1-1     By:  Eiland (Senate Sponsor - Bernsen)                 H.B. No. 744
 1-2           (In the Senate - Received from the House April 16, 1999;
 1-3     April 19, 1999, read first time and referred to Committee on
 1-4     Economic Development; May 5, 1999, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 5, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to revolving credit accounts.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 346.101(a), Finance Code, is amended to
1-11     read as follows:
1-12           (a)  A revolving credit account may provide for interest on
1-13     an account at an annual rate[:]
1-14                 [(1)]  that does not exceed[:]
1-15                       [(A)]  18 percent a year [on that part of the
1-16     average daily balance of the account that does not exceed $1,500;]
1-17                       [(B)  12 percent a year on that part of the
1-18     average daily balance of the account that exceeds $1,500 but does
1-19     not exceed $2,500; and]
1-20                       [(C)  10 percent a year on that part of the
1-21     average daily balance of the account that exceeds $2,500; or]
1-22                 [(2)  that does not exceed 14.4 percent a year on the
1-23     entire average daily balance of the account].
1-24           SECTION 2.  Section 346.103, Finance Code, is amended to read
1-25     as follows:
1-26           Sec. 346.103.  FEES.  (a)  The following fees may be charged
1-27     to or collected from a customer in connection with an account under
1-28     this chapter:
1-29                 (1)  an annual fee not to exceed:
1-30                       (A)  $50 a year on an account with a credit limit
1-31     of $5,000 or less;
1-32                       (B)  $75 a year on an account with a credit limit
1-33     exceeding $5,000 but not exceeding $25,000; and
1-34                       (C)  $125 a year on an account with a credit
1-35     limit exceeding $25,000;
1-36                 (2)  a late charge not to exceed the lesser of $15 or
1-37     five percent of the payment due after the payment continues unpaid
1-38     for 10 days or more after the date the payment is due, including
1-39     Sundays and holidays;
1-40                 (3)  a cash advance charge not to exceed the greater of
1-41     $2 or two percent of the cash advance;
1-42                 (4)  a returned check fee as provided for a loan
1-43     agreement under Chapter 342 by Section 1, Chapter 617, Acts of the
1-44     68th Legislature, Regular Session, 1983 (Article 9022, Vernon's
1-45     Texas Civil Statutes); and
1-46                 (5)  a fee for exceeding a credit limit not to exceed
1-47     the greater of $15 or five percent of the amount by which the
1-48     credit limit is exceeded.
1-49           (b)  A creditor may not charge, contract for, or receive
1-50     interest on fees authorized under this section.  [In connection
1-51     with a revolving credit account, a person may not charge or collect
1-52     from a customer a fee that is not authorized by statute.]
1-53           SECTION 3.  Section 346.103, Finance Code, is amended to read
1-54     as follows:
1-55           Sec. 346.103.  FEES.  (a)  The following fees may be charged
1-56     to or collected from a customer in connection with an account under
1-57     this chapter:
1-58                 (1)  an annual fee not to exceed:
1-59                       (A)  $50 a year on an account with a credit limit
1-60     of  $5,000 or less;
1-61                       (B)  $75 a year on an account with a credit limit
1-62     exceeding $5,000 but not exceeding $25,000; and
1-63                       (C)  $125 a year on an account with a credit
1-64     limit exceeding $25,000;
 2-1                 (2)  a late charge not to exceed the lesser of $15 or
 2-2     five percent of the payment due after the payment continues unpaid
 2-3     for 10 days or more after the date the payment is due, including
 2-4     Sundays and holidays;
 2-5                 (3)  a cash advance charge not to exceed the greater of
 2-6     $2 or two percent of the cash advance;
 2-7                 (4)  a returned check fee as provided for a loan
 2-8     agreement under Chapter 3A, Title 79, Revised Statutes, by Section
 2-9     1, Chapter 617, Acts of the 68th Legislature, Regular Session, 1983
2-10     (Article 9022, Vernon's Texas Civil Statutes); and
2-11                 (5)  a fee for exceeding a credit limit not to exceed
2-12     the greater of $15 or five percent of the amount by which the
2-13     credit limit is exceeded.
2-14           (b)  A creditor may not charge, contract for, or receive
2-15     interest on fees authorized under this section.  [In connection
2-16     with a revolving credit account, a person may not charge or collect
2-17     from a customer a fee that is not authorized by statute.]
2-18           SECTION 4.  Section 345.157, Finance Code, is amended by
2-19     amending Subsection (b) and adding Subsection (d) to read as
2-20     follows:
2-21           (b)  The amount of a delinquency charge may not exceed $15
2-22     [$10].
2-23           (d)  The holder shall remit 50 cents of each delinquency
2-24     charge in excess of $10 collected under this section to the
2-25     comptroller, in the time and manner established by the comptroller,
2-26     for deposit to the credit of an account in the general revenue
2-27     fund.  One-half of the money in the account may be appropriated
2-28     only to finance research conducted by the finance commission under
2-29     Section 11.305 and the other one-half of the money in the account
2-30     may be appropriated only to finance educational activities and
2-31     counseling services under Section 394.001.
2-32           SECTION 5.  Section 303.009(e), Finance Code, is repealed.
2-33           SECTION 6.  (a)  Except as provided by Subsections (b) and
2-34     (c) of this section, this Act takes effect September 1, 1999.
2-35           (b)  Sections 2 and 5 of this Act take effect only if the Act
2-36     of the 76th Legislature, Regular Session, 1999, relating to
2-37     nonsubstantive additions to and corrections in enacted codes takes
2-38     effect.
2-39           (c)  Section 3 of this Act takes effect only if the Act of
2-40     the 76th Legislature, Regular Session, 1999, relating to
2-41     nonsubstantive additions to and corrections in enacted codes does
2-42     not take effect.
2-43           SECTION 7.  The importance of this legislation and the
2-44     crowded condition of the calendars in both houses create an
2-45     emergency and an imperative public necessity that the
2-46     constitutional rule requiring bills to be read on three several
2-47     days in each house be suspended, and this rule is hereby suspended.
2-48                                  * * * * *