reglab/housing_qa huggingface dataset:
TX Fin Code § 352.003 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 352 - Tax Refund Anticipation Loans|Section 352.003. Registration of Facilitators

Sec. 352.003.  REGISTRATION OF FACILITATORS.  (a)  To register as a facilitator, a person must provide to the commissioner:(1)  a list of each location in this state at which e-file providers authorized by the Internal Revenue Service file tax returns on behalf of borrowers for whom the facilitator acts to allow the making of a refund anticipation loan; and(2)  a processing fee for each location included on the list furnished under Subdivision (1).(a-1)  A registration issued under this section is valid for the period prescribed by finance commission rule adopted under Section 14.112.(b)  The commissioner shall prescribe the processing fee in an amount necessary to cover the costs of administering this section.(c)  The finance commission by rule shall establish a deadline for the submission of the information and fee required by Subsection (a) for initial issuance and renewal of registrations under this section.(c-1)  After the applicable deadline for initial or renewal registrations, a facilitator may amend the registration required under Subsection (a) to reflect any change in the information provided by the registration.(d)  The commissioner shall make available to the public a list of facilitators registered under this section.(e)  The commissioner may prescribe the registration form.(f)  The commissioner may refuse to renew the registration of a person who fails to comply with an order issued by the commissioner to enforce this chapter.|Added by Acts 2007, 80th Leg., R.S., Ch. 135 (H.B. 1344), Sec. 1, eff. September 1, 2007.Renumbered from Finance Code, Section 351.003 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(17), eff. September 1, 2009.Amended by: Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 53, eff. September 1, 2019.|
TX Fin Code § 352.005 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 352 - Tax Refund Anticipation Loans|Section 352.005. Investigation by Commissioner

Sec. 352.005.  INVESTIGATION BY COMMISSIONER.  The commissioner shall:(1)  monitor the operations of a facilitator to ensure compliance with this chapter; and(2)  receive and investigate complaints against a facilitator or a person acting as a facilitator.|Added by Acts 2007, 80th Leg., R.S., Ch. 135 (H.B. 1344), Sec. 1, eff. September 1, 2007.Renumbered from Finance Code, Section 351.005 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(17), eff. September 1, 2009.|
TX Fin Code § 352.006 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 352 - Tax Refund Anticipation Loans|Section 352.006. Revocation of Registration

Sec. 352.006.  REVOCATION OF REGISTRATION.  (a)  The commissioner may revoke the registration of a facilitator if the commissioner concludes that the facilitator has violated this chapter.  The commissioner shall recite the basis of the decision in an order revoking the registration.(b)  If the commissioner proposes to revoke a registration, the facilitator is entitled to notice and an opportunity for a hearing before the commissioner or a hearings officer, who shall propose a decision to the commissioner. The commissioner or hearings officer shall prescribe the time and place of the hearing if the facilitator makes a written request for a hearing not later than the 20th day after the date the facilitator receives the notice of the proposed revocation. The hearing is governed by Chapter 2001, Government Code.(c)  A facilitator aggrieved by a ruling, order, or decision of the commissioner is entitled to appeal to a district court in the county in which the hearing was held.  An appeal under this subsection is governed by Chapter 2001, Government Code.|Added by Acts 2007, 80th Leg., R.S., Ch. 135 (H.B. 1344), Sec. 1, eff. September 1, 2007.Renumbered from Finance Code, Section 351.006 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(17), eff. September 1, 2009.Amended by: Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 54, eff. September 1, 2019.|
TX Fin Code § 352.007 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 352 - Tax Refund Anticipation Loans|Section 352.007. Administrative Penalty

Sec. 352.007.  ADMINISTRATIVE PENALTY.  The commissioner may assess an administrative penalty of $500 against a person for each knowing and wilful violation of this chapter.|Added by Acts 2007, 80th Leg., R.S., Ch. 135 (H.B. 1344), Sec. 1, eff. September 1, 2007.Renumbered from Finance Code, Section 351.007 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(17), eff. September 1, 2009.|
TX Fin Code § 352.008 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 352 - Tax Refund Anticipation Loans|Section 352.008. Preemption of Local Ordinance

Sec. 352.008.  PREEMPTION OF LOCAL ORDINANCE.  This chapter preempts a local ordinance or rule regulating refund anticipation loans.|Added by Acts 2007, 80th Leg., R.S., Ch. 135 (H.B. 1344), Sec. 1, eff. September 1, 2007.Renumbered from Finance Code, Section 351.008 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(17), eff. September 1, 2009.|
TX Fin Code § 352.009 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 352 - Tax Refund Anticipation Loans|Section 352.009. Applicability of Chapter

Sec. 352.009.  APPLICABILITY OF CHAPTER.  This chapter applies to a refund anticipation loan that is extended to a person who is located in this state at the time the loan is made.|Added by Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 55, eff. September 1, 2019.|
TX Fin Code § 354.001 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 354 - Debt Cancellation Agreements for Certain Retail Vehicle Installment Sales|Section 354.001. Definitions

Sec. 354.001.  DEFINITIONS.  In this chapter:(1)  "Contract" means a retail installment contract made under Chapter 345 or 348.(2)  "Covered vehicle" includes a self-propelled or towed vehicle designed for personal use, including an automobile, truck, motorcycle, recreational vehicle, all-terrain vehicle, snowmobile, camper, boat, personal watercraft, and personal watercraft trailer.(3)  "Debt cancellation agreement" means a contract term or a contractual arrangement modifying a contract term under which a retail seller or holder agrees to cancel all or part of an obligation of the retail buyer to repay an extension of credit from the retail seller or holder on the occurrence of the total loss or theft of the covered vehicle that is the subject of the contract but does not include an offer to pay a specified amount on the total loss or theft of the covered vehicle.(4)  "Holder" means a person who is:(A)  a retail seller; or(B)  the assignee or transferee of a contract.(5)  "Retail buyer" means a person who purchases or agrees to purchase a covered vehicle from a retail seller in a retail installment transaction.(6)  "Retail seller" means a person in the business of selling covered vehicles to retail buyers in retail installment transactions.|Redesignated and amended from Finance Code, Subchapter G, Chapter 348 by Acts 2017, 85th Leg., R.S., Ch. 183 (S.B. 1052), Sec. 6, eff. September 1, 2017.|
TX Fin Code § 354.002 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 354 - Debt Cancellation Agreements for Certain Retail Vehicle Installment Sales|Section 354.002. Limitation on Certain Debt Cancellation Agreements

Sec. 354.002.  LIMITATION ON CERTAIN DEBT CANCELLATION AGREEMENTS.  (a)  This chapter applies only to a debt cancellation agreement that includes insurance coverage as part of the retail buyer's responsibility to the holder.(b)  The amount charged for a debt cancellation agreement made in connection with a contract may not exceed five percent of the amount financed pursuant to the contract.  Section 348.124(c) does not apply to a debt cancellation agreement regulated under this chapter.(c)  The debt cancellation agreement becomes a part of or a separate addendum to the contract and remains a term of the contract on the assignment, sale, or transfer by the holder.(d)  A debt cancellation agreement to which this chapter applies is not insurance.|Redesignated and amended from Finance Code, Subchapter G, Chapter 348 by Acts 2017, 85th Leg., R.S., Ch. 183 (S.B. 1052), Sec. 6, eff. September 1, 2017.|
TX Fin Code § 354.003 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 354 - Debt Cancellation Agreements for Certain Retail Vehicle Installment Sales|Section 354.003. Debt Cancellation Agreements Exclusion Language

Sec. 354.003.  DEBT CANCELLATION AGREEMENTS EXCLUSION LANGUAGE.  (a)  In addition to the provisions required by Section 354.004, a debt cancellation agreement must fully disclose all provisions permitting the exclusion of loss or damage including, if applicable:(1)  an act occurring after the original maturity date or date of the holder's acceleration of the contract;(2)  any dishonest, fraudulent, illegal, or intentional act of any authorized driver that directly results in the total loss of the covered vehicle;(3)  any act of gross negligence by an authorized driver that directly results in the total loss of the covered vehicle;(4)  conversion, embezzlement, or concealment by any person in lawful possession of the covered vehicle;(5)  lawful confiscation by an authorized public official;(6)  the operation, use, or maintenance of the covered vehicle in any race or speed contest;(7)  war, whether or not declared, invasion, insurrection, rebellion, revolution, or an act of terrorism;(8)  normal wear and tear, freezing, or mechanical or electrical breakdown or failure;(9)  use of the covered vehicle for primarily commercial purposes;(10)  damage that occurs after the covered vehicle has been repossessed;(11)  damage to the covered vehicle before the purchase of the debt cancellation agreement;(12)  unpaid insurance premiums and salvage, towing, and storage charges relating to the covered vehicle;(13)  damage related to any personal property attached to or within the covered vehicle;(14)  damages associated with falsification of documents by any person not associated with the retail seller or other person canceling the retail buyer's obligation;(15)  any unpaid debt resulting from exclusions in the retail buyer's primary physical damage coverage not included in the debt cancellation agreement;(16)  abandonment of the covered vehicle by the retail buyer only if the retail buyer voluntarily discards, leaves behind, or otherwise relinquishes possession of the covered vehicle to the extent that the relinquishment shows intent to forsake and desert the covered vehicle so that the covered vehicle may be appropriated by any other person;(17)  any amounts deducted from the primary insurance carrier's settlement due to prior damages; and(18)  any loss occurring outside the United States or outside the United States and Canada.(b)  An exclusion of loss or damage not listed in Subsection (a) may be included in a debt cancellation agreement only if the exclusion is disclosed in plain, easy to read language.|Redesignated and amended from Finance Code, Subchapter G, Chapter 348 by Acts 2017, 85th Leg., R.S., Ch. 183 (S.B. 1052), Sec. 6, eff. September 1, 2017.|
TX Fin Code § 354.005 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 354 - Debt Cancellation Agreements for Certain Retail Vehicle Installment Sales|Section 354.005. Approval of Forms for Debt Cancellation Agreements

Sec. 354.005.  APPROVAL OF FORMS FOR DEBT CANCELLATION AGREEMENTS.  (a)  Debt cancellation agreement forms must be submitted to the commissioner for approval.  Debt cancellation agreement forms may include additional language to supplement the terms of the debt cancellation agreement as required by this chapter.(b)  If a debt cancellation agreement form is provided to the commissioner for approval, the commissioner has 45 days to approve the form or deny approval of the form.  On the written request of the person submitting the form, the commissioner may agree in writing to extend the approval period for an additional 45 days.  If after the 45th day, or the 90th day if the commissioner agrees to an extension, the commissioner does not deny the form, the form is considered approved.(c)  If the debt cancellation agreement form is approved by the commissioner or considered approved as provided by Subsection (b), the terms of the debt cancellation agreement are considered to be in compliance with this chapter.(d)  The commissioner may deny approval of a form only if the form excludes the language required by Sections 354.003 and 354.004 or contains any inconsistent or misleading provisions.  All form denials, after an opportunity for a hearing under Chapter 2001, Government Code, may be appealed to a district court in accordance with that chapter.(e)  If after approval of a form the Office of Consumer Credit Commissioner discovers that approval could have been denied under Subsection (d), the commissioner may order a retail seller, any administrator of the debt cancellation agreement, or a holder to submit a corrected form for approval.  Beginning as soon as reasonably practicable after approval of the corrected form, the retail seller, administrator, or holder shall use the corrected form for all sales.(f)  A debt cancellation agreement form that has been approved by the commissioner is public information subject to disclosure under Chapter 552, Government Code.  Section 552.110, Government Code, does not apply to a form approved under this chapter.|Redesignated and amended from Finance Code, Subchapter G, Chapter 348 by Acts 2017, 85th Leg., R.S., Ch. 183 (S.B. 1052), Sec. 6, eff. September 1, 2017.Amended by: Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 62, eff. September 1, 2019.|
TX Fin Code § 354.006 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 354 - Debt Cancellation Agreements for Certain Retail Vehicle Installment Sales|Section 354.006. Additional Requirements for Debt Cancellation Agreements

Sec. 354.006.  ADDITIONAL REQUIREMENTS FOR DEBT CANCELLATION AGREEMENTS.  (a)  If a retail buyer purchases a debt cancellation agreement, the retail seller must provide to the retail buyer a true and correct copy of the agreement not later than the 10th day after the date of the contract.(b)  A holder must comply with the terms of a debt cancellation agreement not later than the 60th day after the date of receipt of all necessary information required by the holder or administrator of the agreement to process the request.(c)  A debt cancellation agreement may not knowingly be offered by a retail seller if:(1)  the contract is already protected by gap insurance; or(2)  the purchase of the debt cancellation agreement is required for the retail buyer to obtain the extension of credit.(d)  This section does not apply to a debt cancellation agreement offered in connection with the purchase of a commercial vehicle.(e)  The sale of a debt cancellation agreement must be for a single payment.(f)  A holder that offers a debt cancellation agreement must report the sale of and forward money received on all such agreements to any designated party as prescribed in any applicable administrative services agreement, contractual liability policy, other insurance policy, or other specified program documents.(g)  Money received or held by a holder or any administrator of a debt cancellation agreement and belonging to an insurance company, holder, or administrator under the terms of a written agreement must be held by the holder or administrator in a fiduciary capacity.(h)  A retail seller that negotiates a debt cancellation agreement and subsequently assigns the contract shall:(1)  maintain documents relating to the agreement that come into the retail seller's possession; and(2)  on request of the Office of Consumer Credit Commissioner, cooperate in requesting and obtaining access to documents relating to the agreement not in the retail seller's possession.|Redesignated and amended from Finance Code, Subchapter G, Chapter 348 by Acts 2017, 85th Leg., R.S., Ch. 183 (S.B. 1052), Sec. 6, eff. September 1, 2017.|
TX Fin Code § 392.001 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 392 - Debt Collection|Subchapter A. General Provisions|Section 392.001. Definitions

Sec. 392.001.  DEFINITIONS.  In this chapter:(1)  "Consumer" means an individual who has a consumer debt.(2)  "Consumer debt" means an obligation, or an alleged obligation, primarily for personal, family, or household purposes and arising from a transaction or alleged transaction.(3)  "Creditor" means a party, other than a consumer, to a transaction or alleged transaction involving one or more consumers.(4)  "Credit bureau" means a person who, for compensation, gathers, records, and disseminates information relating to the creditworthiness, financial responsibility, and paying habits of, and similar information regarding, a person for the purpose of furnishing that information to another person.(5)  "Debt collection" means an action, conduct, or practice in collecting, or in soliciting for collection, consumer debts that are due or alleged to be due a creditor.(6)  "Debt collector" means a person who directly or indirectly engages in debt collection and includes a person who sells or offers to sell forms represented to be a collection system, device, or scheme intended to be used to collect consumer debts.(7)  "Third-party debt collector" means a debt collector, as defined by 15 U.S.C. Section 1692a(6), but does not include an attorney collecting a debt as an attorney on behalf of and in the name of a client unless the attorney has nonattorney employees who:(A)  are regularly engaged to solicit debts for collection;  or(B)  regularly make contact with debtors for the purpose of collection or adjustment of debts.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.42, eff. Sept. 1, 1999.|
TX Fin Code § 392.101 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 392 - Debt Collection|Subchapter B. Surety Bond|Section 392.101. Bond Requirement

Sec. 392.101.  BOND REQUIREMENT.  (a)  A third-party debt collector or credit bureau may not engage in debt collection unless the third-party debt collector or credit bureau has obtained a surety bond issued by a surety company authorized to do business in this state as prescribed by this section.  A copy of the bond must be filed with the secretary of state.(b)  The bond must be in favor of:(1)  any person who is damaged by a violation of this chapter;  and(2)  this state for the benefit of any person who is damaged by a violation of this chapter.(c)  The bond must be in the amount of $10,000.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 392.102 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 392 - Debt Collection|Subchapter B. Surety Bond|Section 392.102. Claim Against Bond

Sec. 392.102.  CLAIM AGAINST BOND.  A person who claims against a bond for a violation of this chapter may maintain an action against the third-party debt collector or credit bureau and against the surety.  The aggregate liability of the surety to all persons damaged by a violation of this chapter may not exceed the amount of the bond.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 392.201 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 392 - Debt Collection|Subchapter C. Information in Files of Credit Bureau or Debt Collector|Section 392.201. Report to Consumer

Sec. 392.201.  REPORT TO CONSUMER.  Not later than the 45th day after the date of the request, a credit bureau shall provide to a person in its registry a copy of all information contained in its files concerning that person.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 392.301 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 392 - Debt Collection|Subchapter D. Prohibited Debt Collection Methods|Section 392.301. Threats or Coercion

Sec. 392.301.  THREATS OR COERCION.  (a)  In debt collection, a debt collector may not use threats, coercion, or attempts to coerce that employ any of the following practices:(1)  using or threatening to use violence or other criminal means to cause harm to a person or property of a person;(2)  accusing falsely or threatening to accuse falsely a person of fraud or any other crime;(3)  representing or threatening to represent to any person other than the consumer that a consumer is wilfully refusing to pay a nondisputed consumer debt when the debt is in dispute and the consumer has notified in writing the debt collector of the dispute;(4)  threatening to sell or assign to another the obligation of the consumer and falsely representing that the result of the sale or assignment would be that the consumer would lose a defense to the consumer debt or would be subject to illegal collection attempts;(5)  threatening that the debtor will be arrested for nonpayment of a consumer debt without proper court proceedings;(6)  threatening to file a charge, complaint, or criminal action against a debtor when the debtor has not violated a criminal law;(7)  threatening that nonpayment of a consumer debt will result in the seizure, repossession, or sale of the person's property without proper court proceedings;  or(8)  threatening to take an action prohibited by law.(b)  Subsection (a) does not prevent a debt collector from:(1)  informing a debtor that the debtor may be arrested after proper court proceedings if the debtor has violated a criminal law of this state;(2)  threatening to institute civil lawsuits or other judicial proceedings to collect a consumer debt;  or(3)  exercising or threatening to exercise a statutory or contractual right of seizure, repossession, or sale that does not require court proceedings.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 392.302 (2021)
2021 Texas Statutes|Finance Code|Title 5 - Protection of Consumers of Financial Services|Chapter 392 - Debt Collection|Subchapter D. Prohibited Debt Collection Methods|Section 392.302. Harassment; Abuse

Sec. 392.302.  HARASSMENT;  ABUSE.  In debt collection, a debt collector may not oppress, harass, or abuse a person by:(1)  using profane or obscene language or language intended to abuse unreasonably the hearer or reader;(2)  placing telephone calls without disclosing the name of the individual making the call and with the intent to annoy, harass, or threaten a person at the called number;(3)  causing a person to incur a long distance telephone toll, telegram fee, or other charge by a medium of communication without first disclosing the name of the person making the communication;  or(4)  causing a telephone to ring repeatedly or continuously, or making repeated or continuous telephone calls, with the intent to harass a person at the called number.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|