By Cain                                               S.B. No. 1201
         76R6806 DWS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to usury and the regulation of lenders.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4            ARTICLE 1.  AMENDMENTS TO TITLE 79, REVISED STATUTES
 1-5           SECTION 1.01.  Articles 1B.002(b) and (c), Title 79, Revised
 1-6     Statutes (Article 5069-1B.002,  Vernon's Texas Civil Statutes), are
 1-7     amended to read as follows:
 1-8           (b)  These definitions shall be liberally construed to
 1-9     accomplish the purposes of this title [subtitle].
1-10           (c)  The finance commission by rule may adopt other
1-11     definitions to accomplish the purposes of this title [subtitle].
1-12           SECTION 1.02.  Article 1C.102, Title 79, Revised Statutes
1-13     (Article 5069-1C.102, Vernon's Texas Civil Statutes), is amended to
1-14     read as follows:
1-15           Art. 1C.102.  PROHIBITION ON PREPAYMENT [CHARGE OR] PENALTY.
1-16     If the interest rate on a loan for property that is or is to be the
1-17     residential homestead of the borrower is [made at an interest rate
1-18     that  is] greater than a rate of 12 percent a year, a prepayment
1-19     [charge or] penalty may not be collected on the loan unless the
1-20     [charge or] penalty is required by an agency created by federal
1-21     law.
1-22           SECTION 1.03.  Article 1D.003(c), Title 79, Revised Statutes
1-23     (Article 5069-1D.003, Vernon's Texas Civil Statutes), is amended to
1-24     read as follows:
 2-1           (c)  In this subchapter [article], "auction rate" means the
 2-2     auction average rate quoted on a bank discount basis for 26-week
 2-3     treasury bills  issued by the United States government, as
 2-4     published by the Federal Reserve Board, for the week preceding the
 2-5     week in which the weekly rate ceiling is to take effect.
 2-6           SECTION 1.04.  Article 3A.001, Title 79, Revised Statutes
 2-7     (Article 5069-3A.001, Vernon's Texas Civil Statutes), is amended to
 2-8     read as follows:
 2-9           Art. 3A.001. DEFINITIONS.  In this chapter:
2-10                 (1)  "Irregular transaction" means a loan that is
2-11     payable:
2-12                       (A)  in installments that are not consecutive or
2-13     monthly;
2-14                       (B)  with installments that are not substantially
2-15     equal in amount; or
2-16                       (C)  with a first scheduled installment due that
2-17     is not within one month and 15 days after the date of the loan.
2-18                 (2)  "Regular transaction" means a loan that is
2-19     payable:
2-20                       (A)  in consecutive monthly installments;
2-21                       (B)  with installments substantially equal in
2-22     amount; and
2-23                       (C)  with a first scheduled installment due
2-24     within one month and 15 days after the date of the loan.
2-25                 (3)  "Regulated loan license" means a consumer loan
2-26     license.
2-27                 (4)  "Secondary mortgage loan" means a loan that is:
 3-1                       (A)  secured in whole or in part by an interest,
 3-2     including a lien or security interest, in real property that is:
 3-3                             (i)  improved by a dwelling designed for
 3-4     occupancy by four or fewer families; and
 3-5                             (ii)  subject to one or more liens,
 3-6     security interests, prior mortgages, or deeds of trust; and
 3-7                       (B)  not to be repaid before the 91st day after
 3-8     the date of the loan.
 3-9           SECTION 1.05.  Article 3A.002, Title 79, Revised Statutes
3-10     (Article 5069-3A.002, Vernon's Texas Civil Statutes), is amended to
3-11     read as follows:
3-12           Art. 3A.002.  INTEREST COMPUTATION METHODS.  (a)  The
3-13     scheduled installment earnings method is a method to compute an
3-14     interest charge by applying a daily rate to the unpaid balance of
3-15     the principal amount [financed] as if all payments will be made
3-16     upon the scheduled installment date.  The daily rate is  1/365th of
3-17     the equivalent contract rate.  Payments received before or after
3-18     the due date do not cause an adjustment in the amount of the
3-19     scheduled principal reduction.
3-20           (b)  The true daily earnings method is a method to compute an
3-21     interest charge by applying a daily rate to the unpaid balance of
3-22     the principal amount [financed].  The daily rate is  1/365th of the
3-23     equivalent contract rate.  The earned finance charge is computed by
3-24     multiplying the daily rate of the finance charge by the number of
3-25     days the actual principal balance is outstanding.
3-26           SECTION 1.06.  Articles 3A.101(a) and (c), Title 79, Revised
3-27     Statutes (Article 5069-3A.101, Vernon's Texas Civil Statutes), are
 4-1     amended to read as follows:
 4-2           (a)  A person must hold a license issued under this chapter
 4-3     to:
 4-4                 (1)  engage in the business of making, transacting, or
 4-5     negotiating loans subject to this chapter; or [and]
 4-6                 (2)  contract for, charge, or receive, directly or
 4-7     indirectly, in connection with a loan subject to this chapter, a
 4-8     charge, including interest, compensation, consideration, or another
 4-9     expense, authorized under this chapter that in the aggregate
4-10     exceeds the charges authorized under other law.
4-11           (c)  A bank, savings bank, or savings and loan association
4-12     organized under the laws of the United States or under the laws of
4-13     the institution's state of domicile is not required to obtain a
4-14     license  under Subsection (a).
4-15           SECTION 1.07.  Articles 3A.102(b) and (c), Title 79, Revised
4-16     Statutes (Article 5069-3A.102, Vernon's Texas Civil Statutes), are
4-17     amended to read as follows:
4-18           (b)  A person who is required to hold a license under this
4-19     chapter must hold a separate license for each office at which loans
4-20     are made, negotiated, serviced, held, or collected under this
4-21     chapter.
4-22           (c)  A license is not required under this chapter for a place
4-23     of business:
4-24                 (1)  devoted to accounting or other recordkeeping; and
4-25                 (2)  at which loans are not made, negotiated, serviced,
4-26     held, or collected under this chapter or Chapter 15.
4-27           SECTION 1.08.  Article 3A.202(a), Title 79, Revised Statutes
 5-1     (Article 5069-3A.202, Vernon's Texas Civil Statutes), is amended to
 5-2     read as follows:
 5-3           (a)  If the commissioner requires, an applicant for a license
 5-4     under this chapter shall file with the application a bond that is:
 5-5                 (1)  in an amount not to exceed the total of:
 5-6                       (A)  $50,000 [$5,000] for the first license; and
 5-7                       (B)  $10,000 [$1,000] for each additional
 5-8     license;
 5-9                 (2)  satisfactory to the commissioner; and
5-10                 (3)  issued by a surety company qualified to do
5-11     business as a surety in this state.
5-12           SECTION 1.09.  Article 3A.302, Title 79, Revised Statutes
5-13     (Article 5069-3A.302, Vernon's Texas Civil Statutes), is amended to
5-14     read as follows:
5-15           Art. 3A.302.  MAXIMUM CHARGE FOR LOAN WITH SINGLE REPAYMENT.
5-16     A loan contract that exceeds the maximum cash advance of Article
5-17     3A.401 and that is payable in a single installment may provide for
5-18     an interest charge on the cash advance that does not exceed a rate
5-19     or amount that would produce the same effective return, determined
5-20     as a true daily earnings rate, as allowed under Article 3A.301
5-21     having due consideration for the amount and term of the loan.  If a
5-22     loan under this article is prepaid in full, the lender may earn a
5-23     minimum interest charge of $25.
5-24           SECTION 1.10.  Article 3A.303(a), Title 79, Revised Statutes
5-25     (Article 5069-3A.303, Vernon's Texas Civil Statutes), is amended to
5-26     read as follows:
5-27           (a)  A loan contract that includes precomputed interest or
 6-1     uses the scheduled installment earnings method and that is a
 6-2     regular transaction  may provide for additional interest for
 6-3     default if any part of an installment remains unpaid after the 10th
 6-4     day after the date on which the installment is due, including
 6-5     Sundays and holidays.
 6-6           SECTION 1.11.  Article 3A.304(a), Title 79, Revised Statutes
 6-7     (Article 5069-3A.304, Vernon's Texas Civil Statutes), is amended to
 6-8     read as follows:
 6-9           (a)  On a loan contract that includes precomputed interest or
6-10     uses the scheduled installment earnings method and that is a
6-11     regular  transaction, an authorized lender may charge additional
6-12     interest for the deferment of an installment if:
6-13                 (1)  the entire amount of the installment is unpaid;
6-14                 (2)  no interest for default has been collected on the
6-15     installment; and
6-16                 (3)  payment of the installment is deferred for one or
6-17     more full months and the maturity of the contract is extended for a
6-18     corresponding period.
6-19           SECTION 1.12.  Article 3A.403, Title 79, Revised Statutes
6-20     (Article 5069-3A.403, Vernon's Texas Civil Statutes), is amended to
6-21     read as follows:
6-22           Art. 3A.403.  MAXIMUM INTEREST CHARGE FOR LOAN WITH SINGLE
6-23     REPAYMENT.  A loan contract to which Article 3A.401 applies and
6-24     that is payable in a single installment may provide for an
6-25     acquisition charge and an interest charge on the cash advance that
6-26     does not exceed a rate or amount that would produce the same
6-27     effective return, determined as a true daily earnings rate, as
 7-1     allowed under Article 3A.402 having due consideration for the
 7-2     amount and term of the loan.  If a loan that has a term of one
 7-3     month or more under this article is prepaid in full, the lender may
 7-4     earn a  minimum of the acquisition charge and interest charge for
 7-5     one month.  If a loan under this article has an initial term of
 7-6     less than one month, the lender may earn a minimum of the
 7-7     acquisition charge and an interest charge that produces the same
 7-8     effective return as the installment account handling charge
 7-9     computed at a daily rate for the term the loan is outstanding.
7-10           SECTION 1.13.  Article 3A.503(a), Title 79, Revised Statutes
7-11     (Article 5069-3A.503, Vernon's Texas Civil Statutes), is amended to
7-12     read as follows:
7-13           (a)  On a secondary mortgage loan that includes precomputed
7-14     interest or uses the scheduled installment earnings method and that
7-15     is a regular transaction, an authorized lender may charge
7-16     additional interest for the deferment of an installment if:
7-17                 (1)  the entire amount of the installment is unpaid;
7-18                 (2)  no interest for default has been collected on the
7-19     installment; and
7-20                 (3)  payment of the installment is deferred for one or
7-21     more full months and the maturity of the contract is extended for a
7-22     corresponding period.
7-23           SECTION 1.14.  Article 3A.507, Title 79, Revised Statutes
7-24     (Article 5069-3A.507, Vernon's Texas Civil Statutes), is amended to
7-25     read as follows:
7-26           Art. 3A.507.  AMOUNTS AUTHORIZED TO BE INCLUDED IN CONTRACT.
7-27     A secondary mortgage loan contract may provide for:
 8-1                 (1)  reasonable fees or charges paid to the trustee in
 8-2     connection with a deed of trust or similar instrument executed in
 8-3     connection with the secondary mortgage loan, including fees for
 8-4     enforcing the lien against or posting for sale, selling, or
 8-5     releasing the property secured by the deed of trust;
 8-6                 (2)  reasonable fees paid to an attorney who is not an
 8-7     employee of the creditor in the collection of a delinquent
 8-8     secondary mortgage loan; or
 8-9                 (3)  court costs and fees incurred in the collection of
8-10     the loan or foreclosure of a lien created by the loan[; or]
8-11                 [(4)  a fee that does not exceed $15 for the return by
8-12     a depository institution of a dishonored check, negotiable order of
8-13     withdrawal, or share draft offered in full or partial payment of a
8-14     secondary mortgage loan].
8-15           SECTION 1.15.  Article 3A.508(a), Title 79, Revised Statutes
8-16     (Article 5069-3A.508, Vernon's Texas Civil Statutes), is amended to
8-17     read as follows:
8-18           (a)  A lender or a person who is assigned a secondary
8-19     mortgage loan may collect on or before the closing of the loan, or
8-20     include in the principal of the loan:
8-21                 (1)  reasonable fees for:
8-22                       (A)  title examination and preparation of an
8-23     abstract of title by:
8-24                             (i)  an attorney who is not an employee of
8-25     the lender; or
8-26                             (ii)  a title company or property search
8-27     company authorized to do business in this state; or
 9-1                       (B)  premiums or fees for title insurance or
 9-2     title search for the benefit of the mortgagee and, at the
 9-3     mortgagor's option, for title insurance or title search for the
 9-4     benefit of the mortgagor;
 9-5                 (2)  reasonable fees charged to the lender by an
 9-6     attorney who is not a salaried employee of the lender for
 9-7     preparation of the loan documents in connection with the mortgage
 9-8     loan if the fees are evidenced by a statement for services rendered
 9-9     [addressed to the lender];
9-10                 (3)  charges prescribed by law that are paid to public
9-11     officials for determining the existence of a security interest or
9-12     for perfecting, releasing, or satisfying a security interest;
9-13                 (4)  reasonable fees for an appraisal of real property
9-14     offered as security for the loan prepared by a licensed or
9-15     certified appraiser who is not a salaried employee of the lender;
9-16                 (5)  the reasonable cost of a credit report;
9-17                 (6)  reasonable fees for a survey of real property
9-18     offered as security for the loan prepared by a registered surveyor
9-19     who is not a salaried employee of the lender;
9-20                 (7)  the premiums received in connection with the sale
9-21     of credit life insurance, credit accident and health insurance, or
9-22     other insurance that protects the mortgagee against default by the
9-23     mortgagor, the benefits of which are applied in whole or in part to
9-24     reduce or extinguish the loan balance; or [and]
9-25                 (8)  reasonable fees relating to real property offered
9-26     as security for the loan that are incurred to comply with a
9-27     federally mandated program if the collection of the fees or the
 10-1    participation in the program is required by a federal agency.
 10-2          SECTION 1.16.  Articles 3A.701(a) and (b), Title 79, Revised
 10-3    Statutes (Article 5069-3A.701, Vernon's Texas Civil Statutes), are
 10-4    amended to read as follows:
 10-5          (a)  On a loan that is subject to Subchapter E with a cash
 10-6    advance of $300 or more, a lender may [request or] require a
 10-7    borrower to insure tangible personal property offered as security
 10-8    for the loan.
 10-9          (b)  On a secondary mortgage loan, a lender may [request or]
10-10    require a borrower to provide property insurance as security
10-11    against reasonable risks of loss, damage, and destruction.
10-12          SECTION 1.17.  Articles 3A.702(a) and (c), Title 79, Revised
10-13    Statutes (Article 5069-3A.702, Vernon's Texas Civil Statutes), are
10-14    amended to read as follows:
10-15          (a)  On a loan made under this chapter that is subject to
10-16    Subchapter E with a cash advance of $100 or more, a lender may:
10-17                (1)  offer [or request that] a borrower [provide]
10-18    credit life insurance and credit health and accident insurance as
10-19    additional protection for the loan; and
10-20                (2)  offer involuntary unemployment insurance to the
10-21    borrower at the time the loan is made.
10-22          (c)  On a secondary mortgage loan made under this chapter, a
10-23    lender may [request or] require that a borrower provide credit life
10-24    insurance and credit accident and health insurance as additional
10-25    protection for the loan.
10-26          SECTION 1.18.  Article 3A.804, Title 79, Revised Statutes
10-27    (Article 5069-3A.804, Vernon's Texas Civil Statutes), is amended to
 11-1    read as follows:
 11-2          Art. 3A.804.  RETURN OF INSTRUMENTS TO BORROWER ON REPAYMENT.
 11-3    Within a reasonable time after a loan is repaid in full or an
 11-4    open-end account is terminated according to the terms of the
 11-5    contract, a lender shall cancel and return to a borrower any
 11-6    instrument, including a note, assignment, security agreement, or
 11-7    mortgage[, or pledged property] that:
 11-8                (1)  secured the loan; and
 11-9                (2)  does not secure another indebtedness of the
11-10    borrower to the lender.
11-11          SECTION 1.19.  Article 3A.852, Title 79, Revised Statutes
11-12    (Article 5069-3A.852, Vernon's Texas Civil Statutes), is amended by
11-13    amending Subsection (b) and adding Subsection (c) to read as
11-14    follows:
11-15          (b)  On a loan subject to Subchapter E or a secondary
11-16    mortgage loan subject to Subchapter G a lender may assess and
11-17    collect from the borrower an amount incurred by the lender for:
11-18                (1)  court costs;
11-19                (2)  attorney's fees assessed by a court, in addition
11-20    to those provided for in Article 3A.507;
11-21                (3)  a fee authorized by law for filing, recording, or
11-22    releasing in a public office a security for a loan;
11-23                (4)  a reasonable amount spent for repossessing,
11-24    storing, preparing for sale, or selling any security;
11-25                (5)  a fee for recording a lien on or transferring a
11-26    certificate of title to a motor vehicle offered as security for a
11-27    loan made under this chapter; or
 12-1                (6)  a premium or an identifiable charge received in
 12-2    connection with the sale of insurance authorized under this
 12-3    chapter.
 12-4          (c)  On a loan subject to this chapter a lender may assess
 12-5    and collect a fee that does not exceed the amount prescribed by
 12-6    Chapter 617, Acts of the 68th Legislature, Regular Session, 1983
 12-7    (Article 9022, Vernon's Texas Civil Statutes), for the return by a
 12-8    depository institution of a dishonored check, negotiable order of
 12-9    withdrawal, or share draft offered in full or partial payment of a
12-10    loan.
12-11                  ARTICLE 2.  AMENDMENTS TO FINANCE CODE
12-12          SECTION 2.01.  Sections 301.002(b) and (c), Finance Code, are
12-13    amended to read as follows:
12-14          (b)  These definitions shall be liberally construed to
12-15    accomplish the purposes of this title  [subtitle].
12-16          (c)  The Finance Commission of Texas by rule may adopt other
12-17    definitions to accomplish the purposes of this title [subtitle].
12-18          SECTION 2.02.  Section 302.102, Finance Code, is amended to
12-19    read as follows:
12-20          Sec. 302.102.  PROHIBITION ON PREPAYMENT PENALTY.  If the
12-21    interest rate on a loan for property that is or is to be the
12-22    residential homestead of the borrower is greater than 12 percent a
12-23    year, a prepayment penalty may not be collected on the loan unless
12-24    the penalty is required by an agency created by federal law.
12-25          SECTION 2.03.  Section 303.003(c), Finance Code, is amended
12-26    to read as follows:
12-27          (c)  In this subchapter [section], "auction rate" means the
 13-1    auction average rate quoted on a bank discount basis for 26-week
 13-2    treasury bills issued by the United States government, as published
 13-3    by the Federal Reserve Board, for the week preceding the week in
 13-4    which the weekly rate ceiling is to take effect.
 13-5          SECTION 2.04.  Section 342.001, Finance Code, is amended to
 13-6    read as follows:
 13-7          Sec. 342.001.  DEFINITIONS.  In this chapter:
 13-8                (1)  "Irregular transaction" means a loan:
 13-9                      (A)  that is payable in installments that are not
13-10    consecutive, monthly, and substantially equal in amount; or
13-11                      (B)  the first scheduled installment of which is
13-12    due later than one month and 15 days after the date of the loan.
13-13                (2)  "Regular transaction" means a loan:
13-14                      (A)  that is payable in installments that are
13-15    consecutive, monthly, and substantially equal in amount; and
13-16                      (B)  the first scheduled installment of which is
13-17    due within one month and 15 days after the date of the loan.
13-18                (3)  "Regulated loan license" means a consumer loan
13-19    license.
13-20                (4)  "Secondary mortgage loan" means a loan that is:
13-21                      (A)  secured in whole or in part by an interest,
13-22    including a lien or security interest, in real property that is:
13-23                            (i)  improved by a dwelling designed for
13-24    occupancy by four or fewer families; and
13-25                            (ii)  subject to one or more liens,
13-26    security interests, prior mortgages, or deeds of trust; and
13-27                      (B)  not to be repaid before the 91st day after
 14-1    the date of the loan.
 14-2          SECTION 2.05.  Sections 342.002(a) and (b), Finance Code, are
 14-3    amended to read as follows:
 14-4          (a)  The scheduled  installment earnings method is a method
 14-5    to compute an interest charge by applying a daily rate to  the
 14-6    unpaid balance of the principal amount [financed] as if each
 14-7    payment will be made on its scheduled installment date.  A payment
 14-8    received before or after the due date does not affect the amount of
 14-9    the scheduled principal reduction.
14-10          (b)  The true daily earnings method is a method to compute an
14-11    interest charge by applying a daily rate to the unpaid balance of
14-12    the principal amount [financed].  The earned finance charge is
14-13    computed by multiplying the daily rate by the number of days the
14-14    principal balance is outstanding.
14-15          SECTION 2.06.  Sections 342.051(a) and (c), Finance Code, are
14-16    amended to read as follows:
14-17          (a)  A person must hold a license issued under this chapter
14-18    to:
14-19                (1)  engage in the business of making, transacting, or
14-20    negotiating loans subject to this chapter; or [and]
14-21                (2)  contract for, charge, or receive, directly or
14-22    indirectly, in connection with a loan subject to this chapter, a
14-23    charge, including interest, compensation, consideration, or another
14-24    expense, authorized under this chapter that in the aggregate
14-25    exceeds the charges authorized under other law.
14-26          (c)  A person is not required to obtain a license under
14-27    Subsection (a)  if the person is:
 15-1                (1)  a bank, savings bank, or savings and loan
 15-2    association organized under the laws of the United States or under
 15-3    the laws of the institution's state of domicile; or
 15-4                (2)  subject to Chapter 24, Insurance Code.
 15-5          SECTION 2.07.  Sections 342.052(b) and (c), Finance Code, are
 15-6    amended to read as follows:
 15-7          (b)  A person who is required to hold a license under this
 15-8    chapter must hold a separate license for each office at which loans
 15-9    are made, negotiated, serviced, held, or collected under this
15-10    chapter.
15-11          (c)  A license is not required under this chapter for a place
15-12    of business:
15-13                (1)  devoted to accounting or other recordkeeping; and
15-14                (2)  at which loans are not made, negotiated, serviced,
15-15    held, or collected under this chapter or Chapter 346.
15-16          SECTION 2.08.  Section 342.102(a), Finance Code, is amended
15-17    to read as follows:
15-18          (a)  If the commissioner requires, an applicant for a license
15-19    under this chapter shall file with the  application a bond that is:
15-20                (1)  in an amount not to exceed the total of:
15-21                      (A)  $50,000 [$5,000] for the first license; and
15-22                      (B)  $10,000 [$1,000] for each additional
15-23    license;
15-24                (2)  satisfactory to the commissioner; and
15-25                (3)  issued by a surety company qualified to do
15-26    business as a surety in this state.
15-27          SECTION 2.09.  Section 342.202, Finance Code, is amended to
 16-1    read as follows:
 16-2          Sec. 342.202.  MAXIMUM CHARGE FOR LOAN WITH SINGLE REPAYMENT.
 16-3    A loan contract that exceeds the maximum cash advance under Section
 16-4    342.251 and that is payable in a single installment may provide for
 16-5    an interest charge on the cash advance that does not exceed a rate
 16-6    or amount that would produce the same effective return, determined
 16-7    as a true  daily earnings rate, as allowed under Section 342.201
 16-8    considering the amount and term of the loan.  If a loan under this
 16-9    section is prepaid in full, the lender may earn a minimum interest
16-10    charge of $25.
16-11          SECTION 2.10.  Section 342.203(a), Finance Code, is amended
16-12    to read as follows:
16-13          (a)  A loan contract that includes precomputed interest or
16-14    uses the scheduled installment earnings method and that is a
16-15    regular  transaction may provide for additional interest for
16-16    default if any part of an installment remains unpaid after the 10th
16-17    day after the date on which the installment is due, including
16-18    Sundays and holidays.
16-19          SECTION 2.11.  Section 342.204(a), Finance Code, is amended
16-20    to read as follows:
16-21          (a)  On a loan contract that includes precomputed interest or
16-22    uses the scheduled installment earnings method and that is a
16-23    regular transaction, an authorized lender may charge additional
16-24    interest for the deferment of an installment if:
16-25                (1)  the entire amount of the installment is unpaid;
16-26                (2)  no interest for default has been collected on the
16-27    installment; and
 17-1                (3)  payment of the installment is deferred for one or
 17-2    more full months and the maturity of the contract is extended for a
 17-3    corresponding period.
 17-4          SECTION 2.12.  Section 342.253, Finance Code, is amended to
 17-5    read as follows:
 17-6          Sec. 342.253.  MAXIMUM INTEREST CHARGE FOR LOAN WITH SINGLE
 17-7    REPAYMENT.  A loan contract to which Section 342.251 applies and
 17-8    that is payable in a single installment may provide for an
 17-9    acquisition charge and an interest charge on the cash advance that
17-10    does not exceed a rate or amount that would produce the same
17-11    effective return, determined as a true daily earnings rate, as
17-12    allowed under Section 342.252 considering the amount and term of
17-13    the loan.  If a loan that has a term in excess of one month under
17-14    this section is prepaid in full, the lender may earn a minimum of
17-15    the acquisition charge and interest charge for one month.  If a
17-16    loan under this section has an initial term of less than one month,
17-17    the lender may earn a minimum of the acquisition charge and an
17-18    interest charge that produces the same effective return as the
17-19    installment account handling charge computed at a daily rate for
17-20    the term the loan is outstanding.
17-21          SECTION 2.13.  Section 342.303(a), Finance Code, is amended
17-22    to read as follows:
17-23          (a)  On a secondary mortgage loan that includes precomputed
17-24    interest or uses the scheduled installment  earnings method and
17-25    that is a regular transaction, an authorized lender may charge
17-26    additional interest for the deferment of an installment if:
17-27                (1)  the entire amount of the installment is unpaid;
 18-1                (2)  no interest for default has been collected on the
 18-2    installment; and
 18-3                (3)  payment of the installment is deferred for one or
 18-4    more full months and the maturity of the contract is extended for a
 18-5    corresponding period.
 18-6          SECTION 2.14.  Section 342.307, Finance Code, is amended to
 18-7    read as follows:
 18-8          Sec. 342.307.  AMOUNTS AUTHORIZED TO BE INCLUDED IN CONTRACT.
 18-9    A secondary mortgage loan contract may  provide for:
18-10                (1)  reasonable fees or charges paid to the trustee in
18-11    connection with a deed of trust or similar instrument executed in
18-12    connection with the secondary mortgage loan, including fees for
18-13    enforcing the lien against or posting for sale, selling, or
18-14    releasing the property secured by the deed of trust;
18-15                (2)  reasonable fees paid to an attorney who is not an
18-16    employee of the creditor in the collection of a delinquent
18-17    secondary mortgage loan; or
18-18                (3)  court costs and fees incurred in the collection of
18-19    the loan or foreclosure of a lien created by the loan[; and]
18-20                [(4)  a fee that does not exceed $15 for the return by
18-21    a depository institution of a dishonored check, negotiable order of
18-22    withdrawal, or share draft offered in full or partial payment of a
18-23    secondary mortgage loan].
18-24          SECTION 2.15.  Section 342.308(a), Finance Code, is amended
18-25    to read as follows:
18-26          (a)  A lender or a person who is assigned a secondary
18-27    mortgage loan may collect on or before the closing of the  loan, or
 19-1    include in the principal of the loan:
 19-2                (1)  reasonable fees for:
 19-3                      (A)  title examination and preparation of an
 19-4    abstract of title by:
 19-5                            (i)  an attorney who is not an employee of
 19-6    the lender; or
 19-7                            (ii)  a title company or property search
 19-8    company authorized to do business in this state; or
 19-9                      (B)  premiums or fees for title insurance or
19-10    title search for the benefit of the mortgagee and, at the
19-11    mortgagor's option, for title insurance or title search for the
19-12    benefit of the mortgagor;
19-13                (2)  reasonable fees charged to the lender by an
19-14    attorney who is not a salaried employee of the lender for
19-15    preparation of the loan documents in connection with the mortgage
19-16    loan if the fees are evidenced by a statement for services rendered
19-17    [addressed to the lender];
19-18                (3)  charges prescribed by law that are paid to public
19-19    officials for determining the existence of a security interest or
19-20    for perfecting, releasing, or satisfying a security interest;
19-21                (4)  reasonable fees for an appraisal of real property
19-22    offered as security for the loan prepared by a licensed or
19-23    certified appraiser who is not a salaried employee of the lender;
19-24                (5)  the reasonable cost of a credit report;
19-25                (6)  reasonable fees for a survey of real property
19-26    offered as security for the loan prepared by a registered surveyor
19-27    who is not a salaried employee of the lender;
 20-1                (7)  the premiums received in connection with the sale
 20-2    of credit life insurance, credit accident and health insurance, or
 20-3    other insurance that protects the mortgagee against default by the
 20-4    mortgagor, the benefits of which are applied in whole or in part to
 20-5    reduce or extinguish the loan balance; or [and]
 20-6                (8)  reasonable fees relating to real property offered
 20-7    as security for the loan that are incurred to comply with a
 20-8    federally mandated program if the collection of the fees or the
 20-9    participation in the program is required by a federal agency.
20-10          SECTION 2.16.  Sections 342.401(a) and (b), Finance Code, are
20-11    amended to read as follows:
20-12          (a)  On a loan that is subject to Subchapter E with a cash
20-13    advance of $300 or more, a lender may [request or]  require a
20-14    borrower to insure tangible personal property offered as security
20-15    for the loan.
20-16          (b)  On a secondary mortgage loan, a lender may [request or]
20-17    require a borrower to provide property insurance as security
20-18    against reasonable risks of loss, damage, and destruction.
20-19          SECTION 2.17.  Sections 342.402(a) and (c), Finance Code, are
20-20    amended to read as follows:
20-21          (a)  On a loan made under this chapter that is subject to
20-22    Subchapter E with a cash advance of $100 or more, a lender  may:
20-23                (1)  offer [or request that] a borrower [provide]
20-24    credit life insurance and credit health and accident insurance as
20-25    additional protection for the loan; and
20-26                (2)  offer involuntary unemployment insurance to the
20-27    borrower at the time the loan is made.
 21-1          (c)  On a secondary mortgage loan made under this chapter, a
 21-2    lender may [request or] require that a borrower provide credit life
 21-3    insurance and credit accident and health insurance as additional
 21-4    protection for the loan.
 21-5          SECTION 2.18.  Section 342.454, Finance Code, is amended to
 21-6    read as follows:
 21-7          Sec. 342.454.  RETURN OF INSTRUMENTS TO BORROWER ON
 21-8    REPAYMENT.  Within a reasonable time after a loan is  repaid in
 21-9    full or an open-end account is terminated according to the terms of
21-10    the contract, a lender shall cancel and return to a borrower any
21-11    instrument, including a note, assignment, security agreement, or
21-12    mortgage[, or pledged property] that:
21-13                (1)  secured the loan; and
21-14                (2)  does not secure another indebtedness of the
21-15    borrower to the lender.
21-16          SECTION 2.19.  Section 342.502, Finance Code, is amended by
21-17    amending Subsection (b) and adding Subsection (d) to read as
21-18    follows:
21-19          (b)  On a loan subject to Subchapter E or a secondary
21-20    mortgage loan subject to Subchapter G a lender may  assess and
21-21    collect from the borrower:
21-22                (1)  an amount incurred by the lender for:
21-23                      (A)  court costs;
21-24                      (B)  attorney's fees assessed by a court, in
21-25    addition to those provided by Section 342.307;
21-26                      (C)  a fee authorized by law for filing,
21-27    recording, or releasing in a public office a security for a loan;
 22-1                      (D)  a reasonable amount spent for repossessing,
 22-2    storing, preparing for sale, or selling any security;
 22-3                      (E)  a fee for recording a lien on or
 22-4    transferring a certificate of title to a motor vehicle offered as
 22-5    security for a loan made under this chapter; or
 22-6                      (F)  a premium or an identifiable charge received
 22-7    in connection with the sale of insurance authorized under this
 22-8    chapter; and
 22-9                (2)  an administrative fee, subject to Subsection (c),
22-10    in an amount not  to exceed:
22-11                      (A)  $25 for a loan of more than $1,000; or
22-12                      (B)  $10 for a loan of $1,000 or less.
22-13          (d)  On a loan subject to this chapter a lender may assess
22-14    and collect a fee that does not exceed the amount  prescribed by
22-15    Chapter 617, Acts of the 68th Legislature, Regular Session, 1983
22-16    (Article 9022, Vernon's Texas Civil Statutes), for the return by a
22-17    depository institution of a dishonored check, negotiable order of
22-18    withdrawal, or share draft offered in full or partial payment of a
22-19    loan.
22-20                   ARTICLE 3.  EFFECTIVE DATE; EMERGENCY
22-21          SECTION 3.01.  (a)  Except as provided by Subsections (b) and
22-22    (c), this Act takes effect September 1, 1999.
22-23          (b)  Article 1 of this Act takes effect only if the Act of
22-24    the 76th Legislature, Regular Session, 1999, relating to
22-25    nonsubstantive additions and corrections in enacted codes does not
22-26    take effect.
22-27          (c)  Article 2 of this Act takes effect only if the Act of
 23-1    the 76th Legislature, Regular Session, 1999, relating to
 23-2    nonsubstantive additions and corrections in enacted codes takes
 23-3    effect.
 23-4          SECTION 3.02.  The importance of this legislation and the
 23-5    crowded condition of the calendars in both houses create an
 23-6    emergency and an imperative public necessity that the
 23-7    constitutional rule requiring bills to be read on three several
 23-8    days in each house be suspended, and this rule is hereby suspended.