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TX HB5462
Bill
Status
3/14/2025
Primary Sponsor
Tom Oliverson
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AI Summary
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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
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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
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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
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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
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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
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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