reglab/statecodes huggingface dataset:
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter B. General Limitations on Liability › Section 349.103. Limitation on Multiple Recovery of Penalties

Sec. 349.103.  LIMITATION ON MULTIPLE RECOVERY OF PENALTIES.  (a)  An administrative penalty, fine, settlement, or assurance of voluntary compliance under this title or federal law that is assessed by or agreed to with an administrative agency or the attorney general shall be considered and applied as a bar or credit to recovery of further fines, penalties, or enhanced damages for substantially the same act, practice, or violation in a suit or other proceeding brought by a private litigant under this title, the Business & Commerce Code, or other applicable law of this state.  This section does not apply to a claim for restitution for unreimbursed actual damages.
(b)  A suit or other proceeding by a private litigant does not affect or restrict any state or federal agency from pursuing a person for any administrative remedy, including an administrative penalty.  An administrative agency of this state, however, shall consider as a mitigating factor any relief recovered in a private suit or proceeding when the agency determines an administrative remedy.
Added by Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 4.07, eff. September 1, 2005.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter C. Limiting Liability by Correcting Violation › Section 349.201. Correction Resulting in No Liability

Sec. 349.201.  CORRECTION RESULTING IN NO LIABILITY.  (a)  A person is not liable to an obligor for a violation of this subtitle if:
(1)  not later than the 60th day after the date on which the person actually discovered the violation, the person corrects the violation as to that obligor by:
(A)  performing the required act;  or
(B)  refunding the amount in excess of the amount authorized by law;  and
(2)  the person gives to the obligor written notice of the violation as provided by Section 349.204 before the obligor:
(A)  gives written notice of that violation;  or
(B)  files an action alleging that violation.
(b)  For purposes of Subsection (a), "actually discovered" refers to the time of the discovery of the violation in fact and not to the time when an ordinarily prudent person, through reasonable diligence, could or should have discovered or known as a matter of law or fact of the violation.  Actual discovery of a violation in one transaction may constitute actual discovery of the same violation in other transactions if the violation actually discovered is of such a nature that it would necessarily be repeated and would be clearly apparent in the other transactions without the necessity of examining all of the other transactions.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter C. Limiting Liability by Correcting Violation › Section 349.202. Correction of Violation of Failure to Act or Performing Prohibited Act Resulting in Limited Liability

Sec. 349.202.  CORRECTION OF VIOLATION OF FAILURE TO ACT OR PERFORMING PROHIBITED ACT RESULTING IN LIMITED LIABILITY.  (a)  Liability to an obligor for a violation of this subtitle to which Section 349.003 applies is limited as provided by this section if, after the 60-day period described by Section 349.201(a)(1) but before the time the obligor gives written notice of that violation or files an action alleging that violation, the violation is corrected as to that obligor by:
(1)  the performance of the required act;  and
(2)  giving to the obligor written notice of the violation as provided by Section 349.204.
(b)  The liability of any person for the violation to the obligor as described by Subsection (a) is limited for each transaction to an amount that does not exceed one, but not both, of the following:
(1)  the actual economic loss suffered by the obligor as a result of the violation;  or
(2)  the time price differential or interest contracted for, charged, or received, not to exceed $2,000, if:
(A)  the violation was material;  and
(B)  the violation induced the obligor to enter into a transaction that the obligor would not have entered if the violation had not occurred.
(c)  A person who is liable under Subsection (b) is also liable for reasonable attorney's fees set by the court.
(d)  In a judicial proceeding under Subsection (b)(2), the court determines whether the violation is material and the finder of fact determines whether the violation induced the obligor to enter into the transaction.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter C. Limiting Liability by Correcting Violation › Section 349.203. Correction of Violation of Charging Excessive Amounts Resulting in Limited Liability

Sec. 349.203.  CORRECTION OF VIOLATION OF CHARGING EXCESSIVE AMOUNTS RESULTING IN LIMITED LIABILITY.  (a)  This section applies only to a violation of this subtitle to which Section 349.001 applies and that results from:
(1)  contracting for, charging, or receiving interest or time price differential that exceeds the amount authorized by law if the excess is directly and solely attributable to and computed on the amount of a charge other than the interest or time price differential;  or
(2)  contracting for, charging, or receiving a charge, other than interest or time price differential, that exceeds the amount authorized by law.
(b)  If, after the 60-day period described by Section 349.201(a)(1) but before the time an obligor gives written notice of the violation or files an action alleging the violation, the violation is corrected as to the obligor by refunding the amount of the excess and giving to the obligor written notice of the violation as provided by Section 349.204, the liability of any person to that obligor is limited for each transaction to an amount that does not exceed:
(1)  the time price differential or interest contracted for, charged, or received, not to exceed $2,000;  and
(2)  reasonable attorney's fees set by the court.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter C. Limiting Liability by Correcting Violation › Section 349.204. Giving Written Notice

Sec. 349.204.  GIVING WRITTEN NOTICE.  (a)  For purposes of this subchapter, written notice is given to a person by delivering the notice to the person or the person's agent or attorney of record:
(1)  in person;  or
(2)  by United States mail to the address shown on the most recent documents in the transaction.
(b)  Deposit of a notice as registered or certified mail in a postage-paid, properly addressed wrapper in a post office or official depository under the care and custody of the United States Postal Service is prima facie evidence of the delivery of the notice to the person to whom it is addressed.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter C. Limiting Liability by Correcting Violation › Section 349.205. Correction Exception Available to All Similarly Situated

Sec. 349.205.  CORRECTION EXCEPTION AVAILABLE TO ALL SIMILARLY SITUATED.  If in a single transaction more than one person may be liable for a violation of this subtitle, compliance with Section 349.201, 349.202, or 349.203 by any of those persons entitles each to the protection provided by that section.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter D. Limiting Liability by Late Registration or Licensure › Section 349.301. Payment of Fees

Sec. 349.301.  PAYMENT OF FEES.  A person who registers or obtains or renews a license under this title after the date on which the person was required to register or to obtain or renew the license may limit the person's liability as provided by this subchapter by paying to the commissioner:
(1)  all prior registration or license fees that the person should have paid under this title; and
(2)  except as provided by Section 349.302(a), a late filing fee as provided by this subchapter.
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. 41, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter D. Limiting Liability by Late Registration or Licensure › Section 349.302. Late Filing Fee for Registering or Renewal of Registration

Sec. 349.302.  LATE FILING FEE FOR REGISTERING OR RENEWAL OF REGISTRATION.  (a)  A person who renews a registration not later than the 30th day after the date on which the registration expires is not required to pay a late filing fee.
(b)  The late filing fee is $250 for:
(1)  registering after the time registration is required under this title;  or
(2)  renewal of a registration after the day prescribed by Subsection (a).
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter D. Limiting Liability by Late Registration or Licensure › Section 349.303. Late Filing Fee for Obtaining or Renewing License

Sec. 349.303.  LATE FILING FEE FOR OBTAINING OR RENEWING LICENSE.  (a)  The late filing fee for renewing an expired license is $1,000 if the license:
(1)  was in good standing when it expired;  and
(2)  is renewed not later than the 180th day after its expiration date.
(b)  The late filing fee is $10,000 for:
(1)  obtaining a license after the time it is required under this title;  or
(2)  renewing an expired license to which Subsection (a) does not apply.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter D. Limiting Liability by Late Registration or Licensure › Section 349.304. Effect of Compliance With Subchapter for Registrant or License Holder

Sec. 349.304.  EFFECT OF COMPLIANCE WITH SUBCHAPTER FOR REGISTRANT OR LICENSE HOLDER.  (a)  A person who pays the applicable registration fees and late filing fee as provided by Section 349.301 is considered for all purposes to have had the required registration for the periods for which the registration fees have been paid.
(b)  A person who renews an expired license and pays the applicable license fees and, if required, a late filing fee as provided by Section 349.301 is considered for all purposes to have held the required license as if it had not expired.
(c)  A person who obtains a license and pays the applicable license fees and the late filing fee under Section 349.301 is considered for all purposes to have held the license for the period during which it was required but only as to a loan on which the person has contracted for, charged, or received interest that does not exceed the amount that would have been allowed for the loan under Chapter 303.
(d)  A person who under this section is considered to have been registered or to have held a license is not subject to any liability, forfeiture, or penalty, other than as provided by this subchapter, relating to the person's not having been registered or not holding a license during the period for which the registration or license fees and late filing fee are paid under Section 349.301.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter D. Limiting Liability by Late Registration or Licensure › Section 349.305. Effect of Compliance With Subchapter on Person Other Than Registrant or License Holder

Sec. 349.305.  EFFECT OF COMPLIANCE WITH SUBCHAPTER ON PERSON OTHER THAN REGISTRANT OR LICENSE HOLDER.  A benefit provided to a person under Section 349.304 also applies to that person's employees or other agents, employers, predecessors, successors, and assigns but does not apply to any other person required to be licensed under this title.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter E. Procedures for Civil Actions › Section 349.401. Venue

Sec. 349.401.  VENUE.  An action under this chapter must be brought in the county in which:
(1)  the transaction was entered;  or
(2)  the defendant resides when the action is filed.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter E. Procedures for Civil Actions › Section 349.402. Limitation Period

Sec. 349.402.  LIMITATION PERIOD.  (a)  Except as provided by Subsection (b), an action under this chapter must be brought before the later of:
(1)  the fourth anniversary of the date of the loan or retail installment transaction with respect to which the violation occurred;  or
(2)  the second anniversary of the date on which the violation occurred.
(b)  An action under this chapter with respect to an open-end credit transaction must be brought before the second anniversary of the date on which the violation occurred.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter E. Procedures for Civil Actions › Section 349.403. Class Action

Sec. 349.403.  CLASS ACTION.  (a)  In a class action that alleges one or more violations of this subtitle and is determined by the court to be maintainable as a class action, the class may recover the amount of actual damages proximately caused to the members of the class as a result of the violations.
(b)  The court may assess as a penalty:
(1)  for each obligor who is named as a class representative at the time that the action is determined to be maintainable as a class action, the amount that could be recovered by the person under this chapter;  and
(2)  for other class members, an amount set by the court under Subsection (c) and subject to Subsection (d).
(c)  In determining the award amount, the court shall consider, in addition to other relevant factors:
(1)  the amount of any actual damages awarded;
(2)  the frequency and persistence of violations by the creditor;
(3)  the resources of the creditor;
(4)  the number of persons adversely affected;  and
(5)  the extent to which the creditor's violation was intentional or reckless.
(d)  A minimum recovery is not applicable to a class member to whom Subsection (b)(2) applies.  The total recovery under Subsection (b)(2) in a class action or series of class actions arising out of the same violation of this subtitle by the same person may not exceed the lesser of $100,000 or five percent of the net worth of the person.
(e)  In a successful action to enforce the liability under this section, the court may award:
(1)  costs of the action;  and
(2)  reasonable attorney's fees set by the court.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter E. Procedures for Civil Actions › Section 349.404. Liability Under Subchapter in Lieu of Liability Under Consumer Credit Protection Act

Sec. 349.404.  LIABILITY UNDER SUBCHAPTER IN LIEU OF LIABILITY UNDER CONSUMER CREDIT PROTECTION ACT.  (a)  A final judgment granting or denying relief under the Consumer Credit Protection Act (15 U.S.C. Section 1601 et seq.) bars a subsequent action under Section 349.001, 349.002, or 349.003 by the same obligor with respect to the same violation.
(b)  If an obligor brings an action under the Consumer Credit Protection Act (15 U.S.C. Section 1601 et seq.) against a person after a final judgment has been rendered under Section 349.001, 349.002, or 349.003 in favor of the obligor against that person with respect to the same violation, that person in the same or an independent action may sue that obligor to recover:
(1)  the amount of the judgment rendered under Section 349.001, 349.002, or 349.003;  and
(2)  reasonable attorney's fees set by the court.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter F. Criminal Offenses › Section 349.501. Offense of Charges Exceeding Twice Amount Authorized

Sec. 349.501.  OFFENSE OF CHARGES EXCEEDING TWICE AMOUNT AUTHORIZED.  (a)  A person commits an offense if the person contracts for, charges, or receives interest, time price differential, and other charges that in an aggregate amount exceed twice the total amount of interest, time price differential, and other charges authorized by this subtitle.
(b)  An offense under this section is a misdemeanor punishable by a fine of not more than $100.
(c)  Each contract or transaction that violates Subsection (a) is a separate offense.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter F. Criminal Offenses › Section 349.502. Offense of Engaging in Lending Business Without Proper Authority

Sec. 349.502.  OFFENSE OF ENGAGING IN LENDING BUSINESS WITHOUT PROPER AUTHORITY.  (a)  A person commits an offense if the person engages in a business that is subject to Chapter 342, 346, or 351 without holding the license or other authorization required under that chapter.
(b)  An offense under this section is a misdemeanor punishable by a fine of not more than $1,000.
(c)  Each loan made without the authority required by Chapter 342, 346, or 351 is a separate offense.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.57, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1220 (H.B. 2138), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 349 - Penalties and Liabilities › Subchapter F. Criminal Offenses › Section 349.503. Certain Proceedings in Connection With Sale-Leaseback Transaction

Sec. 349.503.  CERTAIN PROCEEDINGS IN CONNECTION WITH SALE-LEASEBACK TRANSACTION.  (a)  If a buyer in a sale-leaseback transaction requires the seller to provide a check as security for the transaction, the buyer may not file or threaten to file a charge, complaint, or criminal prosecution under Section 31.03, 31.04, or 32.41, Penal Code, based on nonpayment of the check.
(b)  A buyer who violates Subsection (a) commits an offense.  An offense under this section is a misdemeanor punishable by a fine of not more than $1,000.
Added by Acts 2001, 77th Leg., ch. 1235, Sec. 19, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 350 - Requirements and Limitations Applicable to Consumer Creditors Not Licensed or Registered Under This Title › Section 350.001. Applicability

Sec. 350.001.  APPLICABILITY.  (a)  This chapter applies to a person who extends credit primarily for personal, family, or household use and not for a business, commercial, investment, or agricultural purpose.  For the purposes of this chapter, credit means the right granted to a debtor to defer payment of debt or to incur debt and defer its payment.  A creditor is subject to this chapter if the creditor charges a finance charge or extends credit payable in one or more installments.
(b)  This chapter does not apply to a person who is:
(1)  licensed or registered under this title or Title 3; or
(2)  exempt from licensing or registration under this title.
Added by Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 1.04, eff. September 1, 2005.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 350 - Requirements and Limitations Applicable to Consumer Creditors Not Licensed or Registered Under This Title › Section 350.002. Prevention of Evasion

Sec. 350.002.  PREVENTION OF EVASION.  A  person may not use any device, subterfuge, or pretense to evade the application of this section.
Added by Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 1.04, eff. September 1, 2005.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 350 - Requirements and Limitations Applicable to Consumer Creditors Not Licensed or Registered Under This Title › Section 350.003. Compliance With Fair Trade Practices Act

Sec. 350.003.  COMPLIANCE WITH FAIR TRADE PRACTICES ACT.  A creditor who is not licensed, registered, or otherwise exempt under this title must comply with the requirements of 15 U.S.C. Section 45.  An enforcement action to compel compliance under this section may include an action to enjoin illegal activities or order restitution.
Added by Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 1.04, eff. September 1, 2005.
2023 Texas Statutes › Finance Code › Title 4 - Regulation of Interest, Loans, and Financed Transactions › Subtitle B - Loans and Financed Transactions › Chapter 350 - Requirements and Limitations Applicable to Consumer Creditors Not Licensed or Registered Under This Title › Section 350.004. Penalties

Sec. 350.004.  PENALTIES.  Chapter 349 applies to violations of this chapter and the rules adopted under this chapter.
Added by Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 1.04, eff. September 1, 2005.
2023 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 351.001. Short Title

Sec. 351.001.  SHORT TITLE.  This chapter may be cited as the Property Tax Lender License Act.
Added by Acts 2007, 80th Leg., R.S., Ch. 1220 (H.B. 2138), Sec. 1, eff. September 1, 2007.
2023 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 351.002. Definitions

Sec. 351.002.  DEFINITIONS.In this chapter:
(1)  "Property tax lender" means a person that engages in activity requiring a license under Section 351.051.  The term does not include:
(A)  a person who is sponsored by a licensed property tax lender to assist with or perform the acts of a property tax lender; or
(B)  a person who performs only clerical functions such as delivering a loan application to a property tax lender, gathering or requesting information related to a property tax loan application on behalf of the prospective borrower or property tax lender, word processing, sending correspondence, or assembling files.
(2)  "Property tax loan" means an advance of money:
(A)  in connection with a transfer of lien under Section 32.06, Tax Code, or a contract under Section 32.065, Tax Code;
(B)  in connection with which the person making the transfer arranges for the payment, with a property owner's written consent, of property taxes and related closing costs on behalf of the property owner in accordance with Section 32.06, Tax Code; and
(C)  that is secured by a special lien against property transferred from a taxing unit to the property tax lender and which may be further secured by the lien or security interest created by a deed of trust, security deed, or other security instrument.
Added by Acts 2007, 80th Leg., R.S., Ch. 1220 (H.B. 2138), Sec. 1, eff. September 1, 2007.
2023 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.
2023 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 or Chapter 32, Tax Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 206 (S.B. 247), Sec. 2, eff. May 29, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 159 (S.B. 1371), Sec. 22, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.