Texas 2023 - 88th Regular

Texas House Bill HB3827

Filed
3/7/23  
Out of House Committee
4/26/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the regulation of earned wage access services; requiring an occupational license; providing an administrative penalty; imposing fees.

Impact

The establishment of regulatory guidelines under HB 3827 will have significant implications for the operation of earned wage access services within the state. It mandates that providers adhere to specific standards, including maintaining records of transactions, filing annual reports, and following disclosure requirements to inform consumers of their rights and fees associated with the services. By implementing these measures, the bill aims to create a safer environment for consumers accessing these financial products, which are often utilized for urgent liquidity needs.

Summary

House Bill 3827 pertains to the regulation of earned wage access services in Texas. This bill aims to establish a legal framework governing the provision of these services, which have surged in popularity in recent years as alternatives to traditional payday loans. By requiring earned wage access service providers to obtain an occupational license, the bill seeks to ensure that these financial products are offered ethically and transparently, thereby protecting consumers from potential exploitation by bad actors in the marketplace.

Sentiment

The sentiment around HB 3827 appears to be largely supportive among advocates for consumer protection, who view it as a necessary step towards regulating a rapidly growing industry. Supporters argue that proper oversight will help prevent predatory practices, ensuring that consumers are treated fairly. However, there may also be concern among some industry players about the costs and complexities associated with compliance, which could create barriers for smaller providers entering the market.

Contention

Notable points of contention may arise regarding the balance between regulatory oversight and the need for flexibility in the marketplace. While some stakeholders emphasize the importance of consumer protections, others may argue that excessive regulation could stifle innovation and limit access to these services for those who rely on them. Additionally, the requirement for providers to obtain licenses could lead to a consolidation among larger companies, potentially reducing competition in the earned wage access sector.

Texas Constitutional Statutes Affected

Finance Code

  • Chapter 14. Consumer Credit Commissioner
    • Section: 107
    • Section: 112
    • Section: New Section
    • Section: 251
    • Section: 251

Companion Bills

TX SB2245

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

Similar Bills

TX HB2043

Relating to the regulation of earned wage access services; requiring an occupational registration; imposing fees.

MN HF2874

Earned wage access services regulated.

MN SF3281

Earned wage access services regulation

ND HB1393

Earned wage access providers; and to provide a penalty.

TX SB938

Relating to the regulation of earned wage access services; providing an administrative penalty.

KY SB161

AN ACT relating to earned wage access services.

TX SB2245

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

MA H1119

Relative to financial technology services