1-1                                   AN ACT
 1-2     relating to revolving credit accounts.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 346.101(a), Finance Code, is amended to
 1-5     read as follows:
 1-6           (a)  A revolving credit account may provide for interest on
 1-7     an account at an annual rate[:]
 1-8                 [(1)]  that does not exceed[:]
 1-9                       [(A)]  18 percent a year [on that part of the
1-10     average daily balance of the account that does not exceed $1,500;]
1-11                       [(B)  12 percent a year on that part of the
1-12     average daily balance of the account that exceeds $1,500 but does
1-13     not exceed $2,500; and]
1-14                       [(C)  10 percent a year on that part of the
1-15     average daily balance of the account that exceeds $2,500; or]
1-16                 [(2)  that does not exceed 14.4 percent a year on the
1-17     entire average daily balance of the account].
1-18           SECTION 2.  Section 346.103, Finance Code, is amended to read
1-19     as follows:
1-20           Sec. 346.103.  FEES.  (a)  The following fees may be charged
1-21     to or collected from a customer in connection with an account under
1-22     this chapter:
1-23                 (1)  an annual fee not to exceed:
1-24                       (A)  $50 a year on an account with a credit limit
 2-1     of $5,000 or less;
 2-2                       (B)  $75 a year on an account with a credit limit
 2-3     exceeding $5,000 but not exceeding $25,000; and
 2-4                       (C)  $125 a year on an account with a credit
 2-5     limit exceeding $25,000;
 2-6                 (2)  a late charge not to exceed the lesser of $15 or
 2-7     five percent of the payment due after the payment continues unpaid
 2-8     for 10 days or more after the date the payment is due, including
 2-9     Sundays and holidays;
2-10                 (3)  a cash advance charge not to exceed the greater of
2-11     $2 or two percent of the cash advance;
2-12                 (4)  a returned check fee as provided for a loan
2-13     agreement under Chapter 342 by Section 1, Chapter 617, Acts of the
2-14     68th Legislature, Regular Session, 1983 (Article 9022, Vernon's
2-15     Texas Civil Statutes); and
2-16                 (5)  a fee for exceeding a credit limit not to exceed
2-17     the greater of $15 or five percent of the amount by which the
2-18     credit limit is exceeded.
2-19           (b)  A creditor may not charge, contract for, or receive
2-20     interest on fees authorized under this section.
2-21           (c)  A customer's monthly statement must contain the
2-22     following notice printed or typed in at least 10-point type that is
2-23     boldfaced, capitalized, underlined, or otherwise conspicuously set
2-24     out from the surrounding written material:  "A LATE CHARGE OF FIVE
2-25     PERCENT OF THE PAYMENT DUE OR A MAXIMUM OF $15 WILL BE ASSESSED FOR
2-26     A PAYMENT MADE 10 DAYS OR MORE AFTER THE DATE PAYMENT OF THIS BILL
2-27     IS DUE." [In connection with a revolving credit account, a person
 3-1     may not charge or collect from a customer a fee that is not
 3-2     authorized by statute.]
 3-3           SECTION 3.  Section 346.103, Finance Code, is amended to read
 3-4     as follows:
 3-5           Sec. 346.103.  FEES.  (a)  The following fees may be charged
 3-6     to or collected from a customer in connection with an account under
 3-7     this chapter:
 3-8                 (1)  an annual fee not to exceed:
 3-9                       (A)  $50 a year on an account with a credit limit
3-10     of  $5,000 or less;
3-11                       (B)  $75 a year on an account with a credit limit
3-12     exceeding $5,000 but not exceeding $25,000; and
3-13                       (C)  $125 a year on an account with a credit
3-14     limit exceeding $25,000;
3-15                 (2)  a late charge not to exceed the lesser of $15 or
3-16     five percent of the payment due after the payment continues unpaid
3-17     for 10 days or more after the date the payment is due, including
3-18     Sundays and holidays;
3-19                 (3)  a cash advance charge not to exceed the greater of
3-20     $2 or two percent of the cash advance;
3-21                 (4)  a returned check fee as provided for a loan
3-22     agreement under Chapter 3A, Title 79, Revised Statutes, by Section
3-23     1, Chapter 617, Acts of the 68th Legislature, Regular Session, 1983
3-24     (Article 9022, Vernon's Texas Civil Statutes); and
3-25                 (5)  a fee for exceeding a credit limit not to exceed
3-26     the greater of $15 or five percent of the amount by which the
3-27     credit limit is exceeded.
 4-1           (b)  A creditor may not charge, contract for, or receive
 4-2     interest on fees authorized under this section.  [In connection
 4-3     with a revolving credit account, a person may not charge or collect
 4-4     from a customer a fee that is not authorized by statute.]
 4-5           SECTION 4.  Section 345.157, Finance Code, is amended by
 4-6     amending Subsection (b) and adding Subsections (d), (e), and (f) to
 4-7     read as follows:
 4-8           (b)  The amount of a delinquency charge may not exceed $15
 4-9     [$10].
4-10           (d)  The holder shall remit 50 cents of each delinquency
4-11     charge in excess of $10 collected under this section to the
4-12     comptroller, in the time and manner established by the comptroller,
4-13     for deposit to the credit of an account in the general revenue
4-14     fund.  One-half of the money in the account may be appropriated
4-15     only to finance research conducted by the finance commission under
4-16     Section 11.305 and the other one-half of the money in the account
4-17     may be appropriated only to finance educational activities and
4-18     counseling services under Section 394.001.
4-19           (e)  A customer's monthly statement must contain the
4-20     following notice printed or typed in at least 10-point type that is
4-21     boldfaced, capitalized, underlined, or otherwise conspicuously set
4-22     out from the surrounding written material:  "A DELINQUENCY CHARGE
4-23     OF $15 MAY BE ASSESSED FOR A PAYMENT THAT IS IN DEFAULT FOR A
4-24     PERIOD THAT IS LONGER THAN 21 DAYS."
4-25           (f)  If the commissioner determines that a retail seller or
4-26     creditor that was operating under this subchapter on September 1,
4-27     1999, and that charges a delinquency charge in excess of $10, moved
 5-1     its credit operations out of this state after September 1, 1999, in
 5-2     a manner that results in the retail seller's or creditor's retail
 5-3     charge agreements not being subject to this subchapter, the
 5-4     commissioner shall collect from the retail seller or creditor an
 5-5     amount equal to 25 cents for each delinquency charge in excess of
 5-6     $10 collected during the 12-month period preceding the date of the
 5-7     move.
 5-8           SECTION 5.  Section 303.009(e), Finance Code, is repealed.
 5-9           SECTION 6.  (a)  Except as provided by Subsections (b) and
5-10     (c) of this section, this Act takes effect September 1, 1999.
5-11           (b)  Sections 2 and 5 of this Act take effect only if the Act
5-12     of the 76th Legislature, Regular Session, 1999, relating to
5-13     nonsubstantive additions to and corrections in enacted codes takes
5-14     effect.
5-15           (c)  Section 3 of this Act takes effect only if the Act of
5-16     the 76th Legislature, Regular Session, 1999, relating to
5-17     nonsubstantive additions to and corrections in enacted codes does
5-18     not take effect.
5-19           SECTION 7.  The importance of this legislation and the
5-20     crowded condition of the calendars in both houses create an
5-21     emergency and an imperative public necessity that the
5-22     constitutional rule requiring bills to be read on three several
5-23     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 744 was passed by the House on April
         15, 1999, by a non-record vote; that the House refused to concur in
         Senate amendments to H.B. No. 744 on May 20, 1999, and requested
         the appointment of a conference committee to consider the
         differences between the two houses; and that the House adopted the
         conference committee report on H.B. No. 744 on May 30, 1999, by a
         non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 744 was passed by the Senate, with
         amendments, on May 18, 1999, by a viva-voce vote; at the request of
         the House, the Senate appointed a conference committee to consider
         the differences between the two houses; and that the Senate adopted
         the conference committee report on H.B. No. 744 on May 30, 1999, by
         a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor