Texas May Soon Relax Usury Law

By Osuri, Laura Thompson | American Banker, June 20, 2005 | Go to article overview

Texas May Soon Relax Usury Law


Osuri, Laura Thompson, American Banker


Structuring a commercial loan can be a challenge for banks based in Texas.

Though out-of-state banks can lend there under their home states' usury laws, Texas banks must contend with restrictions that they say have forced them to charge higher rates.

But that could soon change. A bill that would amend Texas' commercial-lending laws was passed last month and is awaiting Gov. Rick Perry's signature. If the governor, a Republican, does not sign the bill by Wednesday, it would automatically become law and take effect Sept. 1.

Bankers and others say the law would make lending less complicated, saving Texas banks time and money so that they could compete more effectively with the larger out-of-state banks that dominate much of their market.

Indeed, with more outside banks entering the state, Karen Neeley, the general counsel for the Independent Bankers Association of Texas, said the bill had become a top priority.

It would give Texas banks "greater flexibility to make loans that are more attractive to customers," Ms. Neeley said.

Texas has among the most restrictive commercial lending laws in the country. Though most states do not even have interest rate caps on commercial loans, Texas law sets a cap -- currently 18% -- based on a sliding scale.

Few banks would charge that much interest per se, but the problem for Texas banks is a requirement that they count any fees associated with a loan as interest. That can easily push them over the cap.

The law, more than a century old, was meant to protect residents and business owners from gouging and loss of property, which secures most loans.

However, Ms. Neeley said that the law is no longer keeping rates low. In fact, she said, in-state banks often charge above-average rates to pay for the cost -- in time, manpower, and sometimes legal fees -- of making sure their loans comply.

Downey Bridgwater, the chief executive officer of the $3. …

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