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TX HB5462

Bill

Status

Introduced

3/14/2025

Primary Sponsor

Tom Oliverson

Click for details

Origin

House of Representatives

89th Legislature Regular Session

AI Summary

  • Creates the Texas Earned Income Access Act (Chapter 398, Finance Code) to regulate "earned wage access" providers—companies that allow workers to receive a portion of their earned but unpaid wages before their regular payday

  • Requires earned income access providers to obtain a license from the Consumer Credit Commissioner, with application fees up to $375; exempts banks, credit unions, payroll service providers, and employers who directly offer early wage access to their own workers

  • Mandates that all earned income access transactions be nonrecourse, meaning providers cannot pursue debt collection or legal action against consumers for unpaid amounts, and prohibits reporting transactions to credit bureaus

  • Requires providers to offer at least one no-cost option for consumers to receive proceeds, prohibits late fees and prepayment penalties, and caps any mandatory transaction fees at amounts set by the commissioner

  • Establishes consumer protections including quarterly cost disclosures, prohibition on class action waivers, prohibition on pre-filled tip/donation amounts, and written notice of all fees expressed as an annual percentage rate before transactions

  • Creates a Class B misdemeanor offense for violations including operating without a license, making false statements in applications, or refusing to permit investigations; existing providers must obtain licenses by January 1, 2026

Legislative Description

Relating to the regulation of earned income access providers and earned income access transactions; requiring an occupational license; authorizing fees; providing an administrative penalty; creating a criminal offense.

Business & Commerce

Last Action

Referred to Pensions, Investments & Financial Services

4/7/2025

Committee Referrals

Pensions, Investments & Financial Services4/7/2025

Full Bill Text

No bill text available