Tex. Codes » Finance Code · TITLE 4. REGULATION OF INTEREST, LOANS, AND FINANCED TRANSACTIONS · SUBTITLE A. INTEREST · CHAPTER 303. OPTIONAL RATE CEILINGS
Texas Codes

Tex. Fin. Code § 303.009 (2026)

Maximum And Minimum Weekly, Monthly, Quarterly, Or Annualized Ceiling

✓ current as of May 2026
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Sec. 303.009. MAXIMUM AND MINIMUM WEEKLY, MONTHLY, QUARTERLY, OR ANNUALIZED CEILING. (a) If the rate computed for the weekly, monthly, quarterly, or annualized ceiling is less than 18 percent a year, the ceiling is 18 percent a year.

(b) Except as provided by Subsection (c), if the rate computed for the weekly, monthly, quarterly, or annualized ceiling is more than 24 percent a year, the ceiling is 24 percent a year.

(c) For a contract made, extended, or renewed under which credit is extended for a business, commercial, investment, or similar purpose, the limitation on the ceilings determined by those computations is 28 percent a year.

(d) For an open-end account credit agreement that provides for credit card transactions on which a merchant discount is not imposed or received by the creditor or a retail charge agreement under Chapter 345 without a merchant discount, the ceiling is 21 percent a year.

(e) Repealed by Acts 1999, 76th Leg., ch. 1348, Sec. 5, eff. Sept. 1, 1999.

(f) In this chapter, "weekly ceiling," "monthly ceiling," "quarterly ceiling," or "annualized ceiling" refers to that ceiling as determined after the application of this section.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.18(a), eff. Sept. 1, 1999. Amended by Acts 1999, 76th Leg., ch. 1348, Sec. 5, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 2.02, eff. September 1, 2005.

Acts 2011, 82nd Leg., R.S., Ch. 1182 (H.B. 3453), Sec. 3, eff. September 1, 2011.

Notes of Decisions
Cited in 24 cases (7 in the last 5 years), 2003–2026 · leading case: All Seasons Window & Door Mfg., Inc. v. Red Dot Corp., 181 S.W.3d 490 (Tex. App. 2005).
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All Seasons Window & Door Mfg., Inc. v. Red Dot Corp., 181 S.W.3d 490 (Tex. App. 2005). · cites it 2× “See Tex. Fin.Code Ann. § 303.001 (Vernon Supp.”
Threlkeld v. Urech, 329 S.W.3d 84 (Tex. App. 2011). · cites it 4× “See Tex. Fin.Code Ann. § 303.009 (West 2006).”
Bair Chase Prop. Co. v. S & K Dev. Co., 260 S.W.3d 133 (Tex. App. 2008). · cites it 2× “Furthermore, because the finance code imposes a minimum rate ceiling of 18%, the maximum rate allowed by law would not have fallen below 18% through the duration of Bair Chase’s corrected payoff sheet, which details amounts owed through February 8, 2007.”
In Re Perry, 425 B.R. 323 (Bankr. S.D. Tex. 2010). · cites it 2× “Tex. Fin.Code § 303.009(a) provides that ”[i]f the rate computed for the weekly, monthly, quarterly, or annualized ceiling is less than 18 percent a year, the ceiling is 18 percent a year.”
Samson Expl., LLC v. T. S. Reed Props., Inc., 521 S.W.3d 26 (Tex. App. 2015). “See Tex. Fin. Code Ann. § 303.009 (West Supp.”
Fleetwood Servs., LLC v. Complete Bus. Solutions Grp., Inc., 374 F. Supp. 3d 361 (E.D. Pa. 2019). “" See Tex. Fin. Code § 303.009(c). The Texas Financial Code also permits private causes of action for usury in commercial transactions.”
Law Off. of Oscar C. Gonzalez, Inc. & Oscar Gonzalez v. Isabel Sloan, 447 S.W.3d 98 (Tex. App. 2014). “” See Tex. Fin.Code Ann. §§ 303.009, 304.002 (West Supp.”
Patten v. Maryland Bank, N.A., 126 S.W.3d 532 (Tex. App. 2003). · cites it 2× “Texas Finance Code section 303.009(d) states: For an open-end account credit agreement that provides for credit card transactions on which a merchant discount is not imposed or received by the creditor, if the rate computed for the weekly ceiling, monthly ceiling, quarterly…”
Env't Processing Sys., LC & Clark Stegall v. Larry P. Horner, Max Williams, James L. Parks, Liberty Draw, Ltd, U.S. Operating, Inc., & U.S. Companies, Inc. (Tex. App. 2018). · cites it 4× “See Tex. Fin. Code Ann. § 303.009 (c) (West 2016) (providing a 28% ceiling for credit extended for a business, commercial, investment, or similar purpose).”
Robert Penta v. Easy Street Capital, LLC (Tex. App. 2023). · cites it 2× “” 7 Matured, unpaid principal and interest bears interest “from maturity until paid, at the Maximum Rate” which was 18%—the statutory ceiling set by Texas Finance Code § 303.009. Penta did not make the payment due on March 1, 2019.”
Am. Pearl Grp., L.L.C., a Texas Ltd. Liab. Co.; John Sarkissian; Andrei Wirth v. Nat'l Payment Sys., L.L.C. (Tex. 2025). · cites it 2× “TEX. FIN. CODE § 303.009(c). But a loan is not usurious just because the interest rate exceeds 28% in any particular year.”
Denali Constr. Servs., LLC. v. Cloudfund, LLC; True Bus. Funding LLC; Instafunding d/b/a TVT SVPL; Infusion Capital Grp., LLC; Skyline Bus. Capital, LLC; Top Tier Capital, LLC; Parkside Funding Grp., LLC; & Elite Funding, LLC (Bankr. N.D. Tex. 2026). · cites it 2× “Tex. Fin. Code §§ 303.009(c), 306.002(a).”
Show all 24 citing cases →
— Tex. Fin. Code § 303.009(a) — 8 cases
Bair Chase Prop. Co. v. S & K Dev. Co., 260 S.W.3d 133 (Tex. App. 2008). “Furthermore, because the finance code imposes a minimum rate ceiling of 18%, the maximum rate allowed by law would not have fallen below 18% through the duration of Bair Chase’s corrected payoff sheet, which details amounts owed through February 8, 2007.”
In Re Perry, 425 B.R. 323 (Bankr. S.D. Tex. 2010). “Tex. Fin.Code § 303.009(a) provides that ”[i]f the rate computed for the weekly, monthly, quarterly, or annualized ceiling is less than 18 percent a year, the ceiling is 18 percent a year.”
Threlkeld v. Urech, 329 S.W.3d 84 (Tex. App. 2011). “See Tex. Fin.Code Ann. § 303.009 (West 2006).”
Wells Fargo Bank Nat'l Ass'n v. Benamou (N.D. Tex. 2021).
Petty Bus. Enter., L.P. v. Chesapeake Expl., L.L.C. (Bankr. S.D. Tex. 2021).
— Tex. Fin. Code § 303.009(c) — 5 cases
Fleetwood Servs., LLC v. Complete Bus. Solutions Grp., Inc., 374 F. Supp. 3d 361 (E.D. Pa. 2019). “" See Tex. Fin. Code § 303.009(c). The Texas Financial Code also permits private causes of action for usury in commercial transactions.”
Am. Pearl Grp., L.L.C., a Texas Ltd. Liab. Co.; John Sarkissian; Andrei Wirth v. Nat'l Payment Sys., L.L.C. (Tex. 2025). “TEX. FIN. CODE § 303.009(c). But a loan is not usurious just because the interest rate exceeds 28% in any particular year.”
Denali Constr. Servs., LLC. v. Cloudfund, LLC; True Bus. Funding LLC; Instafunding d/b/a TVT SVPL; Infusion Capital Grp., LLC; Skyline Bus. Capital, LLC; Top Tier Capital, LLC; Parkside Funding Grp., LLC; & Elite Funding, LLC (Bankr. N.D. Tex. 2026). “Tex. Fin. Code §§ 303.009(c), 306.002(a).”
Am. Pearl Grp., LLC v. Nat'l Payment Sys., LLC (N.D. Tex. 2022).
DArbonne Bend LLC v. Pierce Partners III, LLC (S.D. Tex. 2020).
— Tex. Fin. Code § 303.009(d) — 1 case
Patten v. Maryland Bank, N.A., 126 S.W.3d 532 (Tex. App. 2003). “Texas Finance Code section 303.009(d) states: For an open-end account credit agreement that provides for credit card transactions on which a merchant discount is not imposed or received by the creditor, if the rate computed for the weekly ceiling, monthly ceiling, quarterly…”
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