90R1842 MLH-D
 
  By: Bucy H.B. No. 436
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the maximum permitted rate of interest, sum of fees, and
  other amounts that may be charged in connection with certain
  extensions of credit; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter M, Chapter 342, Finance Code, is
  amended by adding Section 342.606 to read as follows:
         Sec. 342.606.  MAXIMUM INTEREST RATES. (a)  Except as
  provided by Subsection (b), the maximum annual percentage rate that
  may be contracted for, charged, or received from a borrower for a
  deferred presentment transaction is 36 percent a year.
         (b)  If another law provides for a restriction or limitation
  on fees, rates, or charges that results in a total cost to a
  borrower that is less than the total cost to the borrower under the
  maximum annual percentage rate allowed by Subsection (a), that law
  prevails.
         (c)  A deferred presentment transaction entered into in
  violation of this section is void and unenforceable.
         (d)  A lender commits an offense if the lender enters into a
  deferred presentment transaction in violation of this section.  An
  offense under this subsection is a Class A misdemeanor.
         SECTION 2.  Subchapter D, Chapter 393, Finance Code, is
  amended by adding Section 393.3035 to read as follows:
         Sec. 393.3035.  RESTRICTION ON CHARGES CHARGED IN CONNECTION
  WITH EXTENSION OF CONSUMER CREDIT.  (a)  For purposes of this
  section, the annual percentage rate of an extension of consumer
  credit is calculated including the total charges charged to the
  consumer in connection with the extension of consumer credit,
  including interest, lender charges, and any fees or any other
  valuable consideration received by the credit services
  organization or a representative of the credit services
  organization.
         (b)  The annual percentage rate of an extension of consumer
  credit that a credit services organization obtains for a consumer
  or assists a consumer in obtaining may not exceed 36 percent.
         (c)  An extension of consumer credit entered into in
  violation of this section is void and unenforceable.
         SECTION 3.  Sections 342.606 and 393.3035, Finance Code, as
  added by this Act, apply only to a loan or extension of consumer
  credit, as applicable, made on or after the effective date of this
  Act. A loan or extension of consumer credit made before the
  effective date of this Act is governed by the law in effect on the
  date the loan or extension of consumer credit was made, and the
  former law is continued in effect for that purpose. For purposes of
  this section, a refinance of a loan or extension of consumer credit
  is considered made on the date the loan or extension of consumer
  credit being refinanced was made.
         SECTION 4.  This Act takes effect September 1, 2027.