S.B. No. 1251
AN ACT
relating to authorized charges and terms for certain consumer
loans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 342.002, Finance Code, is amended by
adding Subsection (d) to read as follows:
(d) Interest under the scheduled installment earnings
method or true daily earnings method may not be compounded.
SECTION 2. The heading to Section 342.201, Finance Code, is
amended to read as follows:
Sec. 342.201. MAXIMUM INTEREST CHARGE AND ADMINISTRATIVE
FEE.
SECTION 3. Section 342.201, Finance Code, is amended by
amending Subsection (f) and adding Subsection (g) to read as
follows:
(f) A loan contract under this subchapter may provide for an
administrative fee in an amount not to exceed $25 for a loan of more
than $1,000 or $20 for a loan of $1,000 or less. The administrative
fee is considered earned when the loan is made or refinanced and is
not subject to refund. An administrative fee is not interest. A
lender refinancing the loan may not contract for or receive an
administrative fee for the loan more than once in any 180-day
period, except that if the loan has an interest charge authorized by
Subsection (e) the lender may not contract for or receive the
administrative fee more than once in any 365-day period. One dollar
of each administrative fee may be deposited with the comptroller
for use in carrying out the finance commission's responsibilities
under Section 11.3055.
(g) The finance commission by rule may prescribe a
reasonable maximum amount of an administrative fee for a loan
contract under this subchapter that is greater than the maximum
amount authorized by this section for the amount of the loan.
SECTION 4. Section 342.252, Finance Code, is amended to
read as follows:
Sec. 342.252. ALTERNATE CHARGES [INTEREST CHARGE].
(a) Instead of the charges authorized by Section 342.201, a loan
contract may provide for:
(1) on a cash advance of less than $30, an acquisition
charge that is not more than $1 for each $5 of the cash advance;
(2) on a cash advance equal to or more than $30 but not
more than $100:
(A) an acquisition charge that is not more than
the amount equal to one-tenth of the amount of the cash advance; and
(B) an installment account handling charge that
is not more than:
(i) $3 a month if the cash advance is not
more than $35;
(ii) $3.50 a month if the cash advance is
more than $35 but not more than $70; or
(iii) $4 a month if the cash advance is more
than $70; or
(3) on a cash advance of more than $100:
(A) an acquisition charge that is not more than
$10; and
(B) an installment account handling charge that
is not more than the ratio of $4 a month for each $100 of cash
advance.
(b) For an acquisition charge authorized by this
subchapter, the finance commission by rule may prescribe a
reasonable maximum amount for an acquisition charge that is greater
than the maximum amount authorized by the applicable section of
this subchapter for the amount of the cash advance.
(c) An acquisition charge under this subchapter is not
interest.
SECTION 5. Section 342.255, Finance Code, is amended to
read as follows:
Sec. 342.255. MAXIMUM LOAN TERM. The maximum scheduled
term of a loan made under this subchapter is:
(1) for a loan of $100 or less, the lesser of:
(A) one month for each multiple of $10 of cash
advance; or
(B) six months; and
(2) for a loan of more than $100, one month for each
multiple of $20 of cash advance.
SECTION 6. Subsection (a), Section 342.352, Finance Code,
is amended to read as follows:
(a) This section applies to a loan contract:
(1) that includes precomputed interest and to which
Section 342.351 does not apply;
(2) that includes interest contracted for under
Section 342.201 or 342.260; or
(3) that has a term of more than 60 months.
SECTION 7. Subchapter F, Chapter 342, Finance Code, is
amended by adding Section 342.260 to read as follows:
Sec. 342.260. ALTERNATE INTEREST CHARGE COMPUTATION
METHODS. (a) A loan contract under this subchapter may provide
for an interest charge computed using the true daily earnings
method or the scheduled installment earnings method that does not
exceed the equivalent rate or effective return of the installment
account handling charge for the original scheduled term of the
loan.
(b) The principal balance of a loan contract authorized by
this section may not include the acquisition charge, installment
account handling charge, default charges, or deferment charges or
the return check fees authorized by Section 3.506, Business &
Commerce Code.
(c) Interest may accrue on the principal balance from time
to time unpaid at the rate provided for by the contract until the
date of payment in full or demand for payment in full.
(d) A payment on a loan contract authorized by this section
shall be applied to the borrower's account in the following order
or, at the lender's option, under another method of applying a
payment that is more favorable to the borrower:
(1) the straight line allocation of the acquisition
charge using the original scheduled term of the loan based on the
proportional scheduled payment that was paid or scheduled to be
paid;
(2) default charges authorized by Section 342.257;
(3) return check fees authorized by Section 3.506,
Business & Commerce Code;
(4) any other charges authorized by this subchapter;
(5) accrued interest authorized by this section; and
(6) principal.
SECTION 8. The changes in law made by this Act apply only to
a loan made on or after the effective date of this Act. A loan made
before the effective date of this Act is governed by the law in
effect on the date the loan was made, and the former law is
continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1251 passed the Senate on
April 11, 2013, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 20, 2013, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1251 passed the House, with
amendment, on May 7, 2013, by the following vote: Yeas 140,
Nays 4, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor