Tex. Fin. Code § 342.005 · Subchapter A. GENERAL PROVISIONS; APPLICABILITY OF CHAPTER
APPLICABILITY OF CHAPTER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
Except as provided by Sections 302.001(d) and 342.004(c), a loan is subject to this chapter if the loan:
(1) provides for interest in excess of 10 percent a year;
(2) is extended primarily for personal, family, or household use to a person who is located in this state at the time the loan is made;
(3) is made by a person engaged in the business of making, arranging, or negotiating those types of loans; and
(4) either:
(A) is not secured by a lien on real property; or
(B) is described by Section 342.001(4), 342.301, or 342.456 and is predominantly payable in monthly installments.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.19(a), eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 916, Sec. 11, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1235, Sec. 12, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 14, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FI/htm/FI.342.htm
- Text hash
- sha256 b20a15f65bb67e2998c43361dbc055b0a793706dc92f6e60e709f7b3951d28ef
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Finance Code
- Tex. Fin. Code § 302.001CONTRACTING FOR, CHARGING, OR RECEIVING INTEREST OR TIME PRICE DIFFERENTIAL; USURIOUS INTEREST.Printed as Sections 302.001(d) and 342.004(c)
- Tex. Fin. Code § 342.001DEFINITIONS.Printed as Section 342.001(4), 342.301, or 342.456
- Tex. Fin. Code § 342.004CONSTITUTIONAL INTEREST; EXEMPTION FOR LOAN WITH INTEREST RATE OF 10 PERCENT OR LESS.Printed as Sections 302.001(d) and 342.004(c)
- Tex. Fin. Code § 342.301MAXIMUM INTEREST CHARGE.Printed as Section 342.001(4), 342.301, or 342.456
- Tex. Fin. Code § 342.456AGREEMENT TO MODIFY TERM OF SECONDARY MORTGAGE LOAN CONTRACT.Printed as Section 342.001(4), 342.301, or 342.456
Cited by 1 provision
Provisions in this library whose text cites Tex. Fin. Code § 342.005. Each shows the citation as that text prints it.
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.