By: Geren H.B. No. 4738
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the elimination of the portion of the Loan
  Administration Fee remitted to the comptroller.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 342.201(f), Finance Code, is amended to
  read as follows:
         (f)  A loan contract under this subchapter may provide for an
  administrative fee in an amount not to exceed $25 for a loan of more
  than $1,000 or $20 for a loan of $1,000 or less. The administrative
  fee is considered earned when the loan is made or refinanced and is
  not subject to refund. An administrative fee is not interest. A
  lender refinancing the loan may not contract for or receive an
  administrative fee for the loan more than once in any 180-day
  period, except that if the loan has an interest charge authorized by
  Subsection (e) the lender may not contract for or receive the
  administrative fee more than once in any 365-day period. [One
  dollar of each administrative fee may be deposited with the
  comptroller for use in carrying out the finance commission's
  responsibilities under Section 11.3055.]
         SECTION 2.  Section 342.308(c), Finance Code, is amended to
  read as follows:
         (c)  An administrative fee under Subsection (a)(9) is
  considered earned when the loan is made or refinanced and is not
  subject to refund.  A lender refinancing the loan may not contract
  for or receive an administrative fee for the loan more than once in
  any 180-day period.  [Fifty cents of each administrative fee may be
  deposited with the comptroller for use in carrying out the finance
  commission's responsibilities under Section 11.3055.]
         SECTION 3.  The change in law made by this Act does not
  affect tax liability accruing before the effective date of this
  Act.  That liability continues in effect as if this article had not
  been enacted, and the former law is continued in effect for the
  collection of taxes due and for civil and criminal enforcement of
  the liability for those taxes.
         SECTION 4.  EFFECTIVE DATE OF ARTICLE. Except as otherwise
  provided by this article, this article takes effect January 1,
  2026.