Texas House Bill HB661

Texas 2011 - 82nd Regular

• Introduced: 1/13/11
• Refer: 2/21/11

Caption

Relating to the regulation of activities with respect to certain extensions of consumer credit.

Impact

The bill's provisions will directly impact the operations of credit services organizations and creditors in Texas. By preventing them from charging certain fees, HB661 could potentially reduce the costs consumers face when seeking credit. This could also lead to more straightforward lending practices, whereby consumers have a clearer understanding of the costs associated with credit. The broader implications encompass the regulation of the finance industry in Texas, allowing for tighter control over the fees associated with consumer credit, aligning state laws with consumer protection efforts.

Summary

House Bill 661 seeks to amend the Finance Code of Texas by introducing regulations on the activities surrounding consumer credit extensions. The bill specifically prohibits third-party fees connected with negotiating, arranging, or securing extensions of credit unless the credit is secured by purchase money. This is significant as it intends to protect consumers from excessive fees that could be scrutinized as interest for usury purposes. By targeting these fees, the bill aims to provide more clear and fair terms for consumers seeking credit.

Sentiment

The discussions surrounding HB661 were largely positive among consumer advocacy groups, which viewed the bill as a step forward in protecting consumers from predatory lending practices. Supporters argue that the bill helps prevent exploitation of vulnerable consumers who may be unaware of the fees they are incurring while obtaining credit. However, there could be pushback from credit services organizations and creditors that rely on these fees for their revenue, potentially framing the regulations as restrictive to their business operations.

Contention

Notable points of contention might arise around the definition and scope of 'third-party fees' as well as concerns about how these regulations will impact credit availability for consumers. While the intent is to curb excessive fees, critics may argue that such regulations could inadvertently lead to less access to credit for individuals who rely on credit services organizations for assistance. The balance between protecting consumers and ensuring accessible credit will likely be a significant topic as the bill progresses.