Texas 2011 - 82nd Regular

Texas Senate Bill SB1862

Filed
 
Out of Senate Committee
4/11/11  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to certain extensions of credit to consumers.

Impact

Notably, SB1862 establishes specific requirements on deferred presentment transactions, allowing for a maximum charge of 15% on cash advances not exceeding $200, while also ensuring that the cash advanced does not exceed 35% of the borrower's gross monthly income. The bill enforces additional consumer protections by limiting the ways lenders can renew or consolidate loans, effectively combating the cycle of debt often associated with payday loans. By implementing these measures, the bill aims to create a more accountable lending environment and provide consumers with stronger safeguards against predatory lending practices.

Summary

SB1862 aims to regulate certain extensions of credit to consumers in the state of Texas, focusing particularly on auto title loans and deferred presentment transactions. The bill prohibits creditors from charging third-party fees related to the arrangement or negotiation of consumer credit, thus aiming to curb additional costs imposed on consumers. This legislative initiative seeks to address concerns about high-interest loans and the potential for excessive financial burdens on borrowers using these financial services for personal, family, or household purposes.

Contention

Within the discussions surrounding SB1862, several points of contention emerge, particularly regarding the balance between protecting consumers and the potential limitations on lenders' operational capabilities. Proponents assert that the bill is necessary to protect consumers, especially low-income individuals, from falling into a cycle of debt due to exorbitant fees and unsustainable payment requirements. However, critics argue that the regulations may stifle access to credit and harm small lenders who may struggle to remain profitable under stricter guidelines. This ongoing debate highlights the complexities of consumer lending regulations and the delicate balance required to safeguard both consumer rights and the financial viability of lending institutions.

Companion Bills

TX HB3786

Identical Relating to the requirements for certain extensions of credit to consumers.

Previously Filed As

TX HB297

Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations; increasing a criminal penalty.

TX HB1384

Relating to a restriction on total charges charged for certain extensions of consumer credit that are facilitated by credit access businesses and entered into by consumers residing in disaster areas.

TX SB1371

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

TX HB3275

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

TX HB2256

Relating to a restriction on total charges charged for extensions of consumer credit that a credit services organization obtains for a consumer or assists a consumer in obtaining.

TX SB2245

Relating to the regulation of earned wage access services; creating a criminal offense; providing an administrative penalty; authorizing a fee.

TX HJR29

Proposing a constitutional amendment providing that a residence homestead is not subject to seizure or sale for delinquent ad valorem taxes.

TX HB264

Relating to requirements for the physical presence of a borrower for signing certain documents related to a home equity loan.

TX HB19

Relating to the creation of a specialty trial court to hear certain cases; authorizing fees.

TX HB1515

Relating to the continuation and functions of and certain programs subject to rules adopted by the Texas Economic Development and Tourism Office.

Similar Bills

TX HB3786

Relating to the requirements for certain extensions of credit to consumers.

TX HB3047

Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations; increasing a criminal penalty.

TX HB768

Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations; increasing a criminal penalty.

TX HB1020

Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations; providing civil and administrative penalties.

TX SB121

Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations; providing civil and administrative penalties.

TX HB297

Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations; increasing a criminal penalty.

TX HB206

Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations; increasing a criminal penalty.

TX HB1258

Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations; increasing a criminal penalty.