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 $500;
 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 $1,050; and
 3-7                 (3)  18 percent a year on that part of the cash advance
 3-8     that is more than the amount computed for Subdivision (2) but less
 3-9     than or equal to an amount computed under Subchapter C, Chapter
3-10     341, using the reference base amount of $2,500.
3-11           (f)  A loan contract under this subchapter may provide for an
3-12     administrative fee in an amount not to exceed $25 for a loan of
3-13     more than $1,000 or $20 for a loan of $1,000 or less.  The
3-14     administrative fee is considered earned when the loan is made or
3-15     refinanced and is not subject to refund.  A lender refinancing the
3-16     loan may not contract for or receive an administrative fee for the
3-17     loan more than once in any 180-day period, except that if the loan
3-18     has an interest charge authorized by Subsection (e) the lender may
3-19     not contract for or receive the administrative fee more than once
3-20     in any 365-day period.  One dollar [Fifty cents] of each
3-21     administrative fee shall be deposited with the comptroller for use
3-22     in carrying out the finance commission's responsibilities under
3-23     Section 11.305.
3-24           SECTION 2.  Section 342.351, Finance Code, is amended to read
3-25     as follows:
3-26           Sec. 342.351.  REFUND OF PRECOMPUTED INTEREST:  SUM OF THE
 4-1     PERIODIC BALANCES [REGULAR TRANSACTION].  (a)  This section applies
 4-2     to a loan contract that includes precomputed interest authorized
 4-3     under Subchapter F or G and that is a regular transaction.
 4-4           (b)  If the contract is prepaid in full, including payment in
 4-5     cash or by a new loan or renewal of the loan, or if the lender
 4-6     demands payment in full of the unpaid balance, after the first
 4-7     installment due date but before the final installment due date, the
 4-8     lender shall refund or credit to the borrower the amount computed
 4-9     by:
4-10                 (1)  dividing the sum of the periodic balances
4-11     scheduled to follow the installment date after the date of the
4-12     prepayment or demand, as appropriate, by the sum of all the
4-13     periodic balances under the schedule of payments set out in the
4-14     loan contract; and
4-15                 (2)  multiplying the total interest contracted for
4-16     under Section [342.201,] 342.252[,] or 342.301, as appropriate, by
4-17     the result under Subdivision (1).
4-18           (c)  If the prepayment in full or demand for payment in full
4-19     occurs before the first installment due date, the lender shall:
4-20                 (1)  retain an amount computed by:
4-21                       (A)  dividing 30 into the amount that could be
4-22     retained if the first installment period were one month and the
4-23     loan were prepaid in full on the date the first installment is due;
4-24     and
4-25                       (B)  multiplying the result under Paragraph (A)
4-26     by the number of days in the period beginning on the date the loan
 5-1     was made and ending on the date of the prepayment or demand; and
 5-2                 (2)  refund or credit to the borrower the amount
 5-3     computed by subtracting the amount retained under Subdivision (1)
 5-4     from the interest contracted for under Section [342.201,]
 5-5     342.252[,] or 342.301, as appropriate.
 5-6           SECTION 3.  The heading to Section 342.352, Finance Code, is
 5-7     amended to read as follows:
 5-8           Sec. 342.352.  REFUND OF PRECOMPUTED INTEREST ON CONTRACT:
 5-9     SCHEDULED INSTALLMENT EARNINGS [IRREGULAR TRANSACTION OR TERM OF
5-10     MORE THAN 60 MONTHS].
5-11           SECTION 4.  Subsections (a) and (f), Section 342.352, Finance
5-12     Code, are amended to read as follows:
5-13           (a)  This section applies to a loan contract:
5-14                 (1)  that includes precomputed interest and to which
5-15     Section 342.351 does not apply; [or]
5-16                 (2)  that includes interest contracted for under
5-17     Section 342.201; or
5-18                 (3)  that has a term of more than 60 months.
5-19           (f)  For the purposes of this section, the simple annual
5-20     interest rate under a contract is equal to the rate computed under
5-21     the scheduled installment earnings method [that the contract would
5-22     have produced over its full term if, assuming that each scheduled
5-23     payment under the contract is paid on the date due and considering
5-24     the amount of each scheduled installment and the time of each
5-25     scheduled installment period, the rate were applied to the unpaid
5-26     principal amounts determined to be outstanding from time to time
 6-1     according to the schedule of payments].
 6-2           SECTION 5.  Subsection (a), Section 342.501, Finance Code, is
 6-3     amended to read as follows:
 6-4           (a)  An authorized lender may not induce or permit a person
 6-5     or a husband and wife to be directly or indirectly obligated under
 6-6     more than one loan contract at any time for the purpose or with the
 6-7     effect of obtaining an amount of interest greater than the amount
 6-8     of interest otherwise authorized under this chapter for a loan of
 6-9     that aggregate amount with a maximum interest charge computed under
6-10     Section 342.201(a), Section 342.201(e), Section 342.252, or any
6-11     combination [both] of those sections.
6-12           SECTION 6.  Section 342.508, Finance Code, is amended to read
6-13     as follows:
6-14           Sec. 342.508.  MAXIMUM LOAN TERM.  A lender may not enter a
6-15     loan contract under Section 342.201(a) or Section 342.201(e) under
6-16     which the borrower agrees to make a scheduled payment of principal
6-17     more than:
6-18                 (1)  37 calendar months after the date on which the
6-19     contract is made, if the contract is for a cash advance of $1,500
6-20     or less;
6-21                 (2)  49 calendar months after the date on which the
6-22     contract is made, if the contract is for a cash advance of more
6-23     than $1,500 but not more than $3,000; or
6-24                 (3)  60 months after the date on which the contract is
6-25     made, if the contract is for a cash advance of more than $3,000.
6-26           SECTION 7.  Section 11.305, Finance Code, is amended to read
 7-1     as follows:
 7-2           Sec. 11.305.  RESEARCH.  (a)  The finance commission shall
 7-3     instruct the consumer credit commissioner to establish a program to
 7-4     address alternatives to high-cost lending in this state.  The
 7-5     program shall [conduct research on]:
 7-6                 (1)  study and report on the problem of high-cost
 7-7     lending, including without limitation the availability, quality,
 7-8     and prices of financial services, including lending and depository
 7-9     services, offered in this state to agricultural businesses, small
7-10     businesses, and individual consumers in this state; [and]
7-11                 (2)  evaluate alternatives to high-cost lending and the
7-12     practices of business entities in this state that provide financial
7-13     services to agricultural businesses, small businesses, and
7-14     individual consumers in this state;
7-15                 (3)  develop models to provide lower-cost alternatives
7-16     to assist borrowers who contract for high-cost loans; and
7-17                 (4)  track the location of lenders who enter into loan
7-18     contracts providing for an interest charge authorized by Section
7-19     342.201, map the location of the lenders by senatorial district and
7-20     by any other appropriate areas, provide other demographic
7-21     information relating to the loans and the location of the lenders,
7-22     and provide information on the changes in the distribution of the
7-23     lenders from 1997 through the date of the report.
7-24           (b)  The program [finance commission] may:
7-25                 (1)  apply for and receive public and private grants
7-26     and gifts to conduct the research authorized by this section; [and]
 8-1                 (2)  contract with public and private entities to carry
 8-2     out studies and analyses under this section;
 8-3                 (3)  provide funding for pilot programs; and
 8-4                 (4)  make grants to nonprofit institutions working to
 8-5     provide alternatives to high-cost loans.
 8-6           (c)  Not later than December 1 of each year, the consumer
 8-7     credit commissioner [finance commission] shall provide to the
 8-8     legislature a report detailing its findings and making
 8-9     recommendations to improve the availability, quality, and prices of
8-10     financial services.
8-11           SECTION 8.  Section 302.001, Finance Code, is amended by
8-12     adding Subsection (d) to read as follows:
8-13           (d)  In addition to interest authorized by Subsection (b), a
8-14     loan providing for a rate of interest that is 10 percent a year or
8-15     less may provide for a delinquency charge on the amount of any
8-16     payment in default for a period of not less than 10 days in an
8-17     amount not to exceed the greater of five percent of the amount of
8-18     the payment or $7.50.  The charging of the delinquency charge does
8-19     not make the loan subject to Chapter 342 or any other provision of
8-20     Subtitle B.
8-21           SECTION 9.  Chapter 339, Finance Code, is amended to clarify
8-22     and confirm existing law by adding Section 339.005 to read as
8-23     follows:
8-24           Sec. 339.005.  APPLICABILITY OF CERTAIN FEDERAL LAW.  This
8-25     title does not override or restrict the applicability of 12 U.S.C.
8-26     Section 1735f-7a.
 9-1           SECTION 10.  Section 342.004, Finance Code, is amended by
 9-2     adding Subsection (c) to read as follows:
 9-3           (c)  A loan described by Section 302.001(d) may provide for a
 9-4     delinquency charge as provided by that section without being
 9-5     subject to this chapter or any other provision of this subtitle.
 9-6           SECTION 11.  Section 342.005, Finance Code, is amended to
 9-7     read as follows:
 9-8           Sec. 342.005.  APPLICABILITY OF CHAPTER.  Except as provided
 9-9     by Sections 302.001(d) and 342.004(c), a [A] loan is subject to
9-10     this chapter if the loan:
9-11                 (1)  provides for interest in excess of 10 percent a
9-12     year;
9-13                 (2)  is extended primarily for personal, family, or
9-14     household use;
9-15                 (3)  is made by a person engaged in the business of
9-16     making, arranging, or negotiating those types of loans; and
9-17                 (4)  either:
9-18                       (A)  is not secured by a lien on real property;
9-19     or
9-20                       (B)  is described by Section 342.001(3), 342.301,
9-21     or 342.456 and is predominantly payable in monthly installments.
9-22           SECTION 12.  This Act takes effect immediately if it receives
9-23     a vote of two-thirds of all the members elected to each house, as
9-24     provided by Section 39, Article III, Texas Constitution.  If this
9-25     Act does not receive the vote necessary for immediate effect, this
9-26     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 272 passed the Senate on
         April 2, 2001, by a viva-voce vote; and that the Senate concurred
         in House amendments on May 24, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 272 passed the House, with
         amendments, on May 16, 2001, by the following vote:  Yeas 83,
         Nays 47, three present, not voting.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor