1-1                                   AN ACT
 1-2     relating to additional interest for default on a loan contract
 1-3     including simple interest.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5            ARTICLE 1.  AMENDMENTS TO TITLE 79, REVISED STATUTES
 1-6           SECTION 1.01.  Article 3A.303, Title 79, Revised Statutes
 1-7     (Article 5069-3A.303, Vernon's Texas Civil Statutes), is amended to
 1-8     read as follows:
 1-9           Art. 3A.303.  ADDITIONAL INTEREST FOR DEFAULT:  REGULAR
1-10     TRANSACTION.  (a)  A loan contract that includes precomputed
1-11     interest and that is a regular transaction may provide for
1-12     additional interest for default if any part of an installment
1-13     remains unpaid after the 10th day after the date on which the
1-14     installment is due, including Sundays and holidays.
1-15           (b)  A loan contract that uses the scheduled installment
1-16     earnings method and that is a regular transaction may provide for
1-17     additional interest for default if any part of an installment
1-18     remains unpaid after the 10th day after the date on which the
1-19     installment is due, including Sundays and holidays.
1-20           (c)  A loan contract that includes simple interest and that
1-21     is a regular transaction may provide for additional interest for
1-22     default if any part of an installment remains unpaid after the 10th
1-23     day after the date on which the installment is due, including
1-24     Sundays and holidays.
 2-1           (d)  The additional interest may not exceed five cents for
 2-2     each $1 of a scheduled installment.
 2-3           (e) [(d)]  Interest under this article may not be collected
 2-4     more than once on the same installment.
 2-5           SECTION 1.02.  Article 3A.306, Title 79, Revised Statutes
 2-6     (Article 5069-3A.306, Vernon's Texas Civil Statutes), is amended to
 2-7     read as follows:
 2-8           Art. 3A.306.  ADDITIONAL INTEREST FOR DEFAULT:  IRREGULAR
 2-9     TRANSACTION.  (a) A loan contract that includes precomputed
2-10     interest and that is an irregular transaction may provide for
2-11     additional interest  for default using the true daily earnings
2-12     method for the period from the maturity date of an installment
2-13     until the date the installment is paid.  The rate of the additional
2-14     interest may not exceed the maximum contract interest rate.
2-15           (b)  A loan contract that includes simple interest and that
2-16     is an irregular transaction may provide for additional interest for
2-17     default if any  part of an installment remains unpaid after the
2-18     10th day after the date on which the installment is due, including
2-19     Sundays and holidays.  The additional interest may not exceed five
2-20     cents for each $1 of a scheduled installment.  Interest under this
2-21     subsection may not be collected more than once on the same
2-22     installment.
2-23                   ARTICLE 2.  AMENDMENTS TO FINANCE CODE
2-24           SECTION 2.01.  Section 342.203, Finance Code, is amended to
2-25     read as follows:
2-26           Sec. 342.203.  ADDITIONAL INTEREST FOR DEFAULT: REGULAR
2-27     TRANSACTION.  (a)  A loan contract that includes precomputed
 3-1     interest and that is a regular transaction may provide for
 3-2     additional interest for default if any part of an installment
 3-3     remains unpaid after the 10th day after the date on which the
 3-4     installment is due, including Sundays and holidays.
 3-5           (b)  A loan contract that uses the scheduled installment
 3-6     earnings method and that is a regular transaction may provide for
 3-7     additional interest for default if any part of an installment
 3-8     remains unpaid after the 10th day after the date on which the
 3-9     installment is due, including Sundays and holidays.
3-10           (c)  A loan contract that includes simple interest and that
3-11     is a regular transaction may provide for additional interest for
3-12     default if any part of an installment remains unpaid after the 10th
3-13     day after the date on which the installment is due, including
3-14     Sundays and holidays.
3-15           (d)  The additional interest may not exceed five cents for
3-16     each $1 of a scheduled installment.
3-17           (e) [(d)]  Interest under this section may not be collected
3-18     more than once on the same installment.
3-19           SECTION 2.02.  Section 342.206, Finance Code, is amended to
3-20     read as follows:
3-21           Sec. 342.206.  ADDITIONAL INTEREST FOR DEFAULT:  IRREGULAR
3-22     TRANSACTION.  (a)  A loan contract that includes precomputed
3-23     interest and that is an irregular transaction may provide for
3-24     additional interest for default using the true daily earnings
3-25     method for the period from the maturity date of an installment
3-26     until the date the installment is paid.  The rate of the additional
3-27     interest may not exceed the maximum contract interest rate.
 4-1           (b)  A loan contract that includes simple interest and that
 4-2     is an irregular transaction may provide for additional interest for
 4-3     default if any part of an installment remains unpaid after the 10th
 4-4     day after the date on which the installment is due, including
 4-5     Sundays and holidays.  The additional interest may not exceed five
 4-6     cents for each $1 of a scheduled installment.  Interest under this
 4-7     subsection may not be collected more than once on the same
 4-8     installment.
 4-9                    ARTICLE 3.  EFFECTIVE DATE; EMERGENCY
4-10           SECTION 3.01.  (a)  Except as provided by Subsections (b) and
4-11     (c) of this section, this Act takes effect September 1, 1999.
4-12           (b)  Article 1 of this Act takes effect only if the Act of
4-13     the 76th Legislature, Regular Session, 1999, relating to
4-14     nonsubstantive additions to and corrections in enacted codes does
4-15     not take effect.
4-16           (c)  Article 2 of this Act takes effect only if the Act of
4-17     the 76th Legislature, Regular Session, 1999, relating to
4-18     nonsubstantive additions to and corrections in enacted codes takes
4-19     effect.
4-20           SECTION 3.02.  The importance of this legislation and the
4-21     crowded condition of the calendars in both houses create an
4-22     emergency and an imperative public necessity that the
4-23     constitutional rule requiring bills to be read on three several
4-24     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. 2337 was passed by the House on May
         8, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2337 was passed by the Senate on May
         26, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor