HBA-NLM C.S.H.B. 3240 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3240
By: Denny
Financial Institutions
4/14/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, there is an established maximum interest charge of
approximately 32 percent permitted on non-real property loans and this rate
varies depending upon the amount borrowed and terms of the loan. However,
consumers who are considered to be low risk borrowers qualify for larger
loans and the maximum interest rate drops when the size of the loan
increases. There is concern that consumers who only qualify for the minimum
loan amounts may seek alternative means to obtain additional funds, such as
loans that originate outside the state.   

The purpose of this bill is to allow lenders to competitively  price loan
products and offer a wider range of rates on larger loans, without
permitting an increase in the maximum rates on smaller loans. C.S.H.B. 3240
authorizes a loan contract under this chapter that is not secured by real
property to provide for an interest charge on the cash advance that does
not exceed 30 percent per year computed by actuarial method, as an
alternative to the interest charge otherwise permitted by this section. In
addition, this bill specifies the maximum cash advance amount, prohibits
interest from being precomputed,  and requires the interest to be computed
by the actuarial method, on a loan using an interest charge under these
provisions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 5069-3A.301, V.T.C.S., as follows:

(b)  Authorizes a loan contract under this chapter that is not secured by
real property to provide for an interest charge on the cash advance that
does not exceed 30 percent per year computed by actuarial method, as an
alternative to the interest charge otherwise permitted by this section.
Specifies the maximum cash advance amount, prohibits interest from being
precomputed,  and requires the interest to be computed by the actuarial
method, on a loan using an interest charge under this subsection. 

(c)  Makes a conforming change.

(d)-(e)  Redesignated from existing Subsections (c)-(d).

SECTION 2.  Amends Section 342.201, Finance Code, to make conforming
changes. 

SECTION 3.  (a) Provides that this Act takes effect September 1, 1999,
except as otherwise provided by Subsections (b) and (c). 

(b)  Provides that Section 1 of this Act takes effect only if the Act of
the 76th Legislature, Regular Session, 1999, relating to nonsubstantive
additions to and corrections in enacted codes does not take effect. 

(c) Provides that Section 2 of this Act takes effect only if the Act of the
76th Legislature,  Regular Session, 1999, relating to nonsubstantive
additions to and corrections in enacted codes takes effect. 

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3240 modifies the original in SECTION 1 (Article 5069-3A.301(b),
V.T.C.S.) by clarifying the ceiling amount and the method of computation
for a loan contract under this chapter.  The substitute specifies the
maximum cash advance amount, prohibits interest from being precomputed, and
requires the interest to be computed by the actuarial method, on a loan
using this alternative interest charge. The substitute removes the
qualification in the original that a loan contract for which this
alternative interest charge is available is a regular transaction. 

C.S.H.B. 3240 modifies the original in SECTION 2 (Section 342.201, Finance
Code), to make conforming changes.