Tex. Fin. Code § 346.103 · Subchapter B. INTEREST CHARGE AND FEES
FEES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The following fees may be charged to or collected from a customer in connection with an account under this chapter:
(1) an annual fee not to exceed:
(A) $50 a year on an account with a credit limit of $5,000 or less;
(B) $75 a year on an account with a credit limit exceeding $5,000 but not exceeding $25,000; and
(C) $125 a year on an account with a credit limit exceeding $25,000;
(2) a late charge not to exceed the lesser of $15 or five percent of the payment due after the payment continues unpaid for 10 days or more after the date the payment is due, including Sundays and holidays;
(3) a cash advance charge not to exceed the greater of $2 or two percent of the cash advance;
(4) a returned check fee as provided for a loan agreement under Chapter 342 by Section 3.506, Business & Commerce Code; and
(5) a fee for exceeding a credit limit not to exceed the greater of $15 or five percent of the amount by which the credit limit is exceeded.
(b) A creditor may not charge, contract for, or receive interest on fees authorized under this section.
(c) A customer's monthly statement must contain the following notice printed or typed in at least 10-point type that is boldfaced, capitalized, underlined, or otherwise conspicuously set out from the surrounding written material: "A LATE CHARGE OF FIVE PERCENT OF THE PAYMENT DUE OR A MAXIMUM OF $15 WILL BE ASSESSED FOR A PAYMENT MADE 10 DAYS OR MORE AFTER THE DATE PAYMENT OF THIS BILL IS DUE."
(d) With respect to a revolving credit account secured by an interest in real property, a creditor may contract for, charge, and receive additional fees or charges permitted under Section 342.308 as if the revolving credit account were a secondary mortgage loan under Chapter 342.
Notes and commentary — not statutory text
History
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1348, Sec. 2, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 887, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1182 (H.B. 3453), Sec. 9, eff. September 1, 2011.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FI/htm/FI.346.htm
- Text hash
- sha256 2737f59fc8dfdf4e8c07b52679824d87cbf82f136e6ec0e3de4de482861812e2
- 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
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Business & Commerce Code
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