By Giddings                                            H.B. No. 562
         76R3686 DWS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain transactions subject to regulation as loans.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter A, Chapter 342, Finance Code, is
 1-5     amended by adding Sections 342.007 and 342.008 to read as follows:
 1-6           Sec. 342.007.  DELAYED DEPOSIT OF CERTAIN INSTRUMENTS.  (a)
 1-7     In this section, "check" includes a negotiable order of withdrawal
 1-8     or share draft.
 1-9           (b)  A transaction is a loan subject to this subtitle if the
1-10     transaction involves:
1-11                 (1)  a cash advance made in exchange for a check; and
1-12                 (2)  an agreement to delay or defer deposit or
1-13     negotiation of the check for a fixed period.
1-14           (c)  A charge or other amount received by the person making a
1-15     cash advance in a transaction described by Subsection (b), other
1-16     than repayment of the amount of the cash advance, is interest
1-17     subject to this subtitle.
1-18           (d)  A person may not avoid the application of this section
1-19     by any subterfuge or device, including a claim or contract
1-20     providing that a transaction described by Subsection (b) is a
1-21     retail sale or involves a service fee.  This section does not apply
1-22     to a bona fide retail sale of merchandise that does not involve a
1-23     cash advance and an agreement to delay or defer deposit or
1-24     negotiation of a check.
 2-1           Sec. 342.008.  CERTAIN SALES OF PERSONAL PROPERTY.  (a)  A
 2-2     sale or purported sale of personal property used primarily for
 2-3     personal, family, or household use is a loan subject to this
 2-4     subtitle if:
 2-5                 (1)  the buyer agrees to lease the property back to the
 2-6     seller for lease payments that in the aggregate equal or exceed the
 2-7     price paid for the property by the buyer;
 2-8                 (2)  the buyer agrees to resell the property to the
 2-9     seller  for an amount that equals or exceeds the price paid for the
2-10     property by the buyer; or
2-11                 (3)  the seller gives the buyer a check, negotiable
2-12     order of withdrawal, or share draft for an amount that equals or
2-13     exceeds the price paid for the property by the buyer and agrees
2-14     that the instrument may be deposited or negotiated if the seller
2-15     does not exercise a purchase option or make lease payments.
2-16           (b)  If, in a transaction described by Subsection (a), the
2-17     total amount received by the buyer exceeds the price paid for the
2-18     property by the buyer, the excess amount is interest subject to
2-19     this subtitle.
2-20           (c)  The purported taking of title to or a security interest
2-21     or other lien in property by a buyer in connection with a
2-22     transaction described by Subsection (a)  is a deceptive trade
2-23     practice under Subchapter E, Chapter 17, Business & Commerce Code.
2-24     Title to the property is not transferred and the security interest
2-25     or other lien does not attach.
2-26           (d)  This section does not apply to a sale or purported sale
2-27     of personal property used for business, commercial, investment,
 3-1     agricultural, or similar purposes.
 3-2           SECTION 2.  Subchapter D, Chapter 392, Finance Code, is
 3-3     amended by adding Section 392.307 to read as follows:
 3-4           Sec. 392.307.  THREATENING OR PURSUING ACTION TO COLLECT
 3-5     CERTAIN CHECKS.  (a)  In this section, "check" includes a
 3-6     negotiable order of  withdrawal or share draft.
 3-7           (b)  A person may not file or threaten to file a charge,
 3-8     complaint, or a criminal prosecution under Section 31.03, 31.04, or
 3-9     32.41, Penal Code, based on nonpayment of a check if:
3-10                 (1)  the person from whom collection is sought gave the
3-11     check in exchange for a cash advance; and
3-12                 (2)  the person making the advance did not, before the
3-13     fourth business day after the date that the person received the
3-14     check, deposit the check in a financial institution or present the
3-15     check for payment.
3-16           SECTION 3.  This Act takes effect September 1, 1999.
3-17           SECTION 4.  The importance of this legislation and the
3-18     crowded condition of the calendars in both houses create an
3-19     emergency and an imperative public necessity that the
3-20     constitutional rule requiring bills to be read on three several
3-21     days in each house be suspended, and this rule is hereby suspended.