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Texas Asset-Building Legislation Update - 2015

The 84th Legislative Session officially ended on June 1, 2015. Four of the bills that we tracked and supported this session made it through the legislature and onto the Governor’s desk. The Governor signed three of the bills into law. We were disappointed that the Governor vetoed one of the bills. See the list of bills that were passed or vetoed this session, along with all of the other asset-building bills that were introduced.

Bills Signed into Law by the Governor

HB 3987 Rep. Farney
Relating to programs in public schools designed to facilitate planning and saving for higher education and facilitate personal financial literacy instruction.
 
Signed by the Governor on June 20, 2015.

HB 1626 Rep. Johnson
Relating to the designation of certain areas of banking development districts to encourage the establishment of financial institution branches in those areas.

Signed by the Governor on June 19, 2015.

SB 1664 Sen. Perry
Relating to the establishment of the Texas Achieving a Better Life Experience (ABLE) Program; authorizing the imposition of fees.

Signed by the Governor on June 19, 2015.

Bill Vetoed by the Governor

HB 1628 Rep. Johnson
Relating to authorizing a credit union or other financial institution to conduct savings promotion raffles.

Vetoed by the Governor on June 20, 2015.

Other Asset-Building Bills Introduced This Session

Savings Programs and Post-Secondary Education/College Access

SB 1858 Sen. Garcia
Relating to programs in public schools designed to facilitate planning and saving for higher education and facilitate personal financial literacy instruction.

Referred to Education Committee on March 25, 2015.

HB 2666 Rep. Naishtat
Relating to the exclusion of certain resources in determining eligibility for the supplemental nutrition assistance program.

Considered in a public hearing in the Human Services Committee on May 4, 2015, and the bill was left pending in committee.

HB 3967 Rep. Dukes
Relating to a pilot program to increase the financial independence of foster children who are transitioning to independent living.

Passed favorably as substituted out of the Juvenile Justice & Family Issues Committee on May 11, 2015, and was recommended to be sent to Local & Consent.

Payday, Auto Title, and Consumer Loans Regulations

HB 2808 Rep. White
Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations; increasing a criminal penalty.

Considered in a public hearing in the Investments & Financial Services Committee April 29, 2015, and was left pending in committee.

HB 3047 Rep. Craddick
Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations; increasing a criminal penalty.

Considered in the Investments & Financial Services Committee on April 29, 2015, and was left pending in committee.

SB 121 Sen. West
Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations; providing civil and administrative penalties.

Passed favorably as substituted from the Business & Commerce Committee on May12, 2015.

HB 1020 Rep. Giddings
Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations; providing civil and administrative penalties.

Considered in a public hearing in the Investments & Financial Services Committee April 29, 2015, and was left pending in committee.

SB 91 Sen. Ellis
Relating to a restriction on charges charged for certain extensions of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining.

Referred to Business & Commerce Committee on January 26, 2015.

SB 92 Sen. Ellis
Relating to regulation of certain credit services organizations and to certain extensions of consumer credit the organizations obtain for a consumer or assist a consumer in obtaining.

Considered in a public hearing in the Business & Commerce Committee on April 28, 2015, and was left pending in committee.

SB 1323 Sen. Menéndez
Relating to fees paid to certain credit services organizations in connection with certain extensions of consumer credit.

Considered in a public hearing in the Business & Commerce Committee on April 28, 2015, and was left pending in committee.

HB 3811 Rep. Thompson
Relating to extensions of consumer credit in the form of a deferred presentment transaction that a credit access business obtains for a consumer or assists a consumer in obtaining; providing a civil penalty; adding a provision subject to a criminal penalty.

Considered in a public hearing in the Investments & Financial Services Committee April 29, 2015, and was left pending in committee.

HB 3812 Rep. Thompson
Relating to extensions of consumer credit in the form of a motor vehicle title loan that a credit access business obtains for a consumer or assists a consumer in obtaining; providing a civil penalty.

Considered in a public hearing in the Investments & Financial Services Committee April 29, 2015, and was left pending in committee.

HB 371 Rep. McClendon
Relating to certain extensions of consumer credit facilitated by a credit access business for certain military personnel or their dependents.

Considered in a public hearing in the Investments & Financial Services Committee April 22, 2015, and was left pending in committee.

HB 2166 Rep. Flynn
Relating to certain extensions of consumer credit facilitated by credit access businesses; providing a civil penalty.

Considered in a public hearing in the Investments & Financial Services Committee April 22, 2015, and was left pending in committee.

HB 3824 Rep. Capriglione
Relating to the regulation of certain short-term consumer loans; imposing an assessment and fees; adding provisions subject to criminal penalty; requiring an occupational license.

Considered in a public hearing in the Investments & Financial Services Committee April 22, 2015, and was left pending in committee.

SB 1282 Sen. Eltife
Relating to the regulation of consumer credit transactions and the regulatory authority of the Office of Consumer Credit Commissioner.

Passed the Senate on April 23, 2015, and passed favorably as substituted from the House Investments & Financial Services Committee on May 5, 2015.  The bill was returned to Local & Consent Calendars Committee on May 27, 2015.

HB 3094 Rep. Parker
Relating to the regulation of consumer credit transactions and the regulatory authority of the Office of Consumer Credit Commissioner.

Passed favorably as substituted out of the Investment & Financial Services Committee, and was placed on the General State Calendar for May 8, 2015.

SB 1650 Sen. Eltife
Relating to credit services organizations and extensions of consumer credit facilitated by credit services organizations.

Passed the Senate on May 11, 2015, and is scheduled for a public hearing in the House Investments & Financial Services on May 20, 2015.

HB 411 Rep. Turner
Relating to prohibiting telemarketing calls by a credit access business.

Passed the House on May 6, 2015, and referred to the Senate Business & Commerce Committee.

HB 2239 Rep. Turner
Relating to prohibiting certain unsolicited mail by credit access businesses; providing a civil penalty.

Referred to Business & Industry Committee on March 16, 2015.

HB 2273 Rep. Turner
Relating to a contract or other agreement between certain governmental entities and a credit services organization or credit access business.

Considered in a public hearing in the General Investigating & Ethics Committee on April 9, 2015, and left pending in committee.

HB 3599 Rep. Turner
Relating to the sale of collateral in connection with certain extensions of consumer credit that a credit access business obtains for a consumer or assists a consumer in obtaining; providing a civil penalty.

Considered in a public hearing in the Investments and Financial Services Committee on April 29, 2015, and was left pending in committee.

HB 3638 Rep. Turner
Relating to reports for credit access businesses required by the consumer credit commissioner; amending provisions subject to criminal penalty.

Considered in a public hearing in the Investments and Financial Services Committee on April 29, 2015, and was left pending in committee.

HB 4057 Rep. Bernal
Relating to contracts and other documents issued by credit access businesses; adding a provision subject to criminal penalty.

Considered in a public hearing in the Investments and Financial Services Committee on April 22, 2015, and was left pending in committee.

SB 1486 Sen. Garcia
Relating to the presumption of intent in the prosecution of certain criminal cases involving theft by check or issuance of a bad check.

Referred to Criminal Justice Committee on March 19, 2015.

HB 2803 Rep. Peña
Relating to notice requirements for licensed lenders of deferred presentment transactions and motor vehicle certificate of title loans; adding a provision subject to a criminal penalty.

Considered in a public hearing in the Investments and Financial Services Committee on April 29, 2015, and was left pending in committee.

HB 3223 Rep. Romero, Jr. 
Relating to requiring a credit access business to verify the vehicle identification number used to obtain a motor vehicle title loan; adding a provision subject to criminal penalty.

Considered in a public hearing in the Investments and Financial Services Committee on April 22, 2015, and was left pending in committee.

HB 610 Rep. Davis
Relating to the statute of limitations for an action on a credit card account.

Referred to Judiciary and Civil Jurisprudence with public hearing and no action taken in committee on March 3, 2015.

HB 3873 Rep. Capriglione
Relating to the Office of Consumer Credit Commissioner, the consumer credit commissioner, and the duties of the consumer credit commissioner, including the regulation of credit access businesses.

Considered in a public hearing in the Investments and Financial Services Committee on April 22, 2015, and was left pending in committee.

HB 3938 Rep. Longoria
Relating to single premium term life insurance offered in connection with certain consumer loans.

Passed the House on May 12, 2015, and passed favorable as substituted from the Senate Business & Commerce Committee on May 22, 2015. Placed on Intent Calendar on May 27, 2015.

HB 4073 Rep. Eddie Rodriguez
Relating to the acceptance of certain documentation from consumers by certain credit services organizations and the reporting requirements for those organizations; adding a provision subject to a criminal penalty.

Scheduled for a public hearing in the Investments & Social Services Committee on April 22, 2015 but no action taken in committee.

Potential Pre-emption including Payday and Auto Title Local Ordinances

HB 3263 Rep. Guillen
Relating to the authority of a municipality to regulate state licensees.

Considered in a public hearing in the Urban Affairs Committee on April 21, 2015, and bill was left pending.

SB 343 Sen. Huffines 
Relating to the conformity of local law with state law.

Referred to State Affairs Committee on February 2, 2015.

HB 1556 Rep. Miller
Relating to prohibition of certain regulations by a county, municipality, or other political subdivision.

Referred to Urban Affairs Committee on March 9, 2015.

Financial Education, Financial Accounts and Related Services

HB 3766 Rep. Burkett
Relating to the establishment of the Texas Achieving a Better Life Experience (ABLE) Program; authorizing the imposition of fees.

Referred to the Human Services Committee on March 23, 2015.

HB 3703 Rep. Lucio III
Relating to the establishment of the Texas Achieving a Better Life Experience (ABLE) Program; authorizing the imposition of fees.

Referred to Human Services Committee March 19, 2015.

SB 1141 Sen. Watson
Relating to the establishment and administration of the qualified ABLE program; granting authority to impose a fee.

Referred to Business & Commerce Committee on March 17, 2015.

HB 2542 Rep. Gonzalez
Relating to the establishment and administration of the qualified ABLE program; granting authority to impose a fee.

Referred to Human Services Committee March 16, 2015.

HB 980 Rep. Hernandez
Relating to a personal financial literacy component in a statistics course offered for public high school graduation.

Referred to Public Education Committee on March 2, 2015.

EITC and Tax Preparation

HB 322 Rep. Farias
Relating to the regulation of persons who facilitate the issuance of tax refund anticipation checks.

Considered in a public hearing in the Investments & Financial Services Committee on April 15, 2015, and the bill was left pending.

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