Relating to the elimination of the requirement that a portion of certain retail charge agreement delinquency fees be remitted to the comptroller.
Summary
HB 4739 repeals Section 345.157(d) of the Texas Finance Code, which required that a portion of certain retail charge agreement delinquency fees be remitted to the comptroller. In practical terms, the bill removes this statutory remittance requirement for those fees, leaving the underlying delinquency fee structure in place but eliminating the state-directed share described in the repealed provision.
The bill is narrowly focused and does not create a new tax or fee. It instead changes how delinquency fees associated with retail charge agreements are treated under state law by deleting the provision that sent part of those fees to the comptroller. The act applies prospectively and expressly preserves liability that accrued before its effective date, meaning prior obligations remain collectible under the former law. The bill takes effect January 1, 2026.
Impact
HB 4739 amends the Finance Code by repealing Section 345.157(d), thereby removing the requirement that a portion of certain retail charge agreement delinquency fees be remitted to the comptroller. This affects lenders, retailers, finance companies, and other parties involved in retail charge agreements, as well as the state comptroller’s administration of any amounts previously required to be remitted. The bill includes a savings clause preserving pre-effective-date liability and enforcement for amounts already due.
Sentiment
The bill appears to have been broadly noncontroversial. It passed the House and Senate unanimously, with overwhelming support in the House and no recorded opposition in the Senate. The absence of recorded dissent suggests the measure was viewed as a technical or administrative change rather than a major policy shift.
Contention
No notable substantive contention is reflected in the available record. Because there were no committee transcripts and the floor votes were unanimous, there is no evidence of organized opposition or disagreement over the bill’s policy direction. Any discussion likely centered on the administrative effect of removing the comptroller remittance requirement rather than on broader consumer finance policy.
Relating to the postponement of the delinquency date for a payment of ad valorem taxes imposed by a taxing unit if the office of the collector for the taxing unit is closed on the delinquency date.
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Relating to certain advisory entities and work groups under the jurisdiction of the comptroller of public accounts or on which the comptroller's office is represented and to the repeal or redesignation of certain of those entities.
Relating to the continuing education required in order for a person to renew the person's agreement with the comptroller of public accounts to serve as an arbitrator in an appeal through binding arbitration of an appraisal review board order determining a protest.