Bill Text: TX HB3391 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to fees paid to a third party in connection with certain extensions of consumer credit.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-04-14 - Left pending in committee [HB3391 Detail]
Download: Texas-2021-HB3391-Introduced.html
87R7569 MLH-F | ||
By: Turner of Tarrant | H.B. No. 3391 |
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relating to fees paid to a third party in connection with certain | ||
extensions of consumer credit. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 302, Finance Code, is | ||
amended by adding Section 302.003 to read as follows: | ||
Sec. 302.003. PROHIBITION ON THIRD-PARTY FEES TO ARRANGE OR | ||
GUARANTEE CERTAIN EXTENSIONS OF CONSUMER CREDIT. (a) A fee paid or | ||
to be paid to a third party to assist a consumer in the transacting, | ||
arranging, guaranteeing, or negotiating of an extension of credit | ||
may not be contracted for, charged, or received by a creditor or | ||
third party in connection with the extension of credit if: | ||
(1) the extension of credit is secured by a | ||
non-purchase money security interest in personal property or is | ||
unsecured; and | ||
(2) the proceeds of the extension of credit are used | ||
for personal, family, or household purposes. | ||
(b) The amount of a fee contracted for, charged, or received | ||
in violation of Subsection (a) is considered interest for usury | ||
purposes under state law. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
an extension of consumer credit made on or after the effective date | ||
of this Act. | ||
SECTION 3. This Act takes effect September 1, 2021. |