| 1 | 1 | | 87R7569 MLH-F |
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| 2 | 2 | | By: Turner of Tarrant H.B. No. 3391 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to fees paid to a third party in connection with certain |
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| 8 | 8 | | extensions of consumer credit. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 302, Finance Code, is |
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| 11 | 11 | | amended by adding Section 302.003 to read as follows: |
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| 12 | 12 | | Sec. 302.003. PROHIBITION ON THIRD-PARTY FEES TO ARRANGE OR |
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| 13 | 13 | | GUARANTEE CERTAIN EXTENSIONS OF CONSUMER CREDIT. (a) A fee paid or |
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| 14 | 14 | | to be paid to a third party to assist a consumer in the transacting, |
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| 15 | 15 | | arranging, guaranteeing, or negotiating of an extension of credit |
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| 16 | 16 | | may not be contracted for, charged, or received by a creditor or |
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| 17 | 17 | | third party in connection with the extension of credit if: |
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| 18 | 18 | | (1) the extension of credit is secured by a |
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| 19 | 19 | | non-purchase money security interest in personal property or is |
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| 20 | 20 | | unsecured; and |
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| 21 | 21 | | (2) the proceeds of the extension of credit are used |
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| 22 | 22 | | for personal, family, or household purposes. |
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| 23 | 23 | | (b) The amount of a fee contracted for, charged, or received |
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| 24 | 24 | | in violation of Subsection (a) is considered interest for usury |
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| 25 | 25 | | purposes under state law. |
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| 26 | 26 | | SECTION 2. The changes in law made by this Act apply only to |
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| 27 | 27 | | an extension of consumer credit made on or after the effective date |
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| 28 | 28 | | of this Act. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2021. |
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