Texas House Bill HB322

Texas 2015 - 84th Regular

• Filed: 11/18/14

Caption

Relating to the regulation of persons who facilitate the issuance of tax refund anticipation checks.

Impact

The introduction of HB322 has significant implications for state laws surrounding financial practices related to tax refunds. By establishing State-level regulations, the bill aims to enhance consumer protection for individuals utilizing these financial services. Furthermore, it preempts local ordinances that could offer differing regulations on refund anticipation checks, thereby standardizing how these services are managed across Texas. This centralized approach could potentially reduce confusion among consumers and facilitators alike, promoting a more uniform system within the state.

Summary

House Bill 322 aims to regulate the issuance of tax refund anticipation checks, a practice where facilitators provide checks to consumers based on anticipated tax refunds. The bill modifies the Finance Code to clarify the definitions of key terms such as 'consumer' and 'facilitator', ensuring that consumers are fully informed about the nature of the services they are engaging. It establishes disclosure requirements for facilitators, mandating that they provide a clear fee schedule and explain the potential fees associated with refund anticipation checks, as well as the risks involved, such as the possibility that the Internal Revenue Service (IRS) does not guarantee the full amount of the anticipated refund.

Contention

Despite its positive objectives, the bill has faced some contention. Advocates for consumer rights see the necessity for strict regulations in an area often rife with misleading practices and high fees. However, some members of the legislative body express concerns over the preemption clause, which could limit local jurisdictions from enacting stricter consumer protections tailored to their communities. This tension highlights the balance policymakers must strike between creating uniform regulations and respecting the autonomy of local governments to respond to the unique needs of their constituents.