By:  Carona                                            S.B. No. 272
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to interest charges and other costs of certain loans.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 342.201, Finance Code, is amended to read
 1-5     as follows:
 1-6           Sec. 342.201.  MAXIMUM INTEREST CHARGE.  (a)  A loan contract
 1-7     under this chapter that is a regular transaction and is not secured
 1-8     by real property may provide for an interest charge on the cash
 1-9     advance that does not exceed the amount of add-on interest equal to
1-10     the amount computed for the full term of the contract at an add-on
1-11     interest amount equal to:
1-12                 (1)  $18 for each $100 per year on the part of the cash
1-13     advance that is less than or equal to the amount computed under
1-14     Subchapter C, Chapter 341, using the reference base amount of $300;
1-15     and
1-16                 (2)  $8 for each $100 per year on the part of the cash
1-17     advance that is more than the amount computed for Subdivision (1)
1-18     but less than or equal to an amount computed under Subchapter C,
1-19     Chapter 341, using the reference base amount of $2,500.
1-20           (b)  For the purpose of Subsection (a):
1-21                 (1)  when the loan is made an interest charge may be
1-22     computed for the full term of the loan contract;
1-23                 (2)  if the period before the first installment due
1-24     date includes a part of a month that is longer than 15 days, that
1-25     portion of a month may be considered a full month; and
 2-1                 (3)  if a loan contract provides for precomputed
 2-2     interest, the amount of the loan is the total of:
 2-3                       (A)  the cash advance; and
 2-4                       (B)  the amount of precomputed interest.
 2-5           (c)  A loan contract under this chapter that is an irregular
 2-6     transaction and is not secured by real property may provide for an
 2-7     interest charge, using any method or formula, that does not exceed
 2-8     the amount that, having due regard for the schedule of installment
 2-9     payments, would produce the same effective return as allowed under
2-10     this section [Subsection (a)] if the loan were payable in equal
2-11     successive monthly installments beginning one month from the date
2-12     of the contract.
2-13           (d)  A loan contract under this chapter that is not secured
2-14     by real property may provide for a rate or amount of interest
2-15     computed using the true daily earnings method or the scheduled
2-16     installment earnings method that does not exceed the alternative
2-17     interest rate as computed under Subchapter A, Chapter 303.
2-18     Interest may accrue on the principal balance and amounts added to
2-19     principal after the date of the loan contract from time to time
2-20     unpaid at the rate provided for by the contract until the date of
2-21     payment in full or demand for payment in full.
2-22           (e)  A loan contract under this chapter that is not secured
2-23     by real property may provide for a rate or amount of interest
2-24     computed using the true daily earnings method or the scheduled
2-25     installment earnings method that does not exceed:
2-26                 (1)  30 percent a year on that part of the cash advance
 3-1     that is less than or equal to the amount computed under Subchapter
 3-2     C, Chapter 341, using the reference base amount of $1,000; and
 3-3                 (2)  24 percent a year on that part of the cash advance
 3-4     that is more than the amount computed for Subdivision (1) but less
 3-5     than or equal to an amount computed under Subchapter C, Chapter
 3-6     341, using the reference base amount of $2,500.
 3-7           (f)  A loan contract under this subchapter may provide for an
 3-8     administrative fee in an amount not to exceed $25 for a loan of
 3-9     more than $1,000 or $20 for a loan of $1,000 or less.  The
3-10     administrative fee is considered earned when the loan is made or
3-11     refinanced and is not subject to refund.  A lender refinancing the
3-12     loan may not contract for or receive an administrative fee for the
3-13     loan more than once in any 180-day period, except that if the loan
3-14     has an interest charge authorized by Subsection (e) the lender may
3-15     not contract for or receive the administrative fee more than once
3-16     in any 365-day period.  One dollar [Fifty cents] of each
3-17     administrative fee shall be deposited with the comptroller for use
3-18     in carrying out the finance commission's responsibilities under
3-19     Section 11.305.
3-20           SECTION 2.  Section 342.351, Finance Code, is amended to read
3-21     as follows:
3-22           Sec. 342.351.  REFUND OF PRECOMPUTED INTEREST:  SUM OF THE
3-23     PERIODIC BALANCES [REGULAR TRANSACTION].  (a)  This section applies
3-24     to a loan contract that includes precomputed interest authorized
3-25     under Subchapter F or G and that is a regular transaction.
3-26           (b)  If the contract is prepaid in full, including payment in
 4-1     cash or by a new loan or renewal of the loan, or if the lender
 4-2     demands payment in full of the unpaid balance, after the first
 4-3     installment due date but before the final installment due date, the
 4-4     lender shall refund or credit to the borrower the amount computed
 4-5     by:
 4-6                 (1)  dividing the sum of the periodic balances
 4-7     scheduled to follow the installment date after the date of the
 4-8     prepayment or demand, as appropriate, by the sum of all the
 4-9     periodic balances under the schedule of payments set out in the
4-10     loan contract; and
4-11                 (2)  multiplying the total interest contracted for
4-12     under Section [342.201,] 342.252[,] or 342.301, as appropriate, by
4-13     the result under Subdivision (1).
4-14           (c)  If the prepayment in full or demand for payment in full
4-15     occurs before the first installment due date, the lender shall:
4-16                 (1)  retain an amount computed by:
4-17                       (A)  dividing 30 into the amount that could be
4-18     retained if the first installment period were one month and the
4-19     loan were prepaid in full on the date the first installment is due;
4-20     and
4-21                       (B)  multiplying the result under Paragraph (A)
4-22     by the number of days in the period beginning on the date the loan
4-23     was made and ending on the date of the prepayment or demand; and
4-24                 (2)  refund or credit to the borrower the amount
4-25     computed by subtracting the amount retained under Subdivision (1)
4-26     from the interest contracted for under Section [342.201,]
 5-1     342.252[,] or 342.301, as appropriate.
 5-2           SECTION 3.  The heading to Section 342.352, Finance Code, is
 5-3     amended to read as follows:
 5-4           Sec. 342.352.  REFUND OF PRECOMPUTED INTEREST ON CONTRACT:
 5-5     SCHEDULED INSTALLMENT EARNINGS [IRREGULAR TRANSACTION OR TERM OF
 5-6     MORE THAN 60 MONTHS].
 5-7           SECTION 4.  Subsections (a) and (f), Section 342.352, Finance
 5-8     Code, are amended to read as follows:
 5-9           (a)  This section applies to a loan contract:
5-10                 (1)  that includes precomputed interest and to which
5-11     Section 342.351 does not apply; [or]
5-12                 (2)  that includes interest contracted for under
5-13     Section 342.201; or
5-14                 (3)  that has a term of more than 60 months.
5-15           (f)  For the purposes of this section, the simple annual
5-16     interest rate under a contract is equal to the rate computed under
5-17     the scheduled installment earnings method [that the contract would
5-18     have produced over its full term if, assuming that each scheduled
5-19     payment under the contract is paid on the date due and considering
5-20     the amount of each scheduled installment and the time of each
5-21     scheduled installment period, the rate were applied to the unpaid
5-22     principal amounts determined to be outstanding from time to time
5-23     according to the schedule of payments].
5-24           SECTION 5.  Subsection (a), Section 342.501, Finance Code, is
5-25     amended to read as follows:
5-26           (a)  An authorized lender may not induce or permit a person
 6-1     or a husband and wife to be directly or indirectly obligated under
 6-2     more than one loan contract at any time for the purpose or with the
 6-3     effect of obtaining an amount of interest greater than the amount
 6-4     of interest otherwise authorized under this chapter for a loan of
 6-5     that aggregate amount with a maximum interest charge computed under
 6-6     Section 342.201(a), Section 342.201(e), Section 342.252, or any
 6-7     combination [both] of those sections.
 6-8           SECTION 6.  Section 342.508, Finance Code, is amended to read
 6-9     as follows:
6-10           Sec. 342.508.  MAXIMUM LOAN TERM.  A lender may not enter a
6-11     loan contract under Section 342.201(a) or Section 342.201(e) under
6-12     which the borrower agrees to make a scheduled payment of principal
6-13     more than:
6-14                 (1)  37 calendar months after the date on which the
6-15     contract is made, if the contract is for a cash advance of $1,500
6-16     or less;
6-17                 (2)  49 calendar months after the date on which the
6-18     contract is made, if the contract is for a cash advance of more
6-19     than $1,500 but not more than $3,000; or
6-20                 (3)  60 months after the date on which the contract is
6-21     made, if the contract is for a cash advance of more than $3,000.
6-22           SECTION 7.  Section 11.305, Finance Code, is amended to read
6-23     as follows:
6-24           Sec. 11.305.  RESEARCH.  (a)  The finance commission shall
6-25     instruct the consumer credit commissioner to establish a program to
6-26     address alternatives to high-cost lending in this state.  The
 7-1     program shall [conduct research on]:
 7-2                 (1)  study and report on the problem of high-cost
 7-3     lending, including without limitation the availability, quality,
 7-4     and prices of financial services, including lending and depository
 7-5     services, offered in this state to agricultural businesses, small
 7-6     businesses, and individual consumers in this state; [and]
 7-7                 (2)  evaluate alternatives to high-cost lending and the
 7-8     practices of business entities in this state that provide financial
 7-9     services to agricultural businesses, small businesses, and
7-10     individual consumers in this state;
7-11                 (3)  develop models to provide lower-cost alternatives
7-12     to assist borrowers who contract for high-cost loans; and
7-13                 (4)  track the location of lenders who enter into loan
7-14     contracts providing for an interest charge authorized by Section
7-15     342.201, map the location of the lenders by senatorial district and
7-16     by any other appropriate areas, provide other demographic
7-17     information relating to the loans and the location of the lenders,
7-18     and provide information on the changes in the distribution of the
7-19     lenders from 1997 through the date of the report.
7-20           (b)  The program [finance commission] may:
7-21                 (1)  apply for and receive public and private grants
7-22     and gifts to conduct the research authorized by this section;
7-23     [and]
7-24                 (2)  contract with public and private entities to carry
7-25     out studies and analyses under this section;
7-26                 (3)  provide funding for pilot programs; and
 8-1                 (4)  make grants to nonprofit institutions working to
 8-2     provide alternatives to high-cost loans.
 8-3           (c)  Not later than December 1 of each year, the consumer
 8-4     credit commissioner [finance commission] shall provide to the
 8-5     legislature a report detailing its findings and making
 8-6     recommendations to improve the availability, quality, and prices of
 8-7     financial services.
 8-8           SECTION 8.  This Act takes effect September 1, 2001.