Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
(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.Amended By Acts 2011, 82nd Leg., R.S., Ch. 1182, Sec. 9, eff. 9/1/2011.