THE BUSINESS OF LENDING NOVEMBER 4, 2026

TEXAS JUST FIRED ABBOTT.
IS YOUR LENDING BUSINESS NEXT?

A new governor. A new lieutenant governor. A new attorney general. And a very expensive question for Texas payday, title, CAB and installment lenders.

Texas lenders didn't wake up to a new lending law this morning.

They woke up to a new political reality.

And if you're in the business of lending money to the masses, you'd better understand the difference.

Tuesday's election delivered something Texas Republicans hadn't experienced in more than three decades.

A Democrat won the governor's mansion.

Gina Hinojosa defeated Greg Abbott.

Vikki Goodwin defeated Dan Patrick for lieutenant governor.

Nathan Johnson won the attorney general's race.

And James Talarico defeated Ken Paxton in the U.S. Senate race.

Four significant changes in the Texas political landscape.

And for payday, car title, CAB and installment lenders, they raise a very simple question.

What happens to your lending business if lawmakers decide you're charging too much on a $500 loan?

Before anybody panics, let's establish something important.

The election did not impose a 36% rate cap.

It did not outlaw payday lending.

It did not eliminate Credit Access Businesses.

It did not revoke anyone's license.

And it did not rewrite existing consumer loan agreements.

What changed is the political leadership that can influence legislation, regulatory appointments, and enforcement priorities.

That matters.

A lot.

1. FORGET THE POLITICS. LET'S TALK MONEY.

Consider a hypothetical $500 loan due in 30 days.

Assume that transaction generates $125 in total finance-related charges.

Those charges annualize to approximately 304% on a simple 365-day basis.

Now imagine lawmakers propose a comprehensive 36% annualized all-in charge ceiling.

Not a new Texas law. A hypothetical scenario.

Here's what happens.

THE $500 LOAN TEST

Principal advanced $500.00
Illustrative current charges $125.00
Charges at hypothetical 36% $14.79
Difference per loan $110.21
88% LESS GROSS CHARGE REVENUE
Illustrative simple-interest annualization. Actual APR calculations, CAB service fees, and treatment under proposed legislation depend on the transaction structure and statutory language.

Multiply $110.21 by 10,000 comparable transactions.

Approximately $1.1 million in gross transaction charges disappears.

Before payroll.

Before rent.

Before customer acquisition.

Before processing.

Before servicing.

And before the first borrower defaults.

That's not profit. It's gross charge revenue.

But if nearly 90% of the charges disappear while your operating expenses remain, you've got a serious problem.

A $500 loan doesn't magically become profitable because somebody in Austin thinks $15 is a reasonable price.

Maybe your actual cost of originating, servicing and collecting that loan is $45.

Maybe it's $90.

Maybe it's considerably more.

Those figures are examples, not industry averages.

What matters is your actual number.

And if you can't prove it, somebody else may end up defining the economics of your business.

2. WHAT THE ELECTION ACTUALLY CHANGED

Office Winner Why lenders care
Governor Gina Hinojosa Appointments, legislative priorities, and veto authority.
Lieutenant Governor Vikki Goodwin Senate procedures, committee organization, and bill handling.
Attorney General Nathan Johnson Consumer-protection enforcement and litigation priorities.
U.S. Senate James Talarico Federal consumer-credit policy and congressional oversight.

These offices have different powers.

A governor doesn't personally rewrite loan pricing statutes.

An attorney general doesn't need new legislation to enforce existing consumer-protection laws.

And a lieutenant governor can't manufacture the votes necessary to pass legislation.

3. WATCH THE LIEUTENANT GOVERNOR. CLOSELY.

Most national political commentary will focus on Abbott's defeat.

I'm paying just as much attention to Vikki Goodwin.

Why?

Because the Texas lieutenant governor traditionally has substantial influence over the Senate's legislative process.

Committees.

Bill referrals.

Legislative priorities.

Scheduling.

Those things matter when lawmakers introduce bills addressing CAB fees, car title lending, refinancing, disclosures, or collections.

But there's a catch.

Republicans are expected to retain significant legislative influence.

And the Senate adopts its own procedural rules.

Those rules could limit some of Goodwin's traditional authority.

Her election doesn't guarantee that payday lending legislation passes in 2027.

It means lenders need to watch how the Senate organizes itself.

Watch the actual committee appointments, bill referrals, hearings, and votes.

Not political speeches.

4. THE NEW ATTORNEY GENERAL DOESN'T NEED A NEW LAW TO MAKE YOUR LIFE EXPENSIVE.

Nathan Johnson's election could affect compliance and enforcement priorities.

The attorney general's office already possesses consumer-protection enforcement authority.

A change in leadership may change how aggressively that authority is used.

If I operated a Texas lending company today, I'd start reviewing these areas:

  • Advertising promises that don't match actual loan terms or delivery.
  • Lead-generation handoffs that confuse borrowers about the lender.
  • Fee disclosures that aren't clear or accurate.
  • Collection practices generating avoidable consumer complaints.
  • Third-party vendors accessing sensitive borrower information.
  • Poor complaint handling and inconsistent escalation procedures.

No new law is necessary for existing rules to be enforced.

And an investigation can get expensive long before anyone establishes wrongdoing.

I'm not claiming Johnson has announced a campaign against payday lenders.

I haven't seen verified evidence supporting that specific conclusion.

But an operator with weak compliance controls shouldn't need a warning from Austin to clean up his shop.

5. THE GOVERNOR'S APPOINTMENTS COULD MATTER FOR YEARS.

The Texas governor appoints members of the Finance Commission of Texas, subject to Senate confirmation.

The commission plays an important role in the regulatory framework affecting the Office of Consumer Credit Commissioner.

But commission appointments are staggered.

The new governor can't replace every commissioner on inauguration day.

Regulatory philosophy may evolve over several years as appointments change.

The enforcement environment could change faster than the composition of the commission.

That's why I'd separate planning into two categories.

  • Near-term: Existing-law compliance, enforcement priorities, agency announcements, and legislative filings.
  • Longer-term: Appointments, rulemaking, statutory changes, and possible restructuring of CAB or title-lending economics.

6. NOVEMBER 5 IS REAL. A NEW 36% CAP IS NOT.

Texas' adopted Credit Access Business licensing and recordkeeping rule changes take effect November 5, 2026.

Those changes were developed before Tuesday's election.

They address matters including licensing administration, records, notifications, and information-security requirements.

If you operate a Texas CAB, review the final adopted rules and confirm your responsibilities with your compliance team or Texas counsel.

A campaign statement isn't law.

A proposed bill isn't law.

A committee hearing isn't law.

But an adopted rule with an effective date is something you must address.

Don't get so distracted by next year's political battles that you miss tomorrow's compliance obligations.

7. TEXAS CABs AND CHAPTER 342 INSTALLMENT LENDERS ARE NOT THE SAME BUSINESS.

This is where too many industry commentators get lazy.

They lump payday loans, title loans, CABs and installment loans into one category.

Then they discuss a proposed rate cap as if the impact would be identical across every business model.

That's nonsense.

A Texas CAB arrangement has a different legal structure from a regulated Chapter 342 installment loan.

Title-secured lending also introduces collateral and repossession considerations.

Some proposals might restrict CAB service fees.

Others might address refinancing, disclosures, collections, collateral, or broader consumer-loan pricing.

Read the actual statutory language.

Identify which transaction structures are affected.

Then calculate the impact.

Everything else is guessing.

8. WHAT I'D DO IF I OWNED 20 TEXAS LOAN STORES TODAY.

I wouldn't schedule an emergency meeting to complain about Democrats.

I'd get my CFO, operations manager, risk manager, and compliance officer in the same room.

Then I'd give them five assignments.

  1. Stress-test fee revenue. Model 10%, 20%, and 35% reductions in gross fee revenue. Calculate contribution margin, EBITDA, and store-level break-even.
  2. Know your actual cost per funded loan. Include acquisition, payroll, processing, fraud, servicing, first-payment defaults, collections, and net charge-offs.
  3. Separate new borrowers from repeat borrowers. Measure acquisition expense, loss rates, average loan size, repayment performance, and lifetime profitability separately. Blended averages hide problems.
  4. Audit existing compliance exposure. Review CAB agreements, third-party lender relationships, lead generation, advertising, disclosures, complaints, collections, and security.
  5. Put the 2027 Legislature on a weekly watchlist. Track actual bills, committee assignments, hearings, amendments, votes, OCCC updates, and attorney-general actions.

THE QUESTION YOUR CFO SHOULD ANSWER THIS WEEK

How much gross fee revenue can we lose before the average store stops generating positive contribution margin?

If you can't answer that question, you don't fully understand your regulatory exposure.

9. WHAT SHOULD TEXAS LENDERS TELL LAWMAKERS?

Here's where I'd challenge the industry itself.

Saying consumers need access to credit isn't enough.

They do.

But policymakers will also ask whether borrowers are better off after using our products.

That's a legitimate question.

And the industry needs a legitimate answer.

Bring actual numbers.

Origination costs.

Fraud losses.

First-payment defaults.

Net charge-offs.

Collection expenses.

Repeat-borrower performance.

The economics of serving borrowers rejected by traditional banks.

And what happens to credit availability if proposed loan pricing can't support the actual costs.

If you want to defend your business model, defend it with numbers.

A politician with a compelling story can beat a lender with a lousy spreadsheet.

A credible argument about credit access doesn't excuse deceptive practices.

And legitimate consumer protection doesn't eliminate the need for economically viable emergency credit.

Both realities matter.

10. MY BOTTOM LINE.

Texas isn't California.

And one election doesn't automatically turn it into California.

But the political environment Texas lenders relied upon for years has changed.

Maybe the Legislature leaves the existing CAB fee structure largely intact.

Maybe a comprehensive rate-cap bill gets introduced and never leaves committee.

Maybe lawmakers negotiate narrower restrictions on refinancing, disclosures, or collections.

Or maybe the biggest near-term impact comes from enforcement.

Nobody knows yet.

And nobody should pretend otherwise.

But here's what we do know.

An operator who understands his real unit economics, maintains sound compliance, and has enough financial flexibility to adapt has options.

An operator who only knows Texas has historically been friendly to lending has hope.

And hope is a lousy business strategy.

Your competitors are going to spend the next few weeks arguing about politics.

I'd spend the time running the numbers.

Because when the rules change, the operator who knows his numbers has a fighting chance.

The operator who doesn't?

He's hoping Austin leaves him alone.

And hope has never been a particularly reliable underwriting policy.

Jer Ayles
The Business of Lending
Lending Money to the Masses
TheBusinessOfLending.com

NEED AN OPERATOR'S PERSPECTIVE?

TEXAS LENDING JUST GOT MORE COMPLICATED.

I've spent more than two decades working in the business of lending money to the masses.

Storefront lending. Underwriting. Credit losses. CAB structures. Growth and operations.

If you want practical answers about the mechanics of this business, start with Jer's Brain.

ASK JER'S BRAIN

Sources and Further Reading

Editorial and Legal Notice

Published November 4, 2026. Election outcomes are based on reported results and remain subject to certification. Potential future rate caps, fee restrictions, and regulatory changes discussed here are hypothetical scenarios, not newly enacted Texas legislation. Financial illustrations are hypothetical and do not represent a particular lender's pricing, expenses, or profitability. This article is industry commentary, not legal or financial advice. Operators should consult qualified Texas regulatory counsel regarding their specific business models and obligations.