Texas 2025 - 89th Regular

Texas Senate Bill SB938

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the regulation of earned wage access services; providing an administrative penalty.

Impact

The enactment of SB938 will fundamentally alter how earned wage access services function in Texas. By instituting several consumer protections, such as prohibiting deceptive practices and requiring providers to present fees transparently, the bill aims to safeguard consumers from potential exploitation. It also mandates that providers offer at least one no-cost option for accessing wages, potentially reducing financial burdens on the most vulnerable workers. Additionally, the bill provides for administrative penalties for providers who violate these regulations, signifying a strong regulatory tone towards consumer financial services.

Summary

SB938, titled the Texas Earned Wage Access Services Act, seeks to regulate the provision of earned wage access services within the state of Texas. It defines earned wage access services as the business of offering consumers the opportunity to access their earned but unpaid income before their scheduled paydates. The bill establishes clear definitions for key terms and mandates that providers ensure transparency and consumer protection in their dealings. Specific protocols are stipulated regarding how contracts with consumers must be structured, ensuring they are easy to understand and that all fees are disclosed upfront.

Contention

While the bill is designed to protect consumers, it may generate debate around the compliance costs incurred by service providers. Critics might argue that the regulatory framework could create barriers for smaller companies trying to enter the market, potentially limiting competition. Proponents of the bill, however, would argue that such regulations are necessary to ensure that consumers are not taken advantage of by establishments operating in a largely unregulated environment. The balance between supportive regulation and fostering innovation in the financial services sector will likely be a critical conversation point moving forward.

Texas Constitutional Statutes Affected

Finance Code

  • Chapter 14. Consumer Credit Commissioner
    • Section: 251

Companion Bills

TX HB2043

Identical Relating to the regulation of earned wage access services; requiring an occupational registration; imposing fees.

Similar Bills

LA HB368

Provides relative to earned wage access services

MS SB2496

Mississippi Earned Wage Access Services Act; enact.

MS HB1307

Mississippi Earned Wage Access Services Act; create.

TX HB2043

Relating to the regulation of earned wage access services; requiring an occupational registration; imposing fees.

AL SB281

Consumer Protection; platforms providing services allowing employees to access earned income prior to paycheck not considered a lender or debt collector; standards on platforms imposed

MO SB293

Modifies provisions relating to earned wage access services

AZ SB1582

Earned wage access; providers; license

MN HF2874

Earned wage access services regulated.