Texas Codes

Tex. Fin. Code § 305.004 (2026)

Additional Liability For More Than Twice Authorized Rate Of Legal Interest

✓ current as of May 2026

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Sec. 305.004. ADDITIONAL LIABILITY FOR MORE THAN TWICE AUTHORIZED RATE OF LEGAL INTEREST. (a) In addition to the amount determined under Section 305.003, a creditor who charges and receives legal interest that is greater than twice the amount authorized by this subtitle is liable to the obligor for:

(1) the principal amount on which the interest is charged and received; and

(2) the interest and all other amounts charged and received.

(b) This section applies only to a transaction subject to this subtitle.

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

Notes of Decisions

Cited in 5 cases, 1999–2018 · leading case: Walker & Assocs. Surveying, Inc. v. Roberts, 306 S.W.3d 839 (Tex. App. 2010).

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Walker & Assocs. Surveying, Inc. v. Roberts, 306 S.W.3d 839 (Tex. App. 2010). “76 for “the principal amount on which the interest is charged and received” as provided by Tex. Fin.Code § 305.004. Therefore, the Court’s Partial Summary Judgment adjudicated Plaintiffs claim for $1,979.”

Varel Mfg. Co. v. Acetylene Oxygen Co., 990 S.W.2d 486 (Tex. App. 1999). “Now codified at Tex. Fin.Code Ann. § 305.001 (Vernon 1998).”

Change Capital Partners Fund I, LLC v. Volt Elec. Sys., LLC (Del. Super. Ct. 2018). “00](a), Tex. Fin. Code § 305.004(a), and Tex. Bus.”

Couns. Fin. Servs., Llc v. David McQuade Leibowitz & David McQuade Leibowitz, P. C. (Tex. App. 2013). “TEX. FIN. CODE ANN. § 305.004 (West 2006).”

Walker & Assocs. Surveying, Inc., & Dennis Walker, D/B/A Walker & Assocs. Constr. v. Royce Roberts (Tex. App. 2010). “Usurious Interest Award Under Section 305.004 Was Error Section 305.”

— Tex. Fin. Code § 305.004(a) — 1 case

Change Capital Partners Fund I, LLC v. Volt Elec. Sys., LLC (Del. Super. Ct. 2018). “00](a), Tex. Fin. Code § 305.004(a), and Tex. Bus.”

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