Sec. 342.005. APPLICABILITY OF CHAPTER. 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.
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.
Structure Texas Statutes
Title 4 - Regulation of Interest, Loans, and Financed Transactions
Subtitle B - Loans and Financed Transactions
Subchapter A. General Provisions; Applicability of Chapter
Section 342.002. Interest Computation Methods
Section 342.003. Purchase From Mortgagee
Section 342.005. Applicability of Chapter
Section 342.006. Exemption for Certain Secondary Mortgage Loans
Section 342.007. Deferred Presentment Transaction
Section 342.008. Attempt to Evade Law
Section 342.009. Return of Property in Sale-Leaseback Transaction