the
definition of "auction rate" for this subchapter, rather than article. 

SECTION 1.04.  Amends Article 5069-3A.001, V.T.C.S., to define "regulated
loan license."  Makes a conforming change. 

SECTION 1.05.  Amends Article 5069-3A.002, V.T.C.S., to provide that the
schedule installment earnings method is a method to compute an interest
charge by applying a daily rate to the unpaid balance of the principal
amount, rather than the amount financed, as if all payments will be made
upon the scheduled installment date.  Makes a conforming change. 

SECTION 1.06.  Amends Articles 5069-3A.101(a) and (c), V.T.C.S., to set
forth conditions by which a person must hold an issued license.
Establishes that certain financial institutions organized under the laws of
the United States or under the laws of the institution's state of domicile
are not required to obtain a license under Subsection (a).      

SECTION 1.07.  Amends Articles 5069-3A.102(b) and (c), V.T.C.S., to require
a person who is required to hold a license under this chapter to hold a
separate license for each office at which loans are made, negotiated,
serviced, held, or collected.  Makes conforming changes. 
 
SECTION 1.08.  Amends Article 5069-3A.102(a), V.T.C.S., to provide that if
the commissioner of finance (commissioner) cannot verify that an applicant
for a license  meets the net assets requirement or if the commissioner
questions the financial responsibility or general fitness of the applicant,
the commissioner may require the applicant  to file with the application a
bond for a certain amount.   

SECTION 1.09.  Amends Article 5069-3A.302, V.T.C.S., to provide that an
effective return is determined as a true daily earnings rate. 

SECTION 1.10.  Amends Article 5069-3A.303(a), V.T.C.S., to authorize a loan
contract that includes precomputed interest or uses the scheduled
installment earnings method and that is a regular transaction to provide
for additional interest for default if certain conditions exist. 

SECTION 1.11.  Amends Article 5069-3A.303(a), V.T.C.S., to make conforming
changes.  

SECTION 1.12.  Amends Article 5069-3A.403, V.T.C.S., to authorize the
lender, if a loan that has a term of one month or more is prepaid in full,
to earn a minimum of the acquisition charge and interest charge for one
month.  Authorizes the lender, if a loan has an initial term of less than
one month, to earn a minimum of the acquisition charge and an interest
charge that produces the same effective return as the installment account
handling charge computed at a daily rate for the term the loan is
outstanding. 

SECTION 1.13.  Amends Article 5069-3A.503(a), V.T.C.S.,  to make conforming
changes. 

SECTION 1.14.  Amends Article 5069-3A.507, V.T.C.S., to delete text
regarding a fee for the return by a depository institution of a dishonored
payment of a secondary mortgage loan. 

SECTION 1.15.  Amends Article 5069-3A.508(a), V.T.C.S., to provide that a
lender or a person who is assigned a secondary mortgage loan to collect on
or before the closing of the loan, or include in the principal of the loan
certain reasonable fees including for an appraisal of real property offered
as security for the loan prepared by a licensed or certified appraiser who
is not a salaried employee of the lender.  Deletes text regarding a
statement addressed to the lender.  Makes a conforming change. 

SECTION 1.16.  Amends Articles 5069-3A.701(a) and (b), V.T.C.S., to make
nonsubstantive changes. 

SECTION 1.17.  Amends Articles 5069-3A.702(a) and (c), V.T.C.S., to make
nonsubstantive changes. 

SECTION 1.18.  Amends Article 5069-3A.804, V.T.C.S., to delete text
regarding pledged property. 

SECTION 1.19.  Amends Article 5069-3A.852, V.T.C.S., by amending Subsection
(b) and adding Subsection (c), to authorize a lender on a loan to assess
and collect a fee that does not  exceed the prescribed amount for the
return by a depository institution of a dishonored payment of a loan. Makes
a conforming change. 

ARTICLE 2.  AMENDMENTS TO FINANCE CODE

SECTION 2.01.  Amends Sections 301.002(b) and (c), Finance Code, to
authorize the Finance Commission of Texas, by rule, to adopt definitions to
accomplish the purposes of this title, rather than subtitle.  Deletes text
regarding liberally construed definitions. 

SECTION 2.02.  Amends Section 302.102, Finance Code, to make a
nonsubstantive change. 

SECTION 2.03.  Amends Section 303.003(c), Finance Code, to provide that the
definition for "auction rate" applies to this subchapter, rather than
section. 

SECTION 2.04.  Amends Section 342.001, Finance Code, to define "regulated
loan license."  Makes  conforming changes. 

SECTION 2.05  Amends Sections 342.002 (a) and (b), Finance Code, to make
conforming changes. 

SECTION 2.06.  Amends Sections 342.051(a) and (c), Finance Code, to make
conforming changes. 

SECTION 2.07.  Amends Sections 342.052(b) and (c), Finance Code, to make
conforming changes. 

SECTION 2.08.  Amends Section 342.102(a), Finance Code, to make conforming
changes. 

SECTION 2.09 Amends Section 342.202, Finance Code, to make conforming
changes. 

SECTION 2.10.  Amends Section 342.203(a), Finance Code, to make conforming
changes. 

SECTION 2.11.  Amends Section 342.204(a), Finance Code, to make conforming
changes. 

SECTION 2.12.  Amends Section 342.253, Finance Code, to make conforming
changes. 

SECTION 2.13.  Amends Section 342.303(a), Finance Code, to make conforming
changes. 

SECTION 2.14.  Amends Section 342.307, Finance Code, to delete text
regarding a fee for the return by a depository institution of a dishonored
payment of a secondary mortgage loan. 

SECTION 2.15.  Amends Section 342.308(a), Finance Code, to make conforming
changes. 

SECTION 2.16.  Amends Sections 342.401(a) and (b), to make conforming
changes. 

SECTION 2.17.  Amends Sections 342.402(a) and (c), to make conforming
changes. 

SECTION 2.18.  Amends Section 342.454, Finance Code, to make a conforming
change. 

SECTION 2.19.  Amends Section 342.502, Finance Code, to make conforming
changes. 

ARTICLE 3.  EFFECTIVE DATE; EMERGENCY 

SECTION 3.01.  (a)  Effective date: September 1, 1999, except as provided
by Subsections (b) and (c). 

(b)  Provides that Article 1 of this Act takes effect only if the Act of
the 76th Legislature, Regular Session, 1999, relating to nonsubstantive
additions and corrections in enacted codes does not take effect. 

(c)  Provides that Article 2 of this Act takes effect only if the Act of
the 76th Legislature, Regular Session, 1999, relating to nonsubstantive
additions and corrections in enacted codes does take effect. 

SECTION 3.02.  Emergency clause.