HBA-JLV H.B. 1366 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1366
By: Solomons
Financial Institutions
2/21/2001
Introduced



BACKGROUND AND PURPOSE 

A deferred deposit loan or payday loan is a small consumer loan for a short
period of time that is secured by the borrower's personal check
(instrument) and is currently an unregulated lending practice.  There are
concerns that lenders of deferred deposit loans charge high interest rates
that help create a cycle of debt from which low-income consumers may find
it difficult to escape.  Additionally, if a borrower is unable to repay the
loan at the expiration of the loan period, the lender may extend the loan
period (renewal) if the borrower agrees to pay an additional interest rate,
which again may be at an elevated rate.  However, if the borrower does not
wish to extend the loan period, the lender can deposit the original
personal check, knowing that the borrower possess insufficient funds to
cover the check.  When the check is returned due to insufficient funds,
some lenders have been known to turn the check over to their local criminal
justice system for criminal prosecution as a hot check.  These practices
have raised concerns regarding the lack of regulation on deferred deposit
loans or payday loans.  House Bill 1366 provides regulatory requirements
for businesses and lenders offering deferred deposit loans. 

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. 

ANALYSIS

House Bill 1366 amends the Finance Code to regulate deferred deposit loan
(loan) transactions.  The bill requires each loan transaction and renewal
to be documented by a written agreement and requires a lender to provide a
notice to potential borrowers containing the purpose of the loan (Secs.
342.602 and 342.603). The bill authorizes a lender to charge, for each
loan, a finance charge not to exceed $15 for every $100 advanced (Sec.
342.604).  The bill requires a lender to post a notice informing potential
borrowers of the lender's prohibition on advancing a loan amount that is
greater than $500 and the right of the borrower to rescind the loan no
later than 5 p.m. on the next business day following the loan transaction
(Secs. 342.605 and 342.607). 
 
The bill prohibits a lender from engaging in a loan with a term of more
than 31 days (Sec. 342.606). The bill prohibits a borrower from renewing a
loan more than three consecutive times and if the borrower does not pay the
debt, the lender may deposit, negotiate, or present for payment the
borrower's instrument.  The bill authorizes a lender to assess additional
finance charges not to exceed $15 for every $100 advanced on a renewal of a
loan.   Upon completion of a transaction, the bill authorizes the lender to
enter into a new loan agreement with the borrower (Sec. 342.608).  
 
The bill authorizes a lender to pay the proceeds from a loan to the
borrower in the form of a business instrument, a money order, or cash.  The
bill prohibits the lender from charging the borrower an additional finance
charge or fee for cashing the lender's business instrument (Sec. 342.609). 

The bill requires a lender offering a loan to post a notice of the charges
imposed for the loan and to maintain records and file an annual report
with the consumer credit commissioner (commissioner) (Secs. 342.613  and
342.615). 

The bill grants authority to conduct a  loan business only to authorized
and licensed  lenders and requires the lender to obtain and maintain a
separate license for each location where loan business is conducted (Sec.
342.616).  The bill requires the commissioner to notify a lender of any
violations and the actions the lender must take to cure the violations, if
a commissioner finds that a lender has violated any provisions of the bill.
Once the lender has cured the violations, the lender shall not be subject
to further disciplinary action, unless the lender knowingly committed the
violations (Sec. 342.618). 

The bill prohibits a borrower from being held subject to any criminal
penalty for participation in a loan agreement, unless the borrower has made
a false statement to obtain credit (Sec. 342.621). 

EFFECTIVE DATE

September 1, 2001.