reglab/statecodes huggingface dataset:
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 13 - Department of Savings and Mortgage Lending › Section 13.011. Consumer Information and Complaints

Sec. 13.011.  CONSUMER INFORMATION AND COMPLAINTS.
(a)  The Department of Savings and Mortgage Lending shall maintain a system to promptly and efficiently act on complaints filed with that department.  The Department of Savings and Mortgage Lending shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The Department of Savings and Mortgage Lending shall make information available describing its procedures for complaint investigation and resolution.
(c)  The Department of Savings and Mortgage Lending shall periodically notify the complaint parties of the status of the complaint until final disposition.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 47(1), eff. September 1, 2019.
(e)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 47(1), eff. September 1, 2019.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 337, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.021, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 8, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 47(1), eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 13 - Department of Savings and Mortgage Lending › Section 13.012. Sunset Provision

Sec. 13.012.  SUNSET PROVISION.  The office of savings and mortgage lending commissioner and the Department of Savings and Mortgage Lending are subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the office and department are abolished September 1, 2031.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 337, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.022, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 2.04, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1279 (H.B. 1675), Sec. 3.04, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 9, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 13 - Department of Savings and Mortgage Lending › Section 13.013. Standards of Conduct

Sec. 13.013.  STANDARDS OF CONDUCT.  The savings and mortgage lending commissioner or the savings and mortgage lending commissioner's designee shall provide to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2001, 77th Leg., ch. 337, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.023, eff. September 1, 2007.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 13 - Department of Savings and Mortgage Lending › Section 13.014. Equal Employment Opportunity Policy

Sec. 13.014.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  The savings and mortgage lending commissioner or the savings and mortgage lending commissioner's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the Department of Savings and Mortgage Lending to avoid the unlawful employment practices described by Chapter 21, Labor Code; and
(2)  an analysis of the extent to which the composition of the Department of Savings and Mortgage Lending personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c)  The policy statement must:
(1)  be updated annually;
(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1);  and
(3)  be filed with the governor's office.
Added by Acts 2001, 77th Leg., ch. 337, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.024, eff. September 1, 2007.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 13 - Department of Savings and Mortgage Lending › Section 13.016. Recovery Fund

Sec. 13.016.  RECOVERY FUND.  (a)  Except as provided by Subchapter G, Chapter 156, the savings and mortgage lending commissioner shall establish, administer, and maintain one recovery fund for the purposes of Chapters 156 and 157.  The recovery fund shall be administered and maintained under Subchapter F, Chapter 156.
(b)  The savings and mortgage lending commissioner's authority under this section includes the authority to  enforce disciplinary action as provided by Chapters 156 and 157 for a person's failure to comply with the applicable provisions of those chapters relating to the recovery fund and with applicable rules adopted under those chapters.
Added by Acts 2011, 82nd Leg., R.S., Ch. 655 (S.B. 1124), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 929 (H.B. 3617), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 13 - Department of Savings and Mortgage Lending › Section 13.017. Alternative Rulemaking and Dispute Resolution

Sec. 13.017.  ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION.  (a)  The finance commission by rule shall develop a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of rules by the finance commission applicable to the Department of Savings and Mortgage Lending; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the Department of Savings and Mortgage Lending's jurisdiction.
(b)  The procedures applicable to the Department of Savings and Mortgage Lending relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The Department of Savings and Mortgage Lending shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 10, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 13 - Department of Savings and Mortgage Lending › Section 13.018. Advisory Committees

Sec. 13.018.  ADVISORY COMMITTEES.  (a)  The savings and mortgage lending commissioner may appoint advisory committees to assist the Department of Savings and Mortgage Lending and savings and mortgage lending commissioner in performing their duties.
(b)  The savings and mortgage lending commissioner shall specify each committee's purpose, powers, and duties and shall require each committee to report to the savings and mortgage lending commissioner or Department of Savings and Mortgage Lending in the manner specified by the savings and mortgage lending commissioner concerning the committee's activities and the results of its work.
Added by Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 10, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter A. General Provisions › Section 14.001. Definitions

Sec. 14.001.  DEFINITIONS.  (a)  In this chapter:
(1)  "Document" includes books, accounts, correspondence, records, and papers.
(2)  "Office" means the Office of Consumer Credit Commissioner.
(b)  The definitions provided by Section 341.001 apply to this chapter.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter B. Operation of Office › Section 14.051. Consumer Credit Commissioner

Sec. 14.051.  CONSUMER CREDIT COMMISSIONER.  (a)  The finance commission shall appoint the commissioner.
(b)  The commissioner:
(1)  serves at the will of the commission;  and
(2)  is subject to orders and directions of the commission.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 17, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter B. Operation of Office › Section 14.052. Division of Consumer Protection

Sec. 14.052.  DIVISION OF CONSUMER PROTECTION.  The division of consumer protection is a division in the office and is under the direction of the commissioner.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter B. Operation of Office › Section 14.054. Oath of Office

Sec. 14.054.  OATH OF OFFICE.  Before assuming the duties of office, the commissioner and each assistant commissioner, examiner, and other employee of the office must take an oath of office.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 285, Sec. 7, eff. Sept. 1, 2003.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter B. Operation of Office › Section 14.055. Liability

Sec. 14.055.  LIABILITY.  (a)  The commissioner or an assistant commissioner, examiner, or other employee of the office is not personally liable for damages arising from the person's official act or omission unless the act or omission is corrupt or malicious.
(b)  The attorney general shall defend an action brought against a person because of an official act or omission under Subsection (a) regardless of whether the person has terminated service with the office when the action is instituted.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter B. Operation of Office › Section 14.056. Conflict of Interest

Sec. 14.056.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be an employee of the office employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in an industry regulated by the office;  or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in an industry regulated by the office.
(c)  A person may not act as the general counsel to the office if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the office.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1235, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter B. Operation of Office › Section 14.057. Performance Evaluations; Merit Pay

Sec. 14.057.  PERFORMANCE EVALUATIONS;  MERIT PAY.  (a)  The commissioner or a person designated by the commissioner shall develop a system of annual employee performance evaluations based on measurable job tasks.
(b)  Merit pay for employees of the office must be based on the system established under this section.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter B. Operation of Office › Section 14.058. Equal Employment Opportunity

Sec. 14.058.  EQUAL EMPLOYMENT OPPORTUNITY.  (a)  The commissioner or the commissioner's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the office to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the office's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c)  The policy statement must:
(1)  be updated annually;
(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1);  and
(3)  be filed with the governor's office.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1235, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter B. Operation of Office › Section 14.059. Intra-Agency Career Ladder

Sec. 14.059.  INTRA-AGENCY CAREER LADDER.  (a)  The commissioner or a person designated by the commissioner shall develop an intra-agency career ladder program.
(b)  The program must require intra-agency posting of all nonentry level positions concurrently with any public posting.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter B. Operation of Office › Section 14.061. Cost of Audit

Sec. 14.061.  COST OF AUDIT.  The cost of an audit of the office under Chapter 321, Government Code, shall be paid to the state auditor from the funds of the office.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter B. Operation of Office › Section 14.062. Consumer Information and Complaints

Sec. 14.062.  CONSUMER INFORMATION AND COMPLAINTS.  (a)  The office shall maintain a system to promptly and efficiently act on complaints filed with the office. The office shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The office shall make information available describing its procedures for complaint investigation and resolution.
(c)  The office shall periodically notify the complaint parties of the status of the complaint until final disposition.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1235, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter B. Operation of Office › Section 14.063. Application of Open Meetings Law

Sec. 14.063.  APPLICATION OF OPEN MEETINGS LAW.  The office is a governmental body subject to Chapter 551, Government Code.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter B. Operation of Office › Section 14.064. Consumer Information

Sec. 14.064.  CONSUMER INFORMATION.  The commissioner shall:
(1)  prepare information of consumer interest describing:
(A)  the regulatory functions of the office;  and
(B)  the office's procedures by which consumer complaints are filed with and resolved by the office;  and
(2)  make the information available to the public and appropriate state agencies.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter B. Operation of Office › Section 14.065. Office Employees

Sec. 14.065.  OFFICE EMPLOYEES.  The commissioner may appoint, remove, and prescribe the duties of assistant commissioners, examiners, and other employees as necessary to maintain and operate the office, including the division of consumer protection.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter B. Operation of Office › Section 14.066. Sunset Provision

Sec. 14.066.  SUNSET PROVISION.  The office is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished September 1, 2031.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1235, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 2.05, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1279 (H.B. 1675), Sec. 3.05, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter C. Powers and Duties of Commissioner › Section 14.101. General Duties of Commissioner

Sec. 14.101.  GENERAL DUTIES OF COMMISSIONER.  The commissioner shall enforce this chapter, Subtitles B and C of Title 4, Chapter 393 with respect to a credit access business, and Chapter 394 in person or through an assistant commissioner, examiner, or other employee of the office.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1302 (H.B. 2594), Sec. 3, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 63 (H.B. 2548), Sec. 2, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 196 (S.B. 560), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter C. Powers and Duties of Commissioner › Section 14.102. Educational and Debt Counseling Programs

Sec. 14.102.  EDUCATIONAL AND DEBT COUNSELING PROGRAMS.  The commissioner shall coordinate, encourage, and assist public and private agencies, organizations, groups, and consumer credit institutions in developing and operating voluntary educational and debt counseling programs designed to promote prudent and beneficial use of consumer credit by residents of this state.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter C. Powers and Duties of Commissioner › Section 14.1025. Financial Literacy Program Information

Sec. 14.1025.  FINANCIAL LITERACY PROGRAM INFORMATION.  (a)  In this section:
(1)  "Financial literacy" means proficiency at managing personal finances.
Text of subdivision effective until April 01, 2025
(2)  "Health and human services agencies" has the meaning assigned by Section 531.001, Government Code.
Text of subdivision effective on April 01, 2025
(2)  "Health and human services agencies" has the meaning assigned by Section 521.0001, Government Code.
(b)  The commissioner shall collect information on programs, including classes, and other resources available to the public that focus on teaching financial literacy, compile the information into a one-page document, and post the document on the office's Internet website.
(c)  A health and human services agency shall ensure that the document under Subsection (b) is offered to persons who receive services from the agency at locations at which those persons frequently access services provided by the agency.
(d)  The commissioner shall periodically update the information contained in the document described by Subsection (b).
Added by Acts 2011, 82nd Leg., R.S., Ch. 538 (H.B. 2615), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.12, eff. April 1, 2025.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter C. Powers and Duties of Commissioner › Section 14.103. Consumer Protection Programs

Sec. 14.103.  CONSUMER PROTECTION PROGRAMS.  The commissioner, through the division of consumer protection, shall coordinate, encourage, and assist public and private agencies, organizations, groups, and consumer protection institutions in developing and operating voluntary educational consumer protection programs designed to promote prudent and informed consumer action by residents of this state.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter C. Powers and Duties of Commissioner › Section 14.104. Lender Contracts

Sec. 14.104.  LENDER CONTRACTS.  A written contract of an authorized lender subject to regulation by the office must contain the name, mailing address, and telephone number of the office.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter C. Powers and Duties of Commissioner › Section 14.105. Gifts and Grants

Sec. 14.105.  GIFTS AND GRANTS.  (a)  The commissioner may accept money, gifts, or grants on behalf of the state for a purpose related to a consumer credit educational opportunity or to assist a local government in the exercise of its police power unless the acceptance is prohibited by Subsection (b) or other law.  Acceptance and use of money under this subsection must be approved by the finance commission.
(b)  The commissioner may not accept or use money offered by:
(1)  a person for investigating or prosecuting a matter;  or
(2)  a person who is affiliated with an industry that is regulated by the finance commission.
(c)  Money received under Subsection (a) may be appropriated only for the purpose for which the money was given.
(d)  The commissioner is not prohibited by Subsection (b) from receiving and using money from a person under the jurisdiction of the commissioner if the receipt and use is expressly authorized by other law.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter C. Powers and Duties of Commissioner › Section 14.106. Information Regarding Employment Requirements

Sec. 14.106.  INFORMATION REGARDING EMPLOYMENT REQUIREMENTS.  The commissioner or the commissioner's designee shall provide to agency employees, as often as necessary, information regarding the requirements for employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state employees.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1235, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter C. Powers and Duties of Commissioner › Section 14.107. Fees

Sec. 14.107.  FEES.  (a)  The finance commission shall establish reasonable and necessary fees for carrying out the commissioner's powers and duties under this chapter, Title 4, Chapter 393 with respect to a credit access business, and Chapters 371, 392, and 394 and under Chapters 51, 302, 601, and 621, Business & Commerce Code.
(b)  The finance commission by rule shall set the fees for licensing and examination, as applicable, under Chapter 393 with respect to a credit access business or Chapter 342, 347, 348, 351, 353, or 371 at amounts or rates necessary to recover the costs of administering those chapters. The rules may provide that the amount of a fee charged to a license holder is based on the volume of the license holder's regulated business and other key factors. The commissioner may provide for collection of a single fee for the term of the license from a person licensed under Subchapter G of Chapter 393 or Chapter 342, 347, 348, 351, or 371.  The fee must include amounts due for both licensing and examination.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 18, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1235, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.15, eff. April 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1104 (H.B. 10), Sec. 2, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 117 (H.B. 2559), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1302 (H.B. 2594), Sec. 4, eff. January 1, 2012.
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter C. Powers and Duties of Commissioner › Section 14.108. Interpretations of Law

Sec. 14.108.  INTERPRETATIONS OF LAW.  (a)  The commissioner may issue an interpretation of this chapter or Subtitle A or B, Title 4, after approval of the interpretation by the finance commission.
(b)  The provisions of Chapter 2001, Government Code, that relate to the adoption of an administrative rule do not apply to the issuance of an interpretation under this section.
(c)  The commissioner shall publish in the Texas Register, in a form prescribed by the finance commission, a request for an interpretation not later than the 10th day after the date on which the commissioner receives the request.
(d)  An interpretation approved by the finance commission shall be published in the Texas Register, in a form prescribed by the finance commission, not later than the 10th day after the date on which the finance commission has approved the interpretation.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter C. Powers and Duties of Commissioner › Section 14.109. Use of the Nationwide Mortgage Licensing System and Registry

Sec. 14.109.  USE OF THE NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY.  (a)  In this section, "Nationwide Mortgage Licensing System and Registry" or "nationwide registry" means a licensing system developed and maintained by the Conference of State Bank Supervisors and an affiliated organization to manage mortgage licenses and other financial services licenses or a successor registry.
(b)  This section applies only to:
(1)  this chapter; and
(2)  Chapter 342, 348, 351, 393, or 394.
(c)  The commissioner may require that a person submit through the Nationwide Mortgage Licensing System and Registry in the form and manner prescribed by the commissioner and acceptable to the registry any information or document or payment of a fee required to be submitted to the commissioner under:
(1)  a chapter to which this section applies; or
(2)  rules adopted under the chapter.
(d)  The commissioner may use the nationwide registry as a channeling agent for obtaining information required for licensing or registration purposes under a chapter listed in Subsection (b)(2) or rules adopted under the chapter, including:
(1)  criminal history record information from the Federal Bureau of Investigation, the United States Department of Justice, or any other agency or entity at the commissioner's discretion;
(2)  information related to any administrative, civil, or criminal findings by a governmental jurisdiction; and
(3)  information requested by the commissioner under Section 342.101(a)(4), 348.502(a)(3), 351.101(a)(4), 393.604(a)(5), or 394.204(c)(8).
Added by Acts 2013, 83rd Leg., R.S., Ch. 737 (S.B. 232), Sec. 1, eff. September 1, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 943 (H.B. 1721), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter C. Powers and Duties of Commissioner › Section 14.110. Alternative Rulemaking and Dispute Resolution

Sec. 14.110.  ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION.  (a) The finance commission by rule shall develop a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of rules by the finance commission applicable to the office; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the office's jurisdiction.
(b)  The procedures applicable to the office relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The office shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter C. Powers and Duties of Commissioner › Section 14.111. Advisory Committees

Sec. 14.111.  ADVISORY COMMITTEES.  (a) The commissioner may appoint advisory committees to assist the office and commissioner in performing their duties.
(b)  The commissioner shall specify each committee's purpose, powers, and duties and shall require each committee to report to the commissioner or office in the manner specified by the commissioner concerning the committee's activities and the results of its work.
Added by Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter C. Powers and Duties of Commissioner › Section 14.112. Licensing and Registration Terms

Sec. 14.112.  LICENSING AND REGISTRATION TERMS.  (a)  The finance commission by rule shall prescribe the licensing or registration period for licenses and registrations issued under Chapters 342, 345, 347, 348, 351, 352, 353, 371, 393, and 394 of this code and Chapter 1956, Occupations Code, not to exceed two years.
(b)  In adopting rules under Subsection (a), the finance commission shall set terms for licenses that comply with Chapter 180 and the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Pub. L. No. 110-289).
(c)  If the finance commission prescribes the term of a license or registration under Subsection (a) for a period other than one year, the commissioner shall prorate the applicable fee required under a chapter specified in Subsection (a) as necessary to reflect the term of the license or registration.
Added by Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter C. Powers and Duties of Commissioner › Section 14.113. Texas Financial Education Endowment

Sec. 14.113.  TEXAS FINANCIAL EDUCATION ENDOWMENT.  (a)  As part of the licensing fee and procedures described under Subchapter G, Chapter 393, each credit access business or holder of a credit access business license shall pay to the commissioner an annual assessment to improve consumer credit, financial education, and asset-building opportunities in this state.  The annual assessment may not exceed $200 for each license as specified by the finance commission.
(b)  The commissioner shall remit to the comptroller amounts received under Subsection (a) for deposit in an interest-bearing deposit account in the Texas Treasury Safekeeping Trust Company.  Money in the account may be spent by the finance commission only for the purposes provided by this section.  Amounts in the account may be invested and reinvested under the prudent person standard described by Section 11b, Article VII, Texas Constitution, and the interest from those investments shall be deposited to the credit of the account.
(b-1)  The expenses of managing the investments may be paid from the deposit account described by Subsection (b).
(c)  The Texas Financial Education Endowment shall be administered by the finance commission to support statewide financial education and consumer credit building activities and programs, including:
(1)  production and dissemination of approved financial education materials at licensed locations;
(2)  advertising, marketing, and public awareness campaigns to improve the credit profiles and credit scores of consumers in this state;
(3)  school and youth-based financial literacy and capability;
(4)  credit building and credit repair;
(5)  financial coaching and consumer counseling;
(6)  bank account enrollment and incentives for personal savings; and
(7)  other consumer financial education and asset-building initiatives as considered appropriate by the finance commission.
(d)  In implementing this section, the finance commission may make grants and may solicit gifts, grants, and donations for this purpose.
(e)  The finance commission may partner with other state agencies and entities to implement this section.
(f)  The finance commission shall adopt rules to administer this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1302 (H.B. 2594), Sec. 2, eff. January 1, 2012.
Transferred, redesignated and amended from Finance Code, Section 393.628 by Acts 2023, 88th Leg., R.S., Ch. 159 (S.B. 1371), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter D. Criminal History Record Information › Section 14.151. Obtaining Information

Sec. 14.151.  OBTAINING INFORMATION.  (a)  The commissioner or an assistant commissioner, examiner, or other employee of the office shall obtain criminal history record information maintained by the Department of Public Safety, the Federal Bureau of Investigation Identification Division, or another law enforcement agency relating to a person described by Section 411.095(a), Government Code.
(b)  For an applicant for a license or registration, license holder, or registrant that is a business entity, the criminal history record information requirement of this section applies to an officer, director, owner, or employee of the entity or another person having a substantial relationship with the entity.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 256 (S.B. 1075), Sec. 2, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 7, eff. June 13, 2023.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter D. Criminal History Record Information › Section 14.152. Fingerprint Requirement; Penalty

Sec. 14.152.  FINGERPRINT REQUIREMENT; PENALTY.  The commissioner may refuse to grant a license or registration to, or may suspend or revoke the license or registration of, an applicant, license holder, or registrant described by Section 411.095(a)(1), Government Code, who fails to provide, on request, a complete set of legible fingerprints on a fingerprint card format approved by the Department of Public Safety and the Federal Bureau of Investigation.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 256 (S.B. 1075), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter D. Criminal History Record Information › Section 14.153. Action by Law Enforcement Agencies

Sec. 14.153.  ACTION BY LAW ENFORCEMENT AGENCIES.  (a)  The commissioner shall send fingerprints and other identification information to the Department of Public Safety to be retained by that department.
(b)  The Department of Public Safety shall use the information to perform a search of the state criminal history files and shall report the findings to the office.
(c)  The Department of Public Safety shall send fingerprints and other identification information to the Federal Bureau of Investigation so that the bureau can perform a search of its criminal history files.
(d)  The Department of Public Safety shall notify the office of activity reported to the crime records division that identifies a person with a record maintained under this subchapter.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter D. Criminal History Record Information › Section 14.154. Confidentiality

Sec. 14.154.  CONFIDENTIALITY.  (a)  Criminal history record information received by the office is confidential and is for the exclusive use of the office.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 256 , Sec. 7, eff. September 1, 2015.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 256 (S.B. 1075), Sec. 7, eff. September 1, 2015.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter D. Criminal History Record Information › Section 14.155. Disclosure

Sec. 14.155.  DISCLOSURE.
(a)  The office may not release or disclose criminal history record information obtained from the Department of Public Safety, Federal Bureau of Investigation Identification Division, or other law enforcement agency, except as provided by Section 411.095(b), Government Code.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 256 , Sec. 7, eff. September 1, 2015.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 256 (S.B. 1075), Sec. 4, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 256 (S.B. 1075), Sec. 5, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 256 (S.B. 1075), Sec. 7, eff. September 1, 2015.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter D. Criminal History Record Information › Section 14.156. Recovery of Costs

Sec. 14.156.  RECOVERY OF COSTS.  In addition to an investigation fee paid to the commissioner by an applicant for a license or registration, the commissioner is entitled to recover from an applicant, license holder, or registrant the cost of processing an inquiry to determine whether the person has a criminal history record.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 256 (S.B. 1075), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter D. Criminal History Record Information › Section 14.157. Rules

Sec. 14.157.  RULES.  The finance commission shall adopt rules governing the custody and use of information obtained under this subchapter.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 19, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter E. Investigation and Enforcement › Section 14.201. Investigation and Enforcement Authority

Sec. 14.201.  INVESTIGATION AND ENFORCEMENT AUTHORITY.  Investigative and enforcement authority under this subchapter applies only to:
(1)  this chapter;
(2)  Subtitles B and C, Title 4;
(3)  Chapter 393 with respect to a credit access business;
(4)  Chapter 394; and
(5)  Subchapter B, Chapter 1956, Occupations Code.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1302 (H.B. 2594), Sec. 5, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 63 (H.B. 2548), Sec. 3, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 196 (S.B. 560), Sec. 4, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter E. Investigation and Enforcement › Section 14.2016. Information Sharing With Departments and Agencies

Sec. 14.2016.  INFORMATION SHARING WITH DEPARTMENTS AND AGENCIES.  To ensure consistent enforcement of law and minimization of regulatory burdens, the commissioner may share information, including criminal history or confidential information, relating to a license holder, registrant, applicant, or other person investigated or examined under the commissioner's authority with a department, agency, or instrumentality of this state, another state, or the United States if the commissioner considers the disclosure of the information to be necessary or proper to the enforcement of the laws of this state or the United States and in the best interest of the public. Information otherwise confidential remains confidential after the information is shared under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1182 (H.B. 3453), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter E. Investigation and Enforcement › Section 14.202. Request for Information; Investigation Authority

Sec. 14.202.  REQUEST FOR INFORMATION; INVESTIGATION AUTHORITY.  On receipt of a written complaint or other reasonable cause to believe that a person is violating a statute listed by Section 14.201, the commissioner may:
(1)  require the person to furnish information regarding a specific loan, retail transaction, or business practice to which the violation relates; and
(2)  conduct an investigation to determine whether a violation exists.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 9, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter E. Investigation and Enforcement › Section 14.203. Issuance of Subpoena or Summons

Sec. 14.203.  ISSUANCE OF SUBPOENA OR SUMMONS.  (a)  During an investigation, the commissioner may issue a subpoena or summons that is addressed to a peace officer of this state and requires the attendance and testimony of a witness or the production of a document.
(b)  A document that is necessary to continue the business of a person under investigation may not be removed from the office or place of business of that person, but the commissioner may:
(1)  examine, or cause to be examined, the document at the office or place of business;  and
(2)  require a copy to be made of a part of the document related to a matter under investigation.
(c)  A copy of a document made under Subsection (b)(2) must be verified by the affidavit of the person under investigation or by an officer of that person.
(d)  On the commissioner's certification, a copy of a document made under Subsection (b)(2) is admissible in evidence in an:
(1)  investigation or hearing under this subchapter or under a statute to which this subchapter applies;  or
(2)  appeal to the district court.
(e)  To implement this section, the commissioner may sign a subpoena, administer an oath or affirmation, examine a witness, or receive evidence.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter E. Investigation and Enforcement › Section 14.204. Enforcement of Subpoena; Contempt

Sec. 14.204.  ENFORCEMENT OF SUBPOENA;  CONTEMPT.  (a)  If a person disobeys a subpoena or if a witness appearing before the commissioner refuses to testify, the commissioner may petition the district court of a jurisdiction in which the person or witness may be found, and the court on this petition may issue an order requiring the person or witness to obey the subpoena, testify, or produce a document relating to the matter in issue, as applicable.  The court shall treat the application in the same manner as a motion in a civil suit.
(b)  The court shall promptly set an application to enforce a subpoena under Subsection (a) for hearing and shall cause notice of the application and the hearing to be served on the person to whom the subpoena is directed.  Notice may be served by a peace officer of this state.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter E. Investigation and Enforcement › Section 14.205. Investigation by Hearing Officer

Sec. 14.205.  INVESTIGATION BY HEARING OFFICER.  (a)  During an investigation described by this subchapter, the commissioner may appoint a hearing officer to conduct the investigation.
(b)  On appointment, a hearing officer has the same authority as the commissioner to conduct the investigation, except that the hearing officer may not issue an order on the subject of the investigation.
(c)  The commissioner may consider the record of an investigation conducted before a hearing officer in the same manner and to the same extent as in a hearing before the commissioner.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter E. Investigation and Enforcement › Section 14.206. Fees and Expenses

Sec. 14.206.  FEES AND EXPENSES.  (a)  The fee for serving a subpoena under this subchapter is the same as that paid a sheriff or constable for performing a similar service.
(b)  A witness required to attend a hearing before the commissioner shall receive for each day's attendance a fee and a travel and transportation allowance as authorized by law or a rule adopted by the finance commission.
(c)  A fee under Subsection (b) is not payable until the witness appears at the hearing.
(d)  A disbursement made in payment of a fee under this section shall be included in, and paid in the same manner that is provided for, other expenses incurred in the administration and enforcement of the statutes to which this subchapter applies.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 20, eff. Sept. 1, 2001.