reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter B - RULES FOR CRAFTED PRECIOUS METAL DEALERS › Division 1 - REGISTRATION PROCEDURES › Section 85.1002 - Filing of New Application

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 New application. An application for issuance of a new crafted precious metal
					 dealer registration must be submitted as prescribed by the OCCC at the date of
					 filing and in accordance with the OCCC's instructions.
(b) Required submission to OCCC. Each
					 application for a new crafted precious metal dealer registration must be filed
					 with the OCCC.
(c) Required
					 information. The application must include the following information and any
					 other information required by the OCCC. All questions must be answered.
(1) Responsible persons. The application must
					 list the person responsible for the day-to-day operation of the applicant's
					 permanent registered location and a responsible person for each temporary
					 location.
(2) Assumed names. For
					 any applicant that does business under an "assumed name" as that term is
					 defined in Texas Business and Commerce Code, §
												RSA
					 71.002, the applicant must provide all
					 assumed names used.
(3) Permanent
					 registered location required. A dealer must have at least one, and may have
					 more than one, permanent registered location. If none of a dealer's locations
					 satisfies the permanent registered location definition contained in §
												RSA 85.1001 of this
					 title (relating to Definitions), the dealer must designate one location to be
					 the permanent registered location.
(4) Temporary locations. For each temporary
					 location, the dealer must provide the approximate dates of operation at each
					 temporary location.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter B - RULES FOR CRAFTED PRECIOUS METAL DEALERS › Division 1 - REGISTRATION PROCEDURES › Section 85.1003 - Processing of Application

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Complete application. An application is complete when:
(1) the application conforms to the rules and
					 the OCCC's published instructions;
(2) all fees have been paid; and
(3) all requests for additional information
					 have been satisfied.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter B - RULES FOR CRAFTED PRECIOUS METAL DEALERS › Division 1 - REGISTRATION PROCEDURES › Section 85.1004 - Relocation of Registered Location

Current through Reg. 49, No. 28; July 12, 2024
A registered crafted precious metal dealer may amend a
						registration to relocate a permanent registered location. An amendment fee
						under §
											RSA 85.1011 of this title
						(relating to Fees) is required at the time of relocation.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter B - RULES FOR CRAFTED PRECIOUS METAL DEALERS › Division 1 - REGISTRATION PROCEDURES › Section 85.1005 - Contact Information and Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Updates to application information. A
					 crafted precious metal dealer must report to the OCCC any information that
					 would require a different answer than that given in the original application
					 within 30 calendar days after the crafted precious metal dealer has knowledge
					 of the information, if the information relates to any of the following:
(1) the name or any assumed name of the
					 crafted precious metal dealer; or
(2) the person responsible for day-to-day
					 operations at any permanent or temporary location.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter B - RULES FOR CRAFTED PRECIOUS METAL DEALERS › Division 1 - REGISTRATION PROCEDURES › Section 85.1006 - Registration Display

Current through Reg. 49, No. 28; July 12, 2024
(a) In-person
					 sales. A crafted precious metal dealer's registration must be prominently
					 displayed in any location where the dealer purchases crafted precious metal
					 from the public. The registration must be in a conspicuous location visible to
					 the public.
(b) Internet sales. For
					 business conducted through the Internet, a crafted precious metal dealer must
					 fulfill one of the following two options on the dealer's website and on any
					 website where the dealer advertises to the public:
(1) include a complete copy of its
					 registration in a prominent and conspicuous location which may be accessible
					 via a direct link; or
(2) include
					 the following information in a prominent and conspicuous location:
(A) name of the registered business followed
					 by the phrase "crafted precious metal dealer";
(B) registration certificate number of the
					 dealer;
(C) address of the
					 permanent registered location of the dealer; and
(D) a statement that the registered business
					 is regulated by the Office of Consumer Credit Commissioner, 2601 North Lamar
					 Boulevard, Austin, Texas 78705-4207.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter B - RULES FOR CRAFTED PRECIOUS METAL DEALERS › Division 1 - REGISTRATION PROCEDURES › Section 85.1007 - Registration Term, Renewal, and Expiration

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally. An initial registration for a
					 permanent location is effective from the date of its issuance until December
					 31. For each calendar year following the initial registration for a permanent
					 registered location, a crafted precious metal dealer must renew the
					 registration annually. A registration for a permanent registered location
					 expires on December 31 of each year. After renewal, a registration is effective
					 for a term of one year, from January 1 to December 31.
(b) Renewal procedure. A crafted precious
					 metal dealer may renew its registration for a permanent registered location by
					 providing the following:
(1) the fees
					 required by §
												RSA 85.1011 of this title
					 (relating to Fees); and
(2) any
					 information required by the OCCC.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter B - RULES FOR CRAFTED PRECIOUS METAL DEALERS › Division 1 - REGISTRATION PROCEDURES › Section 85.1008 - Temporary Location Amendments

Current through Reg. 49, No. 28; July 12, 2024
A dealer may amend a registration to relocate a temporary
						location after the initial application. In order to amend its registration, a
						dealer must provide:
(1) the fee
					 required by §
											RSA 85.1011 of this title
					 (relating to Fees);
(2) the
					 approximate dates of operation for each temporary location; and
(3) the name of the person responsible for
					 on-site operations and compliance with applicable laws at each temporary
					 location.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter B - RULES FOR CRAFTED PRECIOUS METAL DEALERS › Division 1 - REGISTRATION PROCEDURES › Section 85.1009 - Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) The OCCC may
					 revoke the registration of a registered crafted precious metal dealer if the
					 dealer violates Texas Occupations Code, Chapter 1956.
(b) Upon receiving notice of revocation under
					 this section, an affected person may request a hearing before the OCCC. The
					 hearing will be conducted under the Administrative Procedure Act, Texas
					 Government Code, Chapter 2001, and the rules of procedure applicable under
					 §
											RSA
					 9.1(a) of this title
					 (relating to Application, Construction, and Definitions).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter B - RULES FOR CRAFTED PRECIOUS METAL DEALERS › Division 1 - REGISTRATION PROCEDURES › Section 85.1010 - New Registration After Revocation

Current through Reg. 49, No. 28; July 12, 2024
A crafted precious metal dealer whose registration has
						been revoked may not reapply prior to the passage of at least five years from
						the date of revocation. A dealer whose registration was revoked must follow the
						procedures set forth in §
											RSA
						85.1002 of this title (relating to Filing of
						New Application).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter B - RULES FOR CRAFTED PRECIOUS METAL DEALERS › Division 1 - REGISTRATION PROCEDURES › Section 85.1011 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Fee for
					 permanent registered locations. In connection with a new application or an
					 annual renewal, a crafted precious metal dealer must pay a $70 fee for each
					 permanent registered location.
(b)
					 Fee for temporary locations. In connection with a new application for a
					 temporary location, a crafted precious metal dealer must pay a $45 fee for each
					 temporary location.
(c) Amendments
					 to permanent registered location. In order to amend a registration by changing
					 the assumed name of the registrant or relocating a permanent registered
					 location, a crafted precious metal dealer must pay a $25 fee.
(d) Amendments to temporary location. In
					 order to amend a registration by relocating a temporary location, a crafted
					 precious metal dealer must pay a fee of $25 for each amended
					 location.
(e) Fees nonrefundable,
					 nontransferable, and not prorated. All fees paid relating to a crafted precious
					 metal dealer's registration with the OCCC are nonrefundable and
					 nontransferable. All fees are fixed and will not be prorated based on the date
					 of the dealer's application.
(f)
					 Nonsufficient funds fee. As provided by Texas Business and Commerce Code,
					 §
											RSA
					 3.506, the OCCC may charge a fee for
					 nonsufficient funds if an applicant provides a payment device that is
					 dishonored.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 85 - PAWNSHOPS AND CRAFTED PRECIOUS METAL DEALERS › Subchapter B - RULES FOR CRAFTED PRECIOUS METAL DEALERS › Division 2 - OPERATIONAL REQUIREMENTS › Section 85.2002 - Submission of Transaction Report Form and Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Copy to seller required. The dealer must
					 provide a complete copy of the transaction report form and any images used
					 under §
											RSA
					 85.2001(a)(9)(B) of this
					 title (relating to Transaction Report Form and Records) to the seller with
					 respect to that seller's transaction.
(b) Paper or electronic submission. Within 48
					 hours of each transaction, the dealer must submit, in a manner approved by
					 local law enforcement, either:
(1) a printed
					 copy of the transaction report form and any images used under §
												RSA
					 85.2001(a)(9)(B) of this
					 title to local law enforcement; or
(2) an electronic copy of the transaction
					 report form and any images used under §
												RSA
					 85.2001(a)(9)(B) of this
					 title to local law enforcement.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 86 - RETAIL CREDITORS › Subchapter A - REGISTRATION OF RETAIL CREDITORS › Section 86.101 - Consumer Notifications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  OCCC notice. When a written contract or agreement is made under the authority
				  of Texas Finance Code, Chapter 345, 347, or 348, the contract must contain as a
				  separate section or otherwise conspicuously set out from the surrounding
				  written material, the following statement: "For questions or complaints about
				  this contract, contact (insert name of creditor) at (insert creditor's phone
				  number and, at creditor's option, one or more of the following: mailing
				  address, fax number, website, e-mail address). The Office of Consumer Credit
				  Commissioner (OCCC) is a state agency, and it enforces certain laws that apply
				  to this contract. If a complaint or question cannot be resolved by contacting
				  the creditor, consumers can contact the OCCC to file a complaint or ask a
				  general credit-related question. OCCC address: 2601 N. Lamar Blvd., Austin,
				  Texas 78705. Phone: (800) 538-1579. Fax: (512) 936-7610. Website:
				  occc.texas.gov. E-mail: consumer.complaints@occc.texas.gov."
(b) Creditor information. The telephone
				  number of the retail seller, creditor, or holder may be printed in conjunction
				  with the name and address of the retail seller, creditor, or holder elsewhere
				  on the contract or agreement provided the notice in subsection (a) of this
				  section is amended to direct the reader's attention to the area of the contract
				  where the telephone number may be found.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 86 - RETAIL CREDITORS › Subchapter A - REGISTRATION OF RETAIL CREDITORS › Section 86.102 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Locations
				  requiring registration. An annual registration fee is required for each
				  location operated by a retail seller, creditor, holder or assignee.
(b) Annual fee. An annual fee is required
				  under the provisions of Texas Finance Code, §
										345.351 or §
										347.451 and will be
				  payable as follows:
(1) The annual fee is $10
				  for a registration under Texas Finance Code, Chapter 345.
(2) The annual fee is $15 for a registration
				  under Texas Finance Code, Chapter 347.
(3) A retail seller, creditor, holder, or
				  assignee must pay an annual fee for every chapter under which business is
				  conducted.
(4) The registration is
				  not transferable between locations. A retail seller, creditor, holder, or
				  assignee must obtain a registration for each new location.
(5) No annual fee is required for a location
				  operated by a retail seller, creditor, holder, or assignee operating under the
				  provisions of Texas Finance Code, Chapter 345 or 347, provided the personnel at
				  the location are not conducting regulated business with the consumer (e.g.,
				  storage, web-hosting, or data processing facility).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 86 - RETAIL CREDITORS › Subchapter A - REGISTRATION OF RETAIL CREDITORS › Section 86.103 - Registration Term, Renewal, and Expiration

Current through Reg. 49, No. 28; July 12, 2024
(a) Registration
				  term and renewal. An initial registration is effective from the date of its
				  issuance until November 30. A registration must be renewed annually to remain
				  effective. After renewal, a registration is effective for a term of one year,
				  from December 1 of a calendar year to November 30 of the next calendar
				  year.
(b) Due date for annual fee.
				  The annual fee described by §
										86.102(b) of this
				  title (relating to Fees) is due by November 30 of each year.
(c) Expiration. If a registrant does not pay
				  the annual fee, the registration will expire on November 30.
(d) Late renewal. A person may renew an
				  expired registration by December 30 by paying the annual fee. In order to renew
				  an expired registration after December 30, a person must pay any registration
				  fee for a prior year and the late filing fee described by §
										86.102 of this title.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 86 - RETAIL CREDITORS › Subchapter B - RETAIL INSTALLMENT CONTRACT › Section 86.201 - Documentary Fee

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to specify the maximum documentary fee in a retail
				  installment transaction for the sale of a motorcycle, moped, all-terrain
				  vehicle, boat, boat motor, boat trailer, or towable recreational vehicle, as
				  provided by Texas Finance Code, §
										RSA 345.251.
(b) Definitions.
(1) All-terrain vehicle--Has the meaning
				  provided by Texas Transportation Code, §
											RSA
				  551A.001(1).
(2) Boat--A vessel, as described by Texas
				  Parks and Wildlife Code, §
											RSA
				  31.003(2).
(3) Boat motor--An outboard motor, as
				  described by Texas Parks and Wildlife Code, §
											RSA
				  31.003(13).
(4) Covered land vehicle--A motorcycle,
				  moped, all-terrain vehicle, boat trailer, or towable recreational
				  vehicle.
(5) Covered watercraft--A
				  boat or boat motor.
(6) Moped--Has
				  the meaning provided by Texas Transportation Code, §
											RSA
				  541.201(8).
(7) Motorcycle--Has the meaning provided by
				  Texas Transportation Code, §
											RSA
				  541.201(9).
(8) Retail installment contract--Has the
				  meaning provided by Texas Finance Code, §
											RSA
				  345.001(6) and refers to one
				  or more instruments entered into that evidence a secured or unsecured retail
				  installment transaction for the sale of goods under Texas Finance Code, Chapter
				  345.
(9) Towable recreational
				  vehicle--Has the meaning provided by Texas Finance Code, §
											RSA 348.001
				  (10-a).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 86 - RETAIL CREDITORS › Subchapter B - RETAIL INSTALLMENT CONTRACT › Section 86.202 - Debt Cancellation Agreements

Current through Reg. 49, No. 28; July 12, 2024
A debt cancellation agreement for a retail installment
					 contract involving the purchase of a covered vehicle described by Texas Finance
					 Code, § 354.001(2), including a motorcycle, recreational vehicle,
					 all-terrain vehicle, camper, boat, personal watercraft, or personal watercraft
					 trailer, is subject to the submission requirements and appeal procedures of
					 §
										RSA
					 84.309 of this title (relating to Debt
					 Cancellation Agreements Requiring Insurance).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 87 - TAX REFUND ANTICIPATION LOANS › Subchapter A - REGISTRATION PROCEDURES › Section 87.102 - Filing of New Application

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  New application. An application for issuance of a new tax refund anticipation
				  loan facilitator registration must be submitted in accordance with the
				  instructions of the Office of Consumer Credit Commissioner (OCCC).
(b) Required information. The application
				  must include the following required information. All questions must be
				  answered.
(1) Application for Registration of
				  Tax Refund Anticipation Loan Facilitator.
(A)
				  Each location in this state at which e-file providers authorized by the
				  Internal Revenue Service file tax returns on behalf of borrowers for whom the
				  facilitator acts to allow the making of a tax refund anticipation loan must be
				  separately registered.
(B) The
				  person responsible for the day-to-day operation of the applicant's proposed
				  business location must be named.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 87 - TAX REFUND ANTICIPATION LOANS › Subchapter A - REGISTRATION PROCEDURES › Section 87.103 - Completion of Application and Effective Period of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Complete
				  application. An application is complete when it:
(1) conforms to the rules and the published
				  instructions of the Office of Consumer Credit Commissioner (OCCC);
(2) all fees have been paid; and
(3) all requests for additional information
				  have been satisfied.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 87 - TAX REFUND ANTICIPATION LOANS › Subchapter A - REGISTRATION PROCEDURES › Section 87.104 - Relocation of Registered Location

Current through Reg. 49, No. 28; July 12, 2024
A registered tax refund anticipation loan facilitator may
					 move the business office from the registered location to any other location by
					 giving notice of intended relocation to the Office of Consumer Credit
					 Commissioner (OCCC) . The notice must include the present address of the
					 registered location, the contemplated new address of the registered location,
					 and the approximate date of relocation.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 87 - TAX REFUND ANTICIPATION LOANS › Subchapter A - REGISTRATION PROCEDURES › Section 87.105 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) New
				  registrations. For a new registration, the applicant must pay a $50
				  nonrefundable fee for each registered location .
(b) Registration amendments. A registered
				  facilitator must pay a fee of $25 to amend a registration by changing the
				  assumed name of the registrant or relocating an office.
(c) Renewals. For a renewal, the registered
				  facilitator must pay an annual fixed fee of $50 for each registered
				  location.
(d) Late filing fee. As
				  provided by Texas Finance Code, §
										RSA
				  349.302(b), a facilitator
				  must pay a $250 late filing fee for each registered location if the
				  facilitator:
(1) obtains a new registration
				  after the facilitator has begun engaging in business as a facilitator; or
(2) obtains a renewal for the
				  current year after January 30.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 87 - TAX REFUND ANTICIPATION LOANS › Subchapter A - REGISTRATION PROCEDURES › Section 87.106 - Applications and Notices as Public Records

Current through Reg. 49, No. 28; July 12, 2024
Once a registration application or notice is filed with the
					 Office of Consumer Credit Commissioner (OCCC), it becomes a "state record"
					 under Texas Government Code, §
										RSA
					 441.180(11), and "public
					 information" under Government Code, §
										RSA
					 552.002. Under Government Code, §§
										RSA
					 441.190,
					 RSA
					 441.191 and
					 RSA
					 552.004, the original applications and
					 notices must be preserved as "state records" and "public information" unless
					 destroyed with the approval of the director and librarian of the State Archives
					 and Library Commission under Government Code, §
										RSA
					 441.187. Under Government Code, §
										RSA
					 441.191, the OCCC may not return any original
					 documents associated with a tax refund anticipation loan facilitator
					 application or notice to the applicant or registered facilitator. An individual
					 may request copies of a state record under the authority of the Texas Public
					 Information Act, Government Code, Chapter 552.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 87 - TAX REFUND ANTICIPATION LOANS › Subchapter A - REGISTRATION PROCEDURES › Section 87.107 - Registration Term, Renewal, and Expiration

Current through Reg. 49, No. 28; July 12, 2024
(a) Registration term and renewal. An initial
				  registration is effective from the date of its issuance until December 31. A
				  registration must be renewed annually to remain effective. After renewal, a
				  registration is effective for a term of one year, from January 1 to December
				  31.
(b) Renewal requirements. A
				  registered tax refund anticipation loan facilitator may renew its registration
				  by providing the following:
(1) the renewal
				  fees required by §
											RSA
				  87.105(c) of this title
				  (relating to Fees);
(2) any late
				  filing fees required by §
											RSA
				  87.105(d) of this title;
				  and
(3) any other information
				  required by the OCCC.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 87 - TAX REFUND ANTICIPATION LOANS › Subchapter B - DISCLOSURES › Section 87.201 - OCCC Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Required
				  notice. A refund anticipation loan facilitator must provide the following
				  notice to each consumer: "For questions or complaints about this transaction,
				  contact the loan facilitator, (insert name of facilitator), at (insert
				  facilitator's phone number and, at facilitator's option, one or more of the
				  following: mailing address, fax number, website, e-mail address). The Office of
				  Consumer Credit Commissioner (OCCC) is a state agency, and it enforces certain
				  laws that apply to the facilitator. If a complaint or question cannot be
				  resolved by contacting the facilitator, consumers can contact the OCCC to file
				  a complaint or ask a general credit-related question. OCCC address: 2601 N.
				  Lamar Blvd., Austin, Texas 78705. Phone: (800) 538-1579. Fax: (512) 936-7610.
				  Website: occc.texas.gov. E-mail: consumer.complaints@occc.texas.gov."
(b) Location of notice. A
				  facilitator must provide the notice described by subsection (a) by one or both
				  of the following methods:
(1) including the
				  notice on each privacy notice that the facilitator is required to provide to a
				  consumer under state or federal law; or
(2) including the notice on each written
				  disclosure that the facilitator is required to provide to a borrower under
				  Texas Finance Code, §
											RSA
				  352.004.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 88 - CONSUMER DEBT MANAGEMENT SERVICES › Subchapter A - REGISTRATION PROCEDURES › Section 88.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Words and terms used in this chapter that are defined in
					 Texas Finance Code, Chapter 394, Subchapter C, have the same meanings as
					 defined in Chapter 394. The following terms, when used in this chapter, will
					 have the following meaning, unless the context clearly indicates
					 otherwise.
(1) Commissioner--The
				  Consumer Credit Commissioner of the State of Texas.
(2) OCCC--The Office of Consumer Credit
				  Commissioner.
(3) Principal
				  party--All adult individuals with a substantial relationship to the proposed
				  debt management services business of the applicant. Individuals with a
				  substantial relationship to the proposed debt management services business of
				  the applicant include:
(A) corporate
				  officers, including the Chief Executive Officer or President, the Chief
				  Financial Officer or Treasurer, and those with substantial responsibility for
				  debt management services operations or compliance with the Finance
				  Code;
(B) shareholders owning 10%
				  or more of the outstanding voting stock; or
(C) owners, trustees, or governing persons of
				  other organizational entities applying for registration under this
				  chapter.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 88 - CONSUMER DEBT MANAGEMENT SERVICES › Subchapter A - REGISTRATION PROCEDURES › Section 88.102 - Filing of New Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  application for issuance of a new debt management services provider
				  registration must be submitted as prescribed by the OCCC at the date of filing
				  and in accordance with the OCCC's instructions. Applications may be submitted
				  electronically.
(b) The application
				  must include the following required forms and filings. All questions must be
				  answered.
(1) Application for registration.
(A) Required names and addresses. An
				  applicant for a debt management services provider registration must provide the
				  following:
(i) the applicant's
				  name;
(ii) all other names under
				  which the applicant conducts business;
(iii) a physical street address for the
				  applicant's principal business address and that location's telephone
				  number;
(iv) the address of each
				  location in this state at which the applicant will provide debt management
				  services, or if the applicant will have no such location, a statement to that
				  effect;
(v) all other business
				  addresses of the applicant in this state;
(vi) the e-mail address of the applicant's
				  responsible person listed in subparagraph (B) of this paragraph; and
(vii) the applicant's primary Internet
				  website address.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 88 - CONSUMER DEBT MANAGEMENT SERVICES › Subchapter A - REGISTRATION PROCEDURES › Section 88.103 - Processing of Application

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Initial review. The agency will generally respond to incomplete applications
				  within 14 calendar days of receipt stating that the application is incomplete
				  and specifying the information required for acceptance.
(b) Complete application. An application is
				  complete when:
(1) it conforms to the rules
				  and the OCCC's published instructions;
(2) all fees have been paid; and
(3) all requests for additional information
				  have been satisfied.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 88 - CONSUMER DEBT MANAGEMENT SERVICES › Subchapter A - REGISTRATION PROCEDURES › Section 88.104 - Updating Application and Contact Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicant's updates to registered
				  provider application information. Before an application for registration is
				  approved, an applicant must report to the OCCC any information that would
				  require a materially different answer than that given in the original
				  registered provider application and which relates to the qualifications for
				  registration within 14 calendar days after the person has knowledge of the
				  information.
(b) Registrant's
				  updates to registration application information. A registrant must report to
				  the OCCC any information that would require a different answer than that given
				  in the original registration application within 30 calendar days after the
				  registrant has knowledge of the information, if the information relates to any
				  of the following:
(1) the name or any
				  operating name of the registrant;
(2) the location of any additional
				  offices;
(3) the registrant's
				  website address;
(4) the names of
				  principal parties;
(5) criminal
				  history;
(6) actions by regulatory
				  agencies; or
(7) court
				  judgments.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 88 - CONSUMER DEBT MANAGEMENT SERVICES › Subchapter A - REGISTRATION PROCEDURES › Section 88.105 - Relocation of Registered Provider Location

Current through Reg. 49, No. 28; July 12, 2024
A registered provider may move the business office from the
					 registered provider location to any other location by giving notice of intended
					 relocation to the OCCC. The notice must include the present address of the
					 registered provider location, the contemplated new address of the registered
					 provider location, and the approximate date of relocation.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 88 - CONSUMER DEBT MANAGEMENT SERVICES › Subchapter A - REGISTRATION PROCEDURES › Section 88.107 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) New
				  registrations. A $250 nonrefundable investigation fee is assessed each time an
				  application for a new registration under this chapter is filed.
(b) Fingerprint processing. An applicant must
				  pay a fee to a party designated by the Texas Department of Public Safety for
				  processing fingerprints. The Texas Department of Public Safety and the
				  designated party determine the amount of the fee and whether it is
				  refundable.
(c) Registration
				  amendments. A fee of $25 must be paid each time a registered provider amends a
				  registration by changing the assumed name of the registered provider or
				  relocating the registered provider location.
(d) Registration duplicates sent by mail. The
				  fee for a registration duplicate to be sent by mail is $10.
(e) Costs of hearings. The commissioner may
				  assess the costs of an administrative appeal pursuant to Texas Finance Code,
				  §
										RSA
				  14.207 for a hearing afforded under §
										RSA
				  88.103 of this title (relating to Processing
				  of Application), including the cost of the administrative law judge, the court
				  reporter, attorney's fees, or investigative costs, if applicable.
(f) Annual assessments. An annual fixed fee
				  not to exceed $430 is required for each registered debt management services
				  provider.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 88 - CONSUMER DEBT MANAGEMENT SERVICES › Subchapter A - REGISTRATION PROCEDURES › Section 88.108 - Applications and Notices as Public Records

Current through Reg. 49, No. 28; July 12, 2024
Once a registration application or notice is filed with the
					 OCCC, it becomes a "state record" under Texas Government Code, §
					 441.180(11), and "public information" under Government Code, § 552.002.
					 Under Government Code, §§ 441.190, 441.191 and 552.004, the original
					 applications and notices must be preserved as "state records" and "public
					 information" unless destroyed with the approval of the director and librarian
					 of the Texas State Library and Archives Commission under Government Code,
					 § 441.187. Under Government Code, § 441.191, the OCCC may not return
					 any original documents associated with a debt management services provider
					 application or notice to the applicant or registered provider. An individual
					 may request copies of a state record under the authority of the Texas Public
					 Information Act, Government Code, Chapter 552.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 88 - CONSUMER DEBT MANAGEMENT SERVICES › Subchapter A - REGISTRATION PROCEDURES › Section 88.109 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The rules
				  contained in this chapter of this title are applicable to a provider as defined
				  by Texas Finance Code, §
										RSA
				  394.202(10).
(b) The rules contained in this chapter of
				  this title do not apply to:
(1) the
				  exceptions as provided by Texas Finance Code, §
											RSA 394.203;
				  or
(2) transactions subject to the
				  Money Services Act, Texas Finance Code, Chapter 151.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 88 - CONSUMER DEBT MANAGEMENT SERVICES › Subchapter A - REGISTRATION PROCEDURES › Section 88.110 - Denial, Suspension, or Revocation Based on Criminal History

Current through Reg. 49, No. 28; July 12, 2024
(a) Criminal
				  history record information. After an applicant submits a complete registration
				  application, including all required fingerprints, and pays the fees required by
				  §
										RSA 88.107 of this title
				  (relating to Fees), the OCCC will investigate the applicant. The OCCC will
				  obtain criminal history record information from the Texas Department of Public
				  Safety and the Federal Bureau of Investigation based on the applicant's
				  fingerprint submission. The OCCC will continue to receive information on new
				  criminal activity reported after the fingerprints have been initially
				  processed.
(b) Disclosure of
				  criminal history. The applicant must disclose all criminal history information
				  required to file a complete application with the OCCC. Failure to provide any
				  information required as part of the application or requested by the OCCC
				  reflects negatively on the belief that the business will be operated lawfully
				  and fairly. The OCCC may request additional criminal history information from
				  the applicant, including the following:
(1)
				  information about arrests, charges, indictments, and convictions;
(2) reliable documents or testimony necessary
				  to make a determination under subsection (c) of this section, including letters
				  of recommendation from prosecution, law enforcement, and correctional
				  authorities;
(3) proof that the
				  applicant has maintained a record of steady employment, has supported the
				  applicant's dependents, and has otherwise maintained a record of good conduct;
				  and
(4) proof that all outstanding
				  court costs, supervision fees, fines, and restitution as may have been ordered
				  have been paid or are current.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 88 - CONSUMER DEBT MANAGEMENT SERVICES › Subchapter B - ANNUAL REQUIREMENTS › Section 88.201 - Registration Term, Renewal, and Expiration

Current through Reg. 49, No. 28; July 12, 2024
(a) Registration term and renewal. An initial
				  registration is effective from the date of its issuance until January 31. A
				  registration must be renewed annually to remain effective. After renewal, a
				  registration is effective for a term of one year, from February 1 of a calendar
				  year to January 31 of the next calendar year.
(b) Renewal requirements. A registered debt
				  management services provider may renew its registration by providing the
				  following:
(1) an annual report, according to
				  §
											RSA 88.202 of this
				  title (relating to Annual Report);
(2) the annual fee required by §
											RSA
				  88.107(f) of this title
				  (relating to Fees); and
(3) any
				  other information required by the OCCC.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 88 - CONSUMER DEBT MANAGEMENT SERVICES › Subchapter B - ANNUAL REQUIREMENTS › Section 88.202 - Annual Report

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  requirement. Each authorized debt management services provider must file an
				  annual report under this section and must comply with all instructions from the
				  OCCC relating to submitting the report.
(b) Annual report. Each year, at the time of
				  annual renewal, an authorized debt management services provider must file with
				  the OCCC, in a form prescribed by the OCCC, a report that contains the
				  following:
(1) if the provider is a nonprofit
				  or tax exempt organization, the assets and liabilities at the beginning and end
				  of the reporting period, as required by Texas Finance Code, §
											RSA
				  394.205(b)(1);
(2) the total number of debt management plans
				  the provider has initiated on behalf of consumers in Texas during the reporting
				  period, as required by Texas Finance Code, §
											RSA
				  394.205(b)(2);
(3) the total and average fees charged to
				  consumers, including all voluntary contributions received from consumers, as
				  required by Texas Finance Code, §
											RSA
				  394.205(b)(3); and
(4) if the provider has initiated one or more
				  debt management plans during the reporting period, a statement of whether the
				  provider provided individualized counseling to each consumer through the
				  services of an independently certified counselor, as required by Texas Finance
				  Code, §
											RSA
				  394.208(a)(1).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 88 - CONSUMER DEBT MANAGEMENT SERVICES › Subchapter C - OPERATIONAL REQUIREMENTS › Section 88.302 - Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally. A
				  provider must maintain records required by Texas Finance Code, § 394.205
				  by using either a paper or manual recordkeeping system, electronic
				  recordkeeping system, or optically imaged recordkeeping system unless otherwise
				  specified by statute or regulation. All required books and records must be
				  reasonably available for inspection at any time by OCCC staff.
(b) Availability of records. The OCCC may
				  require that the provider make records available in the State of Texas for
				  examination purposes.
(c) Debt
				  management plan file. A licensee must maintain a paper or electronic file for
				  each individual debt management plan under Texas Finance Code, Chapter 394, or
				  be able to produce this information within a reasonable amount of time. The
				  file must be maintained for at least three years after the date of the last
				  service on the plan, as provided by Texas Finance Code, § 394.205(a). The
				  file must include the following documentation for each debt management plan:
(1) the written debt management services
				  agreement described by Texas Finance Code, § 394.209;
(2) any written educational information
				  provided to the consumer under Texas Finance Code, §
				  394.208(a)(1);
(3) the
				  individualized financial analysis and initial debt management plan described by
				  Texas Finance Code, § 394.208(a)(2);
(4) an account history showing each payment
				  made by the consumer, each amount charged by the provider, and each amount that
				  the provider has disbursed to a creditor;
(5) any privacy notice provided under the
				  Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6809, and Regulation P, 16
				  C.F.R. Part 1016;
(6) any document
				  signed by the consumer in connection with the plan;
(7) any other documentation created or
				  obtained by the provider in connection with the debt management
				  plan.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 88 - CONSUMER DEBT MANAGEMENT SERVICES › Subchapter C - OPERATIONAL REQUIREMENTS › Section 88.304 - Credit Counseling Standards

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For purposes of Texas Finance Code, §
										RSA
				  394.202(2) and §
										RSA
				  394.208(a)(2), a provider
				  must be accredited by an independent, third-party accreditation organization
				  that covers, at a minimum, competency in the following core areas:
(1) service environment and
				  planning;
(2) service accessibility
				  and delivery;
(3) training and
				  supervision;
(4) quality management
				  and improvement;
(5) ethical
				  standards; and
(6) financial
				  education.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 88 - CONSUMER DEBT MANAGEMENT SERVICES › Subchapter C - OPERATIONAL REQUIREMENTS › Section 88.305 - Prohibited Acts and Practices

Current through Reg. 49, No. 28; July 12, 2024
It is not a prohibited practice for a provider to, as an
					 incidental consequence of managing the trust account and debt obligations, pay
					 an obligation for a consumer that the consumer does not have a sufficient
					 deposit to cover, when no fee is associated with the payment. A payment under
					 these conditions does not constitute lending money to the consumer under Texas
					 Finance Code, §
										RSA
					 394.212(3).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 88 - CONSUMER DEBT MANAGEMENT SERVICES › Subchapter C - OPERATIONAL REQUIREMENTS › Section 88.306 - Fees for Debt Management Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Limitation on fees. The maximum fees for
				  debt management services are described by Texas Finance Code, §
										RSA 394.210. A
				  provider may not impose a fee or other charge, or receive payment from a
				  consumer or other person on behalf of a consumer, except as allowed under Texas
				  Finance Code, §
										RSA
				  394.210.
(b) Fees for unrelated services. A provider
				  may not charge a consumer for or provide credit or other insurance, coupons for
				  goods or services, membership in a club, access to computers or the Internet,
				  or any other matter not directly related to debt management services or
				  educational services concerning personal finance.
(c) Adjustment of fee amounts. As provided by
				  Texas Finance Code §
										RSA
				  394.2101, the OCCC will periodically compute
				  and publish dollar amounts of fees specified in Texas Finance Code, §
										RSA 394.210, to
				  reflect inflation as measured by the Consumer Price Index for All Urban
				  Consumers. These adjustments will be published on the OCCC's website. For
				  purposes of these adjustments, the OCCC has adopted 2011 as a base
				  year.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 88 - CONSUMER DEBT MANAGEMENT SERVICES › Subchapter C - OPERATIONAL REQUIREMENTS › Section 88.307 - Consumer Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Required
				  counseling for consumers who enter into debt management services agreements. In
				  conjunction with entering into a debt management services agreement with a
				  consumer, the provider's credit counselors must provide education to the
				  consumer regarding budget analysis and credit counseling services that include:
(1) an outline of available opportunities to
				  resolve the consumer's credit problems;
(2) an analysis of the consumer's current
				  financial condition;
(3) discussion
				  of the factors that caused such financial condition;
(4) assistance in developing options in
				  responding to the consumer's problems without incurring negative amortization
				  of debt; and
(5) information and
				  instruction on the following topics:
(A)
				  budget development;
(B) money
				  management; and
(C) wise use of
				  credit.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 5 - OFFICE OF CONSUMER CREDIT COMMISSIONER › Chapter 89 - PROPERTY TAX LENDERS › Subchapter A - GENERAL PROVISIONS › Section 89.101 - Purpose, Scope, and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The purpose of this chapter is to assist in the administration and
				  enforcement of Texas Finance Code, Chapter 351, Property Tax Lenders, known as
				  the "Property Tax Lender License Act" (
				  Acts
				  2007, 80th Leg., ch.
				  1220 ).
(b) Scope. This chapter applies to all
				  persons engaged in the business of making, transacting, or negotiating property
				  tax loans subject to Texas Finance Code, Chapter 351, Property Tax Lenders,
				  known as the "Property Tax Lender License Act." As such, this chapter only
				  applies to lenders in the business of making, transacting or negotiating
				  property tax loans that:
(1) are secured by a
				  special lien against property transferred from a taxing unit to the property
				  tax lender; and
(2) may be further
				  secured by the lien or security interest created by a deed of trust, security
				  deed, or other security instrument.