HB4738 - Relating to the elimination of the remittance of a portion of certain loan administration fees to the comptroller.

      H.B. No. 4738         AN ACT   relating to the elimination of the remittance of a portion of   certain loan administration fees to the comptroller.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 342.201(f), Finance Code, is amended to   read as follows:          (f)  A loan contract under this subchapter may provide for an   administrative fee in an amount not to exceed $25 for a loan of more   than $1,000 or $20 for a loan of $1,000 or less. The administrative   fee is considered earned when the loan is made or refinanced and is   not subject to refund. An administrative fee is not interest. A   lender refinancing the loan may not contract for or receive an   administrative fee for the loan more than once in any 180-day   period, except that if the loan has an interest charge authorized by   Subsection (e) the lender may not contract for or receive the   administrative fee more than once in any 365-day period. [ One   dollar of each administrative fee may be deposited with the   comptroller for use in carrying out the finance commission's   responsibilities under Section 11.3055. ]          SECTION 2.  Section 342.308(c), Finance Code, is amended to   read as follows:          (c)  An administrative fee under Subsection (a)(9) is   considered earned when the loan is made or refinanced and is not   subject to refund.  A lender refinancing the loan may not contract   for or receive an administrative fee for the loan more than once in   any 180-day period.  [ Fifty cents of each administrative fee may be   deposited with the comptroller for use in carrying out the finance   commission's responsibilities under Section 11.3055. ]          SECTION 3.  The change in law made by this Act does not   affect tax liability accruing before the effective date of this   Act. That liability continues in effect as if this Act had not been   enacted, and the former law is continued in effect for the   collection of taxes due and for civil and criminal enforcement of   the liability for those taxes.          SECTION 4.  This Act takes effect January 1, 2026.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 4738 was passed by the House on April   30, 2025, by the following vote:  Yeas 133, Nays 0, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 4738 was passed by the Senate on May   25, 2025, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor