Payday Loans in Texas: What to Know
Payday loans in Texas are regulated by the Texas Finance Code under Tex. Fin. Code § 393.601-393.628.
Payday Loan Rules in Texas
No statutory cap on the credit access business fee - set by the loan agreement
Max APR / Fee
Varies
Max Loan Amount
Varies
Max Loan Term
See state law
Rollovers
Required
Lender License
Governing law: Tex. Fin. Code § 393.601-393.628
Rates & Terms for Payday Loans in Texas
Texas does not regulate payday lending as direct lending. The loan is arranged through a credit access business under Subchapter G of Tex. Fin. Code ch. 393, which applies to a credit services organization that obtains for a consumer, or assists a consumer in obtaining, a deferred presentment transaction (§ 393.602(a)). Texas sets no ceiling on what that business may charge: “A credit access business may assess fees for its services as agreed to between the parties”, calculated daily, biweekly, monthly or on another periodic basis (§ 393.602(b)). The absence of a cap is explicit rather than inferred - § 393.622(c) provides that nothing in §§ 393.601-393.628 “grants authority to the finance commission or the Office of Consumer Credit Commissioner to establish a limit on the fees charged by a credit access business.” The protections that apply are procedural: a fee may not be charged unless it is disclosed, the business must hold a licence, and no device, subterfuge or pretense may be used to evade the subchapter.
What a Payday Loan Costs in Texas
Texas does not cap what a payday lender can charge. A payday loan in Texas is arranged by a credit access business, which “may assess fees for its services as agreed to between the parties” (Tex. Fin. Code § 393.602), and the Legislature expressly withheld from the Finance Commission and the Office of Consumer Credit Commissioner any authority to limit those fees (§ 393.622). Because the price is whatever your contract says, no representative cost example can honestly be shown. What Texas does require is procedural: every fee must be disclosed before it can be charged, the business must be licensed, and no device, subterfuge or pretense may be used to evade these rules. The annual percentage rate on your Truth-in-Lending disclosure is the figure to compare between lenders - ask for it in writing, with the total dollar cost, before you sign. Source: Tex. Fin. Code §§ 393.601-393.628 (§ 393.602 effective 1 January 2012), text current through the 89th 2nd Called Legislative Session, 2025, as published by the Texas Legislative Council. Last checked 13 August 2026.
What Texas Residents Should Know
Texas residents should be aware that payday loans may involve high fees due to the lack of an APR cap. Municipal ordinances in cities like Dallas, Austin, and San Antonio may impose additional restrictions.
Consumer Protections in Texas
Consumers are protected by municipal ordinances in cities such as Dallas, Austin, and San Antonio, which limit loan amounts and rollovers. Lenders must be licensed, and consumers can verify licenses through the Texas Finance Code.
Prohibited Practices
- Threats of criminal prosecution
- Wage garnishment
- False or misleading representation
- Fraudulent or deceptive conduct
- Advertising without registration
Required Disclosures
- Disclosure statement before contract
- Fee schedule posting
- APR comparison
- Consumer transaction information
- Notice of cancellation rights
Debt Collection Rules
- Wage garnishment for this debt: not permitted
- Criminal prosecution for non-payment: not permitted
- Lenders must comply with federal Fair Debt Collection Practices Act.
Complaint Agency: Office of Consumer Credit Commissioner
Verify Lender License: https://statutes.capitol.texas.gov/Docs/FI/htm/FI.393.htm
Rollover & Renewal Rules in Texas
Rollover policy for Texas: unknown. Before rolling over or renewing a payday loan, contact your lender to understand any additional fees and your total repayment obligation.
Federal Payday Loan Protections (All States)
| Federal Protection | What It Means | Who It Covers |
|---|---|---|
| CFPB Payday Rule | The CFPB issued a regulation adopting a two-strikes-and-you’re-out rule for covered lenders. Under that rule, after two tries to withdraw money from a borrower’s account have failed, covered lenders can’t try again unless the borrower specifically authorizes another attempt. | All states |
| Military Lending Act (MLA) | 36% MAPR cap. The Military Lending Act (MLA) limits the amount a creditor may charge, including interest, fees, and charges imposed for credit insurance, debt cancellation and suspension, and other credit-related ancillary products sold in connection with the transaction. The total charge, as expressed through an annualized rate referred to as the Military Annual Percentage Rate (MAPR), may not exceed 36 percent. | Active-duty service members |
| Electronic Fund Transfer Act (EFTA) | A lender cannot require you to repay by automatic bank (ACH) debit as a condition of getting the loan. You may choose another way to pay. | All states |
CFPB rule source: https://www.consumerfinance.gov/payday-rule/
Texas by the Numbers
Texas is home to 31,290,831 residents across 1,221 incorporated cities and towns.
Top metros: Houston (6,227,670), Dallas (5,968,320), and San Antonio (2,096,390).
Unemployment Rate in Texas
On average, 5.5% of Texas residents across the state's cities and towns are currently unemployed.
Source: U.S. Census Bureau & Bureau of Labor Statistics.
Median Household Income in Texas
The median household income across Texas cities and towns is $74,824.
Source: U.S. Census Bureau & Bureau of Labor Statistics.
Largest Cities in Texas
| City | Population |
|---|---|
| Houston | 6,227,670 |
| Dallas | 5,968,320 |
| San Antonio | 2,096,390 |
| Austin | 1,940,040 |
| Fort Worth | 963,194 |
Source: U.S. Census Bureau / uscities database.
FAQ: Payday Loan Questions for Texas Residents
Most traditional payday loans are single-payment loans rather than installment loans or revolving credit. You borrow a set amount, owe the full balance plus a fixed fee on the due date, and the account closes once it is paid. They do not work like a credit card, which is revolving, and they do not have the multi-month payment schedule of an installment loan. Some states require lenders to offer payday installment products or extended payment plans, so the structure can vary by location. The lender's loan agreement is the source of truth for how a specific loan is repaid.
You can apply online from a phone or computer, or visit a licensed storefront lender in your state. Some websites are matching services that pass your request to several lenders rather than lending themselves, so check whether you are dealing with the lender directly. Online options are widely available and tend to be quickest because the application, signing, and funding all happen electronically. Storefronts can offer cash on the spot in some states. Availability depends on where you live, since each state regulates payday lending differently and a few states do not allow it. Wherever you apply, work with a licensed lender and read the agreement carefully before accepting.
Online payday loans are widely available. You can complete the application from a phone or laptop, upload or e-sign documents, and have funds deposited to your bank account if you are approved, often by the next business day. Online lenders must still be licensed in your state, and the rules they follow are the same as in-store lenders. Read the loan agreement carefully before accepting, since the APR, fees, and repayment date are spelled out there. Submitting one request through 5 Star Payday Loans can show you online offers without filling out separate applications.
Many online and storefront lenders can fund a loan the same business day or the next business day if your application is approved and submitted early enough. Weekend funding depends on the lender and your bank, since ACH transfers usually do not settle on Saturdays, Sundays, or federal holidays. A few lenders offer instant transfer or debit-card funding that can move faster, occasionally with an extra fee. If timing is critical, ask the lender directly about cutoff times, weekend availability, and any expedited funding options before you accept the offer.
Unemployment income can qualify with some payday lenders if it is paid on a regular schedule and deposited into a bank account they can verify. Many lenders accept unemployment, disability, or other steady benefits in place of a traditional paycheck. Others want to see employment income specifically. Borrowing while unemployed deserves extra caution: if benefits are temporary and there is no clear plan to repay on the due date, the loan can quickly become harder to manage. Look closely at the repayment date and consider whether your next deposit will reasonably cover both the loan and your other bills.
Whether you can hold more than one payday loan at the same time depends on state law and the lender's own rules. Some states limit borrowers to one outstanding payday loan at a time and use a state database to enforce it. Others allow multiple loans but cap the total amount you can owe. Stacking payday loans tends to make repayment harder, not easier, because fees compound across each loan. If you are already carrying a payday loan and considering another, it is usually worth exploring a payment plan, consolidation, or credit counseling first.
Contact the lender as soon as you know there is a problem, ideally before the due date. Many states require lenders to offer an extended payment plan at no extra fee, and some lenders will work out a modified schedule even where it is not required. Ignoring the loan usually makes things worse: a missed ACH debit can trigger bank overdraft fees, late fees, and eventually collections. Avoid taking out a second payday loan to repay the first. If the situation is bigger than one loan, a nonprofit credit counselor can review your full picture and outline options.
A payday lender cannot garnish your wages on its own. Wage garnishment generally requires a court judgment, which means the lender must first sue, win, and then ask the court for a garnishment order. Federal and state laws also limit how much of your paycheck can be garnished and protect certain types of income, such as Social Security, from most private debt collection. If you have been served with a lawsuit or a garnishment notice, do not ignore it. Reading the paperwork carefully and getting legal advice can preserve options that disappear if you miss deadlines.
More Resources for Texas Residents
Explore 5 Star Payday Loans's full suite of short-term lending options: Payday Loans, Cash Advance Loans, Bad Credit Loans, Same Day Loans, or find a location near you in our Texas Locations Directory.


