Sec. 303.015. VARIABLE RATE. (a) The parties to a contract, including a contract for an open-end account, may agree to any index, formula, or provision of law by which the interest rate or amount of time price differential will be determined, but the agreed rate of interest or yield from an amount of time price differential may not exceed the amount that would be produced by the rate ceiling applicable to the contract.
(b) A variable contract rate described by this section may not be used in a contract in which the interest or time price differential is precomputed and added into the amount of the contract at the time the contract is made.
(c) A variable rate agreement for credit extended primarily for personal, family, or household use must include the disclosures identified for variable rate contracts required by regulations issued by the Federal Reserve Board under the Truth in Lending Act (15 U.S.C. Section 1601 et seq.), as amended, except that if that Act does not apply because of the amount of the transaction, the following disclosure must be included in a size equal to at least 10-point type that is boldface, capitalized, underlined, or otherwise set out from surrounding material so as to be conspicuous:
"NOTICE TO CONSUMER: UNDER TEXAS LAW, IF YOU CONSENT TO THIS AGREEMENT, YOU MAY BE SUBJECT TO A FUTURE RATE AS HIGH AS 24 PERCENT PER YEAR."
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.18(a), eff. Sept. 1, 1999.
Structure Texas Statutes
Title 4 - Regulation of Interest, Loans, and Financed Transactions
Chapter 303 - Optional Rate Ceilings
Subchapter A. Rate Ceilings: Applicability, Computation, and Publication
Section 303.001. Use of Ceilings
Section 303.002. Weekly Ceiling
Section 303.003. Computation of Weekly Ceiling
Section 303.004. Monthly Ceiling
Section 303.005. Computation of Monthly Ceiling
Section 303.006. Quarterly Ceiling
Section 303.007. Annualized Ceiling
Section 303.008. Computation of Quarterly and Annualized Ceiling
Section 303.009. Maximum and Minimum Weekly, Monthly, Quarterly, or Annualized Ceiling
Section 303.010. Computation of Ceiling if Information Unavailable
Section 303.011. Publication of Rate Ceilings
Section 303.012. Judicial Notice
Section 303.013. Determination of Ceiling for Contract to Renew or Extend Debt Payment
Section 303.014. Rate for Lender Credit Card Agreement With Merchant Discount
Section 303.015. Variable Rate
Section 303.016. Charging of Rate Lower Than Agreed Rate
Section 303.017. Various Charges on Consumer Loans Made by Particular Lenders