reglab/housing_qa huggingface dataset:
TX Fin Code § 351.0021 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter A. General Provisions|Section 351.0021. Authorized Charges

Sec. 351.0021.  AUTHORIZED CHARGES.  (a)  The contract between a property tax lender and a property owner may require the property owner to pay the following costs after closing:(1)  a reasonable fee for filing the release of a tax lien authorized under Section 32.06(b), Tax Code;(2)  a reasonable fee for a payoff statement authorized under Section 32.06(f-3), Tax Code;(3)  a reasonable fee for providing information regarding the current balance owed by the property owner authorized under Section 32.06(g), Tax Code;(4)  reasonable and necessary attorney's fees, recording fees, and court costs for actions that are legally required to respond to a suit filed under Chapter 33, Tax Code, or to perform a foreclosure, including fees required to be paid to an official and fees for an attorney ad litem;(5)  to the extent permitted by the United States Bankruptcy Code, attorney's fees and court costs for services performed after the property owner files a voluntary bankruptcy petition;(6)  a reasonable fee for title examination and preparation of an abstract of title by an attorney, a title company, or a property search company authorized to do business in this state;(7)  a processing fee for insufficient funds, as authorized under Section 3.506, Business & Commerce Code;(8)  a fee for collateral protection insurance, as authorized under Chapter 307;(9)  a prepayment penalty, unless the lien transferred is on residential property owned and used by the property owner for personal, family, or household purposes;(10)  recording expenses incurred in connection with a modification necessary to preserve a borrower's ability to avoid a foreclosure proceeding; and(11)  fees for copies of transaction documents requested by the property owner.(b)  Notwithstanding Subsection (a)(11), a property tax lender shall provide a property owner:(1)  one free copy of the transaction documents at closing; and(2)  an additional free copy of the transaction documents on the property owner's request following closing.(c)  A property tax lender or any successor in interest may not charge:(1)  any fee, other than interest, after closing in connection with the transfer of a tax lien unless the fee is expressly authorized under this section; or(2)  any interest that is not expressly authorized under Section 32.06, Tax Code.(d)  Except for charges authorized under Subsections (a)(1), (2), (3), (9), and (11), any amount charged by a property tax lender after closing must be for services performed by a person that is not an employee of the property tax lender.(e)  The finance commission may adopt rules implementing and interpreting this section.|Added by Acts 2011, 82nd Leg., R.S., Ch. 622 (S.B. 762), Sec. 3, eff. September 1, 2011.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 206 (S.B. 247), Sec. 1, eff. May 29, 2013.|
TX Fin Code § 351.0022 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter A. General Provisions|Section 351.0022. Waiver Prohibited

Sec. 351.0022.  WAIVER PROHIBITED.  Except as specifically permitted by this chapter or Chapter 32, Tax Code, a property owner may not waive or limit a requirement imposed on a property tax lender by this chapter.|Added by Acts 2013, 83rd Leg., R.S., Ch. 206 (S.B. 247), Sec. 2, eff. May 29, 2013.|
TX Fin Code § 351.0023 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter A. General Provisions|Section 351.0023. Solicitation of Loans; Notice

Sec. 351.0023.  SOLICITATION OF LOANS; NOTICE.  (a)  A property tax lender who solicits property tax loans by mail, e-mail, or other print or electronic media shall include on the first page of all solicitation materials, in at least 12-point boldface type, a notice substantially similar to the following:  "YOUR TAX OFFICE MAY OFFER DELINQUENT TAX INSTALLMENT PLANS THAT MAY BE LESS COSTLY TO YOU.  YOU CAN REQUEST INFORMATION ABOUT THE AVAILABILITY OF THESE PLANS FROM THE TAX OFFICE."(b)  A property tax lender who solicits property tax loans by broadcast media, including a television or radio broadcast, shall state the following in the broadcast:  "YOUR TAX OFFICE MAY OFFER DELINQUENT TAX INSTALLMENT PLANS THAT MAY BE LESS COSTLY TO YOU.  YOU CAN REQUEST INFORMATION ABOUT THE AVAILABILITY OF THESE PLANS FROM THE TAX OFFICE."(c)  A property tax lender may not, in any manner, advertise or cause to be advertised a false, misleading, or deceptive statement or representation relating to a rate, term, or condition of a property tax loan.(d)  A property tax lender who refers to a rate or charge in an advertisement shall state the rate or charge fully and clearly.  If the rate or charge is a rate of finance charge, the advertisement must include the annual percentage rate and specifically refer to the rate as an "annual percentage rate."  The advertisement must state that the annual percentage rate may be increased after the contract is executed, if applicable.  The advertisement may not refer to any other rate, except that a simple annual rate that is applied to the unpaid balance of a property tax loan may be stated in conjunction with, but not more conspicuously than, the annual percentage rate.(e)  If an advertisement for a property tax loan includes the number of payments, period of repayment, amount of any payment, or amount of any finance charges, the advertisement must, in addition to any applicable requirements of Subsection (d), include:(1)  the terms of repayment, including the repayment obligations over the full term of the loan and any balloon payment;(2)  the annual percentage rate, and must refer to that rate as the annual percentage rate; and(3)  a statement that the lender may increase the annual percentage rate after the contract is executed, if applicable.(f)  The finance commission may adopt rules to implement and enforce this section.(g)  Notwithstanding Section 14.251, the commissioner may assess an administrative penalty under Subchapter F, Chapter 14, against a property tax lender who violates this section, regardless of whether the violation is knowing or wilful.|Added by Acts 2013, 83rd Leg., R.S., Ch. 206 (S.B. 247), Sec. 2, eff. May 29, 2013.|
TX Fin Code § 351.003 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter A. General Provisions|Section 351.003. Secondary Market Transactions

Sec. 351.003.  SECONDARY MARKET TRANSACTIONS.  (a)  Except as provided by Subsection (b), this chapter does not prohibit a property tax lender from receiving compensation from a party other than the property tax loan applicant for the sale, transfer, assignment, or release of rights on the closing of a property tax loan transaction.(b)  A person may not sell, transfer, assign, or release rights to a property tax loan to a person who is not licensed under Section 351.051 or exempt from the application of this chapter under Section 351.051(c).(c)  The finance commission shall adopt rules to implement this section.|Added by Acts 2007, 80th Leg., R.S., Ch. 1220 (H.B. 2138), Sec. 1, eff. September 1, 2007.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 206 (S.B. 247), Sec. 3, eff. May 29, 2013.|
TX Fin Code § 351.004 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter A. General Provisions|Section 351.004. Affiliated Business Arrangements

Sec. 351.004.  AFFILIATED BUSINESS ARRANGEMENTS.  A property tax lender may conduct business under this chapter in an office, office suite, room, or place of business in which any other business is conducted or in combination with any other business unless the commissioner:(1)  determines after a hearing that the conduct of the other business in that office, office suite, room, or place of business has concealed an evasion of this chapter; and(2)  orders the lender in writing to desist from the conduct of the other business in that office, office suite, room, or place of business.|Added by Acts 2007, 80th Leg., R.S., Ch. 1220 (H.B. 2138), Sec. 1, eff. September 1, 2007.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1382 (S.B. 1620), Sec. 1, eff. September 1, 2009.|
TX Fin Code § 351.005 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter A. General Provisions|Section 351.005. Application of Tax Code

Sec. 351.005.  APPLICATION OF TAX CODE.  This chapter does not affect the application of Section 32.06 or 32.065, Tax Code.|Added by Acts 2007, 80th Leg., R.S., Ch. 1220 (H.B. 2138), Sec. 1, eff. September 1, 2007.|
TX Fin Code § 351.006 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter A. General Provisions|Section 351.006. Enforcement

Sec. 351.006.  ENFORCEMENT. (a)  In addition to any other applicable enforcement provisions, Subchapters E, F, and G, Chapter 14, apply to a violation of this chapter or Section 32.06 or 32.065, Tax Code, in connection with property tax loans.(b)  Notwithstanding Section 14.251, the commissioner may assess an administrative penalty under Subchapter F, Chapter 14, against a person who violates Section 32.06(b-1), Tax Code, regardless of whether the violation is knowing or wilful.|Added by Acts 2007, 80th Leg., R.S., Ch. 1220 (H.B. 2138), Sec. 1, eff. September 1, 2007.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 622 (S.B. 762), Sec. 4, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1182 (H.B. 3453), Sec. 11, eff. September 1, 2011.|
TX Fin Code § 351.007 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter A. General Provisions|Section 351.007. Rules

Sec. 351.007.  RULES.  The finance commission may adopt rules to ensure compliance with this chapter and Sections 32.06 and 32.065, Tax Code.|Added by Acts 2007, 80th Leg., R.S., Ch. 1220 (H.B. 2138), Sec. 1, eff. September 1, 2007.|
TX Fin Code § 351.008 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter A. General Provisions|Section 351.008. Examination of Lenders; Access to Records

Sec. 351.008.  EXAMINATION OF LENDERS; ACCESS TO RECORDS.  (a)  The commissioner or the commissioner's representative shall, at the times the commissioner or the representative considers necessary:(1)  examine each place of business of each property tax lender; and(2)  investigate the lender's transactions, including loans, and records, including books, accounts, papers, and correspondence, to the extent the transactions and records pertain to the business regulated under this chapter and Sections 32.06 and 32.065, Tax Code.(b)  The property tax lender shall:(1)  give the commissioner or the commissioner's representative free access to the lender's office, place of business, files, safes, and vaults; and(2)  allow the commissioner or the representative to make a copy of an item that may be investigated under Subsection (a)(2).(c)  During an examination, the commissioner or the commissioner's representative may administer oaths and examine any person under oath on any subject pertinent to a matter that the commissioner or the representative is authorized or required to consider, investigate, or secure information about under this chapter or Section 32.06 or 32.065, Tax Code.(d)  Information obtained under this section is confidential.(e)  A property tax lender's violation of Subsection (b) is a ground for the suspension or revocation of the lender's license.|Added by Acts 2009, 81st Leg., R.S., Ch. 1382 (S.B. 1620), Sec. 2, eff. September 1, 2009.|
TX Fin Code § 351.009 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter A. General Provisions|Section 351.009. General Investigation

Sec. 351.009.  GENERAL INVESTIGATION.  (a)  To discover a violation of this chapter or Section 32.06 or 32.065, Tax Code, or to obtain information required under this chapter or Section 32.06 or 32.065, Tax Code, the commissioner or the commissioner's representative may investigate the records, including books, accounts, papers, and correspondence, of a person, including a property tax lender, who the commissioner or the representative has reasonable cause to believe is violating this chapter or Section 32.06 or 32.065, Tax Code, regardless of whether the person claims to not be subject to this chapter or Section 32.06 or 32.065, Tax Code.(b)  For the purposes of this section, a person who advertises, solicits, or otherwise represents that the person is willing to make a property tax loan is presumed to be engaged in the business described by Section 351.051.|Added by Acts 2009, 81st Leg., R.S., Ch. 1382 (S.B. 1620), Sec. 2, eff. September 1, 2009.|
TX Fin Code § 351.010 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter A. General Provisions|Section 351.010. Refusal to Allow Examination or Inspection

Sec. 351.010.  REFUSAL TO ALLOW EXAMINATION OR INSPECTION.  A property tax lender who fails or refuses to permit an examination or investigation authorized by this subchapter violates this chapter.  The failure or refusal is grounds for the suspension or revocation of the lender's license.|Added by Acts 2009, 81st Leg., R.S., Ch. 1382 (S.B. 1620), Sec. 2, eff. September 1, 2009.|
TX Fin Code § 351.011 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter A. General Provisions|Section 351.011. Verification of Net Assets

Sec. 351.011.  VERIFICATION OF NET ASSETS.  If the commissioner questions the amount of a property tax lender's net assets, the commissioner may require certification by an independent certified public accountant that:(1)  the accountant has reviewed the property tax lender's books, other records, and transactions during the reporting year;(2)  the books and other records are maintained using generally accepted accounting principles; and(3)  the property tax lender meets the net assets requirement of Section 351.153.|Added by Acts 2009, 81st Leg., R.S., Ch. 1382 (S.B. 1620), Sec. 2, eff. September 1, 2009.|
TX Fin Code § 351.012 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter A. General Provisions|Section 351.012. Applicability of Chapter

Sec. 351.012.  APPLICABILITY OF CHAPTER.  This chapter applies to a property tax loan that is extended to a person for payment of property taxes on real property located in this state.|Added by Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 42, eff. September 1, 2019.|
TX Fin Code § 351.051 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter B. Authorized Activities; License|Section 351.051. License Required

Sec. 351.051.  LICENSE REQUIRED.  (a)  A person must hold a license issued under this chapter to:(1)  engage in the business of making, transacting, or negotiating property tax loans; or(2)  contract for, charge, or receive, directly or indirectly, in connection with a property tax loan subject to this chapter, a charge, including interest, compensation, consideration, or another expense, authorized under this chapter or Chapter 32, Tax Code.(b)  A person may not use any device, subterfuge, or pretense to evade the application of this section.(c)  Except as provided by Section 351.003, this chapter does not apply to:(1)  any of the following entities or an employee of any of the following entities, if the employee is acting for the benefit of the employer:(A)  a bank, savings bank, or savings and loan association, or a subsidiary or an affiliate of a bank, savings bank, or savings and loan association; or(B)  a state or federal credit union, or a subsidiary, affiliate, or credit union service organization of a state or federal credit union; or(2)  an individual who:(A)  is related to the property owner within the second degree of consanguinity or affinity, as determined under Chapter 573, Government Code; or(B)  makes five or fewer property tax loans in any consecutive 12-month period from the individual's own funds.(d)  A property tax lender licensed under this chapter is not required to be licensed under Chapter 156 or any other provision of this code.|Added by Acts 2007, 80th Leg., R.S., Ch. 1220 (H.B. 2138), Sec. 1, eff. September 1, 2007.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 622 (S.B. 762), Sec. 5, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 206 (S.B. 247), Sec. 4, eff. May 29, 2013.|
TX Fin Code § 351.0515 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter B. Authorized Activities; License|Section 351.0515. Residential Mortgage Loan Originator License Required

Sec. 351.0515.  RESIDENTIAL MORTGAGE LOAN ORIGINATOR LICENSE REQUIRED.  (a)  In this section, "Nationwide Mortgage Licensing System and Registry" and "residential mortgage loan originator" have the meanings assigned by Section 180.002.(b)  Unless exempt under Section 180.003, or acting under the temporary authority described under Section 180.0511, an individual who acts as a residential mortgage loan originator in the making, transacting, or negotiating of a property tax loan for a principal dwelling must:(1)  be individually licensed to engage in that activity under this chapter;(2)  be enrolled with the Nationwide Mortgage Licensing System and Registry as required by Section 180.052; and(3)  comply with other applicable requirements of Chapter 180 and rules adopted under that chapter.(c)  Subject to Section 14.112, the finance commission shall adopt rules establishing procedures for issuing, renewing, and enforcing an individual license under this section. In adopting rules under this subsection, the finance commission shall ensure that:(1)  the minimum eligibility requirements for issuance of an individual license are the same as the requirements of Section 180.055;(2)  the minimum eligibility requirements for renewal of an individual license are the same as the requirements of Section 180.059; and(3)  the applicant pays:(A)  an investigation fee in a reasonable amount determined by the commissioner; and(B)  a license fee in an amount determined as provided by Section 14.107.(d)  The finance commission may adopt rules under this chapter as required to carry out the intentions of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Pub. L. No. 110-289).|Added by Acts 2009, 81st Leg., R.S., Ch. 1104 (H.B. 10), Sec. 17, eff. June 19, 2009.Amended by: Acts 2019, 86th Leg., R.S., Ch. 695 (S.B. 2330), Sec. 7, eff. November 24, 2019.Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 43, eff. September 1, 2019.|
TX Fin Code § 351.052 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter B. Authorized Activities; License|Section 351.052. Issuance of More Than One License for Property Tax Lender

Sec. 351.052.  ISSUANCE OF MORE THAN ONE LICENSE FOR PROPERTY TAX LENDER.  (a)  The commissioner may issue more than one license to a property tax lender on compliance with this chapter for each license.(b)  A person who is required to hold a license under this chapter must hold a separate license for each office at which property tax loans are made, negotiated, serviced, held, or collected under this chapter.(c)  A license is not required under this chapter for a place of business:(1)  devoted to accounting or other recordkeeping;  and(2)  at which property tax loans are not made, negotiated, serviced, held, or collected under this chapter.|Added by Acts 2007, 80th Leg., R.S., Ch. 1220 (H.B. 2138), Sec. 1, eff. September 1, 2007.|
TX Fin Code § 351.053 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter B. Authorized Activities; License|Section 351.053. Area of Business; Property Tax Loans by Mail or Online

Sec. 351.053.  AREA OF BUSINESS; PROPERTY TAX LOANS BY MAIL OR ONLINE.  (a)  A property tax lender is not limited to making property tax loans to residents of the community in which the office for which the license or other authority is granted is located.(b)  A property tax lender may make, negotiate, arrange, and collect property tax loans by mail or online from a licensed office.|Added by Acts 2007, 80th Leg., R.S., Ch. 1220 (H.B. 2138), Sec. 1, eff. September 1, 2007.Amended by: Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 44, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 45, eff. September 1, 2019.|
TX Fin Code § 351.054 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter B. Authorized Activities; License|Section 351.054. Notice to Taxing Unit

Sec. 351.054.  NOTICE TO TAXING UNIT.  (a)  A transferee of a tax lien must include with the sworn document executed by the borrower and filed with the collector of a taxing unit under Section 32.06(a-1), Tax Code, the information required by this section.(b)  If the transferee is licensed under this chapter, the transferee shall include with the filing the licensee's license number assigned by the commissioner.(c)  If the transferee is exempt from this chapter under Section 351.051(c)(1), the transferee shall include with the filing an affidavit stating the entity's type of organization that qualifies it for the exemption, any charter number assigned by the governmental authority that issued the entity's charter, and the address of the entity's main office.(d)  If the transferee is exempt from this chapter under Section 351.051(c)(2), the transferee shall include a certificate issued by the commissioner indicating the entity's exemption.  The commissioner shall establish procedures for issuance of a certificate under this subsection, application requirements, and requirements regarding information that must be submitted with an application.|Added by Acts 2007, 80th Leg., R.S., Ch. 1220 (H.B. 2138), Sec. 1, eff. September 1, 2007.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 206 (S.B. 247), Sec. 5, eff. May 29, 2013.|