Tex. Fin. Code § 302.101 · Subchapter B. OTHER RATES AND PROVISIONS ON LOANS SECURED BY REAL PROPERTY
DETERMINING RATES OF INTEREST BY SPREADING.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) To determine whether a loan secured in any part by an interest in real property, including a lien, mortgage, or security interest, is usurious, the interest rate is computed by amortizing or spreading, using the actuarial method during the stated term of the loan, all interest at any time contracted for, charged, or received in connection with the loan.
(b) If a loan described by Subsection (a) is paid in full before the end of the stated term of the loan and the amount of interest received for the period that the loan exists exceeds the amount that produces the maximum rate authorized by law for that period, the lender shall:
(1) refund the amount of the excess to the borrower; or
(2) credit the amount of the excess against amounts owing under the loan.
(c) A lender who complies with Subsection (b) is not subject to any of the penalties provided by law for contracting for, charging, or receiving interest in excess of the maximum rate authorized.
Notes and commentary — not statutory text
History
Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.18(a), eff. Sept. 1, 1999.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FI/htm/FI.302.htm
- Text hash
- sha256 9bf1be22d0cc33a7668247f76d9af7dfd3d5d148a9a3c0019dc99b8e72af5787
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.