2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle E - Other Financial Businesses › Chapter 180 - Residential Mortgage Loan Originators › Subchapter A. General Provisions › Section 180.002. Definitions

Sec. 180.002.  DEFINITIONS.  In this chapter:
(1)  "Clerical or support duties," following the receipt of an application from a consumer, includes:
(A)  the receipt, collection, distribution, and analysis of information related to the processing or underwriting of a residential mortgage loan; and
(B)  communication with a consumer to obtain information necessary to process or underwrite a loan, to the extent that the communication does not include offering or negotiating loan rates or terms or counseling the consumer about residential mortgage loan rates or terms.
(2)  "Credit union" means a state or federal credit union operating in this state.
(3)  "Credit union subsidiary organization" means an agency, association, or company wholly or partly owned by a credit union that is designed primarily to serve or otherwise assist credit union operations.  The term includes a credit union service organization authorized by:
(A)  Section 124.351(a)(1);
(B)  Credit Union Commission rule; or
(C)  Part 712 of the National Credit Union Administration's Rules and Regulations.
(4)  "Depository institution" has the meaning assigned by Section 3, Federal Deposit Insurance Act (12 U.S.C. Section 1813).  The term includes a credit union but does not include a credit union subsidiary organization.
(5)  "Dwelling" has the meaning assigned by Section 103(w) of the Truth in Lending Act (15 U.S.C. Section 1602(w)).
(6)  "Federal banking agency" means:
(A)  the Board of Governors of the Federal Reserve System;
(B)  the Office of the Comptroller of the Currency;
(C)  the Office of Thrift Supervision;
(D)  the National Credit Union Administration;
(E)  the Federal Deposit Insurance Corporation; or
(F)  the successor of any of those agencies.
(7)  "Finance commission" means the Finance Commission of Texas.
(8)  "Immediate family member" means the spouse, child, sibling, parent, grandparent, or grandchild of an individual.  The term includes a stepparent, stepchild, and stepsibling and a relationship established by adoption.
(9)  "Individual" means a natural person.
(10)  "License" means a license issued under the laws of this state to an individual acting as or engaged in the business of a residential mortgage loan originator.
(11)  "Loan processor or underwriter" means an individual who performs clerical or support duties as an employee at the direction of and subject to the supervision and instruction of an individual licensed as a residential mortgage loan originator or exempt from licensure under Section 180.003.
(12)  "Nationwide Mortgage Licensing System and Registry" means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of state residential mortgage loan originators.
(13)  "Nontraditional mortgage product" means a mortgage product other than a 30-year fixed rate mortgage.
(14)  "Person" means an individual, corporation, company, limited liability company, partnership, or association.
(15)  "Real estate brokerage activity" means an activity that involves offering or providing real estate brokerage services to the public, including:
(A)  acting as a real estate broker or salesperson for a buyer, seller, lessor, or lessee of real property;
(B)  bringing together parties interested in the sale, purchase, lease, rental, or exchange of real property;
(C)  negotiating, on a party's behalf, any provision of a contract relating to the sale, purchase, lease, rental, or exchange of real property, other than a negotiation conducted in connection with providing financing with respect to such a transaction;
(D)  engaging in an activity for which a person is required to be registered or licensed by the state as a real estate broker or salesperson; and
(E)  offering to engage in an activity described by Paragraphs (A) through (D) or to act in the same capacity as a person described by Paragraphs (A) through (D).
(16)  "Registered mortgage loan originator" means an individual who:
(A)  is a residential mortgage loan originator and is an employee of:
(i)  a depository institution;
(ii)  a subsidiary that is:
(a)  owned and controlled by a depository institution; and
(b)  regulated by a federal banking agency; or
(iii)  an institution regulated by the Farm Credit Administration; and
(B)  is registered with, and maintains a unique identifier through, the Nationwide Mortgage Licensing System and Registry.
(17)  "Regulatory official" means:
(A)  with respect to Subtitles A, F, and G of this title, the banking commissioner of Texas;
(B)  with respect to Chapters 156 and 157, the savings and mortgage lending commissioner; and
(C)  with respect to Chapters 342, 347, 348, and 351, the consumer credit commissioner.
(18)  "Residential mortgage loan" means a loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real estate.
(19)  "Residential mortgage loan originator":
(A)  means an individual who for compensation or gain or in the expectation of compensation or gain:
(i)  takes a residential mortgage loan application; or
(ii)  offers or negotiates the terms of a residential mortgage loan; and
(B)  does not include:
(i)  an individual who performs solely administrative or clerical tasks on behalf of an individual licensed as a residential mortgage loan originator or exempt from licensure under Section 180.003, except as otherwise provided by Section 180.051;
(ii)  an individual who performs only real estate brokerage activities and is licensed or registered by the state as a real estate broker or salesperson, unless the individual is compensated by:
(a)  a lender or other residential mortgage loan originator; or
(b)  an agent of a lender or other residential mortgage loan originator;
(iii)  an individual licensed under Chapter 1201, Occupations Code, unless the individual is directly compensated for arranging financing for activities regulated under that chapter by:
(a)  a lender or other residential mortgage loan originator; or
(b)  an agent of a lender or other residential mortgage loan originator;
(iv)  an individual who receives the same benefits from a financed transaction as the individual would receive if the transaction were a cash transaction; or
(v)  an individual who is involved solely in providing extensions of credit relating to timeshare plans, as defined by 11 U.S.C. Section 101(53D).
(20)  "Residential real estate" means real property located in this state on which a dwelling is constructed or intended to be constructed.
(21)  "Rulemaking authority" means  the finance commission.
(22)  "S.A.F.E. Mortgage Licensing Act" means the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Pub. L. No. 110-289).
(23)  "Unique identifier" means a number or other identifier assigned by protocols established by the Nationwide Mortgage Licensing System and Registry.
Added by Acts 2009, 81st Leg., R.S., Ch. 1104 (H.B. 10), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 655 (S.B. 1124), Sec. 60, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 160 (S.B. 1004), Sec. 84, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 159 (S.B. 1371), Sec. 4, eff. September 1, 2023.