Regular Session
Comptroller of Public Accounts
Key implementation requirements and action items for compliance with this legislation
The "Accrual" vs. "Collection" Trap:
The legislation includes a savings clause (Section 2) stating that liability accruing before the effective date remains enforceable. The ambiguity lies in cross-year transactions.
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Schedule ConsultationInformation presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
This bill's path through the Texas Legislature
BILL ANALYSIS |
| H.B. 4739 |
| By: Geren |
| Pensions, Investments & Financial Services |
| Committee Report (Unamended) |
| BACKGROUND AND PURPOSE Current state law requires holders of retail charge agreements to remit $0.50 to the comptroller of public accounts from every delinquency charge that is in excess of $10. The bill author has informed the committee that the comptroller originally deposited these funds in the general revenue fund for allocation to the Finance Commission of Texas for research and financial education and counseling services facilitated by the consumer credit commissioner; however since 2009, as a self-directed and semi-independent agency, the commission no longer receives appropriated funds, and no revenue has been collected from the fee since fiscal year 2019. H.B. 4739 seeks to improve government efficiency and eliminate the unnecessary collection of fees by repealing provisions providing for the remittance of a portion of retail charge agreement delinquency fees to the comptroller.
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| CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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| RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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| ANALYSIS H.B. 4739 repeals Section 345.157(d), Finance Code, which does the following: ·requires the applicable holder of a retail charge agreement under statutory provisions relating to delinquency charges to remit 50 cents of each delinquency charge in excess of $10 collected under those statutory provisions to the comptroller of public accounts, in the time and manner established by the comptroller, for deposit to the credit of an account in the general revenue fund; and ·authorizes one-half of the money in the account to be appropriated only to finance research conducted by the consumer credit commissioner under statutory provisions governing the Finance Commission of Texas and the other one-half of the money in the account to be appropriated only to finance educational activities and counseling services under statutory provisions governing the duties of the consumer credit commissioner with respect to debt counseling and education. H.B. 4739 establishes that the bill does not affect tax liability accruing before the bill's effective date. That liability continues in effect as if the article had not been enacted, and the former law is continued in effect for the collection of taxes due and for civil and criminal enforcement of the liability for those taxes.
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| EFFECTIVE DATE Except as otherwise provided, January 1, 2026.
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| H.B. No. 4739 | ||
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| relating to the elimination of the requirement that a portion of | ||
| certain retail charge agreement delinquency fees be remitted to the | ||
| comptroller. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 345.157(d), Finance Code, is repealed. | ||
| SECTION 2. The change in law made by this Act does not | ||
| affect tax liability accruing before the effective date of this | ||
| Act. That liability continues in effect as if this Act had not been | ||
| enacted, and the former law is continued in effect for the | ||
| collection of taxes due and for civil and criminal enforcement of | ||
| the liability for those taxes. | ||
| SECTION 3. This Act takes effect January 1, 2026. | ||
| TO: | Honorable Stan Lambert, Chair, House Committee on Pensions, Investments & Financial Services |
| FROM: | Jerry McGinty, Director, Legislative Budget Board |
| IN RE: | HB4739 by Geren (Relating to the elimination of the portion of the Retail Charge Agreement Delinquency Fee remitted to the comptroller.), As Introduced |
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 466 Office of Consumer Credit Commissioner |
| LBB Staff: | JMc, FV, SD, BRI |
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Common questions about HB4739
HB4739 repeals the requirement for holders of retail charge agreements to remit a portion of delinquency fees (specifically the $0. 50 share on fees exceeding $10) to the State Comptroller. This deregulatory measure affects all retailers, finance companies, and servicers managing proprietary credit programs in Texas, allowing them to retain 100% of assessed delinquency fees starting in 2026.
HB4739 was authored by Texas Representative Charlie Geren during the Regular Session.
HB4739 was signed into law by Governor Greg Abbott on May 29, 2025.
HB4739 is enforced by Comptroller of Public Accounts.
The compliance urgency for HB4739 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
The cost impact of HB4739 is estimated as "low". This may vary based on industry and implementation requirements.
HB4739 addresses topics including fees & other nontax revenue, fees & other nontax revenue--state, state finances and state finances--management & control.
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