Texas 2023 - 88th Regular

Texas Senate Bill SB1371

Filed
3/1/23  
Out of Senate Committee
4/19/23  
Voted on by Senate
4/25/23  
Out of House Committee
5/3/23  
Voted on by House
5/9/23  
Governor Action
5/23/23  

Caption

Relating to the regulation of consumer credit transactions and the regulatory authority of the consumer credit commissioner; changing a fee.

Impact

The enactment of SB1371 will lead to significant amendments in consumer credit laws, particularly those affecting credit access businesses and their regulatory interactions with the consumer credit commissioner. By standardizing fees and establishing mechanisms for inflation-adjusted fees, the bill aims to balance regulatory authority while providing firms clarity on their obligations. This could potentially lead to an increase in compliance among credit providers, reducing regulatory ambiguities while enhancing consumer protections in financial transactions.

Summary

SB1371 focuses on the regulation of consumer credit transactions within Texas, specifically aimed at enhancing oversight and establishing clearer guidelines for the conduct of credit access businesses. The legislation amends several sections of the Finance Code, transferring sections and redesignating others to streamline the regulatory framework pertaining to consumer credit. Notably, the bill introduces provisions for an annual assessment to improve consumer financial education and related asset-building opportunities, with funds allocated for various educational initiatives aimed at enhancing consumer knowledge in credit management.

Sentiment

The sentiment around SB1371 appears largely positive, with bipartisan support reflected in its passage through both the Senate and the House. Advocates of the bill, including consumer advocacy groups, view the enhancements in regulatory authority and consumer financial education as vital steps toward protecting consumers from predatory lending practices. However, there are voices of caution regarding the implementation of new fees and whether they might inadvertently burden some consumers, particularly those already in precarious financial situations.

Contention

While the bill garnered broad support, some contention arose around the implications of the regulatory enhancements for smaller credit access businesses. Opponents raised concerns that the increased regulatory oversight and financial requirements could disproportionately impact smaller entities, potentially leading to a reduction in competition within the consumer credit marketplace. The bill's provisions relating to financial education funding were also scrutinized to ensure that the funds would effectively reach consumers and improve financial literacy.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 32. Tax Liens And Personal Liability
    • Section: New Section
    • Section: New Section

Finance Code

  • Chapter 14. Consumer Credit Commissioner
    • Section: 113
    • Section: 113
    • Section: 113
    • Section: 113
  • Chapter 1. General Provisions
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 371. Pawnshops
    • Section: 255
    • Section: 257
    • Section: 157
    • Section: 073
    • Section: 255
    • Section: 257
  • Chapter 393. Credit Services Organizations
    • Section: 617
    • Section: 617
    • Section: 617
  • Chapter 342. Consumer Loans
    • Section: 556
    • Section: 160
    • Section: 160
    • Section: 160
  • Chapter 351. Property Tax Lenders
    • Section: New Section
    • Section: 0022
  • Chapter 343. Home Loans
    • Section: 201
  • Chapter 303. Optional Rate Ceilings
    • Section: 402
  • Chapter 345. Retail Installment Sales
    • Section: 351
  • Chapter 348. Motor Vehicle Installment Sales
    • Section: 510
  • Chapter 341. General Provisions
    • Section: 401

Companion Bills

TX HB3275

Identical Relating to the regulation of consumer credit transactions and the regulatory authority of the consumer credit commissioner; changing a fee.

Similar Bills

TX HB3275

Relating to the regulation of consumer credit transactions and the regulatory authority of the consumer credit commissioner; changing a fee.

TX SB1282

Relating to the regulation of consumer credit transactions and the regulatory authority of the Office of Consumer Credit Commissioner.

TX HB3094

Relating to the regulation of consumer credit transactions and the regulatory authority of the Office of Consumer Credit Commissioner; amending provisions subject to a criminal penalty.

MS HB530

Retail delivery fees; impose upon customers for deliveries of certain retail items for the purpose of transportation funding.

TX HB3169

Relating to the operation and administration of the Texas Bullion Depository, to depository agents, to the appropriation of money from the fees, charges, penalties, and other amounts related to the depository and deposited to the general revenue fund for that purpose, and to the provision of a related ad valorem tax exemption.