S.B. No. 1371         AN ACT   relating to the regulation of consumer credit transactions and the   regulatory authority of the consumer credit commissioner; changing   a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 393.628, Finance Code, is transferred to   Subchapter C, Chapter 14, Finance Code, redesignated as Section   14.113, Finance Code, and amended to read as follows:          Sec. 14.113 [393.628].  TEXAS FINANCIAL EDUCATION   ENDOWMENT. (a) As part of the licensing fee and procedures   described under Subchapter G, Chapter 393 [this subchapter], each   credit access business or [license] holder of a credit access   business license shall pay to the commissioner an annual assessment   to improve consumer credit, financial education, and   asset-building opportunities in this state. The annual assessment   may not exceed $200 for each license as specified by the finance   commission.          (b)  The commissioner shall remit to the comptroller amounts   received under Subsection (a) for deposit in an interest-bearing   deposit account in the Texas Treasury Safekeeping Trust Company.   Money in the account may be spent by the finance commission only for   the purposes provided by this section. Amounts in the account may   be invested and reinvested under the prudent person standard   described by Section 11b, Article VII, Texas Constitution [in the   same manner as funds of the Employees Retirement System of Texas],   and the interest from those investments shall be deposited to the   credit of the account.          (b-1)  The expenses of managing the investments may be paid   from the deposit account described by Subsection (b).          (c)  The Texas Financial Education Endowment shall be   administered by the finance commission to support statewide   financial education and consumer credit building activities and   programs, including:                (1)  production and dissemination of approved   financial education materials at licensed locations;                (2)  advertising, marketing, and public awareness   campaigns to improve the credit profiles and credit scores of   consumers in this state;                (3)  school and youth-based financial literacy and   capability;                (4)  credit building and credit repair;                (5)  financial coaching and consumer counseling;                (6)  bank account enrollment and incentives for   personal savings; and                (7)  other consumer financial education and   asset-building initiatives as considered appropriate by the   finance commission.          (d)  In implementing this section, the finance commission   may make grants and may solicit gifts, grants, and donations for   this purpose.          (e)  The finance commission may partner with other state   agencies and entities to implement this section.          (f)  The finance commission shall adopt rules to administer   this section.          SECTION 2.  Section 14.209(a), Finance Code, is amended to   read as follows:          (a)  In addition to other remedies for the enforcement of a   restraining order or injunction, the court in which an action is   brought under Section 14.208(c) [14.208(b)] may impound and appoint   a receiver for the defendant's property and business, including a   document relating to the property or business, as the court   considers reasonably necessary to prevent a violation through use   of the property and business.          SECTION 3.  Section 156.554(b), Finance Code, is amended to   read as follows:          (b)  The commissioner:                (1)  may provide grants in an aggregate amount of not   more than $100,000 each year to an auxiliary mortgage loan activity   company or another nonprofit organization for the purposes of:                      (A)  providing to consumers financial education   relating to mortgage loans; and                      (B)  providing to other nonprofit organizations   training in order for those organizations to provide to consumers   financial education relating to mortgage loans;                (2)  shall make disbursements from the fund to pay   claims made under Section 156.555 that meet the requirements for   payment under that section; and                (3)  may make disbursements from the fund to provide   support for statewide financial education, activities, and   programs specifically related to mortgage loans for consumers,   including activities and programs described by Section 14.113(c)   [393.628(c)].          SECTION 4.  Section 180.002(5), Finance Code, is amended to   read as follows:                (5)  "Dwelling" has the meaning assigned by Section   103(w) [103(v)] of the Truth in Lending Act (15 U.S.C. Section   1602(w) [1602(v)]).          SECTION 5.  Section 303.015(c), Finance Code, is amended to   read as follows:          (c)  A variable rate agreement for credit extended primarily   for personal, family, or household use must include the disclosures   identified for variable rate contracts required by regulations   issued by the Federal Reserve Board and the Consumer Financial   Protection Bureau under the Truth in Lending Act (15 U.S.C. Section   1601 et seq.), as amended, except that if that Act does not apply   because of the amount of the transaction, the following disclosure   must be included in a size equal to at least 10-point type that is   boldface, capitalized, underlined, or otherwise set out from   surrounding material so as to be conspicuous:          "NOTICE TO CONSUMER: UNDER TEXAS LAW, IF YOU CONSENT TO THIS   AGREEMENT, YOU MAY BE SUBJECT TO A FUTURE RATE AS HIGH AS 24 PERCENT   PER YEAR."          SECTION 6.  Section 303.402(a), Finance Code, is amended to   read as follows:          (a)  A person who contracts for, charges, or receives under a   contract subject to Chapter 342, 345, 346, 347, 348, or 353,   including a contract for an open-end account, a rate or amount of   interest or time price differential that exceeds the maximum   applicable rate or amount authorized by the applicable chapter or   this chapter is subject to a penalty for that violation determined   under Chapter 349.          SECTION 7.  Sections 308.002(c) and (e), Finance Code, are   amended to read as follows:          (c)  In interpreting this section, an administrative agency   or a court shall be guided by the applicable advertising provisions   of:                (1)  Part C of the Truth in Lending Act [15 U.S.C.   Chapter 41, Subchapter I] (15 U.S.C. Section 1661 [1601] et seq.);                (2)  Regulation Z (12 C.F.R. Parts 226 and 1026) [12   C.F.R. Part 226] adopted by the Board of Governors of the Federal   Reserve System and the Consumer Financial Protection Bureau; and                (3)  the Official Staff Commentary and other   interpretations of that statute and regulation by the Board of   Governors of the Federal Reserve System, the Consumer Financial   Protection Bureau, and the staff of those agencies [its staff].          (e)  A creditor who complies with the Truth in Lending Act   (15 U.S.C. Section 1601 et seq.) and [Federal Reserve] Regulation Z   (12 C.F.R. Parts [Part] 226 and 1026) in advertising a credit   transaction is considered to have fully complied with this section.          SECTION 8.  Section 341.301(a), Finance Code, is amended to   read as follows:          (a)  In each advertisement that purports to offer credit   regulated by this subtitle, Subtitle C, or Chapter 394, the   advertiser shall disclose the legal or registered name of the   advertiser and:                (1)  shall disclose the street address of the   advertiser's place of business unless the advertisement:                      (A)  is located on the premises of the   advertiser's place of business; or                      (B)  is broadcast by radio or television; or                (2)  if the advertisement is broadcast by radio or   television, shall:                      (A)  disclose the telephone number of the   advertiser; and                      (B)  comply with the applicable disclosure   requirements of Regulation Z (12 C.F.R. Parts 226 and 1026) [12   C.F.R. Section 226.1 et seq. (Regulation Z)].          SECTION 9.  Section 341.401(b), Finance Code, is amended to   read as follows:          (b)  In interpreting this section, a court or administrative   agency shall be guided by the Equal Credit Opportunity Act (15   U.S.C. Section 1691 et seq.) and regulations under and   interpretations of that Act by the Federal Reserve Board and the   Consumer Financial Protection Bureau to the extent that Act and   those regulations and interpretations can be made applicable to   conduct prohibited by this section.          SECTION 10.  Section 341.402(b), Finance Code, is amended to   read as follows:          (b)  The liability of a person under this section is instead   of and not in addition to that person's liability under the Equal   Credit Opportunity [Title VII of the Consumer Credit Protection]   Act (15 U.S.C. Section 1691 et seq.). If the same act or omission   violates Section 341.401 and applicable federal law, the person   aggrieved by that conduct may bring a legal action to recover   monetary damages either under this section or under that federal   law, but not both.          SECTION 11.  Section 341.502(a-1), Finance Code, is amended   to read as follows:          (a-1)  If the terms of the agreement for a loan under   Subsection (a) were negotiated in Spanish, a copy of a summary of   those terms and other pertinent information shall be provided to   the debtor in Spanish in a form identical to disclosures required   for a closed-end transaction under 12 C.F.R. Section 1026.18   [226.18].          SECTION 12.  Section 341.602(f), Finance Code, is amended to   read as follows:          (f)  The commissioner shall remit to the comptroller amounts   received under Section 341.603(a) for deposit in an   interest-bearing deposit account in the Texas Treasury Safekeeping   Trust Company. Amounts in the fund may be invested and reinvested   under the prudent person standard described by Section 11b, Article   VII, Texas Constitution [in the same manner as funds of the   Employees Retirement System of Texas], and the interest from those   investments shall be deposited to the credit of the fund. An   investment may not be made under this subsection if the investment   will impair the necessary liquidity required to satisfy payment of   claims [judgments awarded] under this subchapter.          SECTION 13.  Section 342.160, Finance Code, is amended to   read as follows:          Sec. 342.160.  SURRENDER OF LICENSE. A license holder may   surrender a license issued under this chapter by complying with the   commissioner's written instructions relating to license surrender   [delivering to the commissioner:                [(1) the license; and                [(2) a written notice of the license's surrender].          SECTION 14.  Section 342.556(a), Finance Code, is amended to   read as follows:          (a)  An authorized lender shall maintain on file with the   commissioner the name and address of [a written appointment of a   resident of this state as] the lender's registered agent for   service [of all judicial or other process or legal notice, unless   the lender has appointed an agent under another statute of this   state].          SECTION 15.  Section 343.201, Finance Code, is amended to   read as follows:          Sec. 343.201.  DEFINITIONS. In this subchapter:                (1)  "High-cost home loan" means a loan that:                      (A)  is made to one or more individuals for   personal, family, or household purposes;                      (B)  is secured in whole or part by:                            (i)  a manufactured home, as defined by   Section 347.002, used or to be used as the borrower's principal   residence; or                            (ii)  real property improved by a dwelling   designed for occupancy by four or fewer families and used or to be   used as the borrower's principal residence;                      (C)  has a principal amount equal to or less than   one-half of the maximum conventional loan amount for first   mortgages as established and adjusted by the Federal National   Mortgage Association;                      (D)  is not:                            (i)  a reverse mortgage; or                            (ii)  an open-end account, as defined by   Section 301.002; and                      (E)  is a credit transaction described by 12   C.F.R. Section 1026.32 [226.32], as amended, except that the term   includes a residential mortgage transaction, as defined by 12   C.F.R. Section 1026.2 [226.2], as amended, if the total loan amount   is $20,000 or more and:                            (i)  the annual percentage rate exceeds the   rate indicated in 12 C.F.R. Section 1026.32(a)(1)(i)   [226.32(a)(1)(i)], as amended; or                            (ii)  the total points and fees payable by   the consumer at or before loan closing will exceed the amount   indicated in 12 C.F.R. Section 1026.32(a)(1)(ii)   [226.32(a)(1)(ii)], as amended.                (2)  "Points and fees" has the meaning assigned by 12   C.F.R. Section 1026.32(b) [226.32(b)], as amended.          SECTION 16.  Section 345.106, Finance Code, is amended to   read as follows:          Sec. 345.106.  PROCESSING FEE FOR RETURNED CHECK. A retail   charge agreement may provide that the holder of the agreement may:                (1)  charge the retail buyer, on return of a dishonored   check given in payment under the agreement, a reasonable processing   fee that does not exceed the amount prescribed by Section 3.506,   Business & Commerce Code [is not more than $15]; and                (2)  add the fee to the unpaid balance under the   agreement.          SECTION 17.  Section 345.351(a), Finance Code, is amended to   read as follows:          (a)  A holder who is not an authorized lender under Chapter   342 or a credit union shall:                (1)  register with the Office of Consumer Credit   Commissioner; and                (2)  pay a fee in an amount determined under Section   14.107 [of $10] for each location at which a retail installment   transaction is originated, serviced, or collected.          SECTION 18.  Section 347.451(a), Finance Code, is amended to   read as follows:          (a)  A creditor who is not an authorized lender under Chapter   342 or a credit union shall:                (1)  register with the Office of Consumer Credit   Commissioner; and                (2)  pay a fee in an amount determined under Section   14.107 [of $15] for each location at which a credit transaction is   originated, serviced, or collected.          SECTION 19.  Section 348.009(a), Finance Code, is amended to   read as follows:          (a)  The disclosure requirements of Regulation Z (12 C.F.R.   Parts 226 and 1026) [12 C.F.R. Part 226 (Regulation Z)] adopted   under the Truth in Lending Act (15 U.S.C. Section 1601 et seq.) and   specifically 12 C.F.R. Sections [Section] 226.18(f) and   1026.18(f), regarding variable rate disclosures, apply according   to their terms to retail installment transactions.          SECTION 20.  Section 348.404(d), Finance Code, is amended to   read as follows:          (d)  A retail seller may include money advanced under   Subsection (b) in the retail installment contract only if it is   included as an itemized charge and may disclose money advanced   under Subsection (b) in any manner permitted by Regulation Z (12   C.F.R. Parts 226 and 1026) [12 C.F.R. Part 226 (Regulation Z)]   adopted under the Truth in Lending Act (15 U.S.C. Section 1601 et   seq.). Section 349.003 does not apply to this subsection. This   subsection does not create a private right of action. The   commissioner has exclusive jurisdiction to enforce this   subsection.          SECTION 21.  Section 348.510, Finance Code, is amended to   read as follows:          Sec. 348.510.  SURRENDER OF LICENSE. A license holder may   surrender a license issued under this chapter by complying with the   commissioner's written instructions relating to license surrender   [delivering to the commissioner:                [(1) the license; and                [(2) a written notice of the license's surrender].          SECTION 22.  Section 351.0022, Finance Code, is amended to   read as follows:          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.          SECTION 23.  Section 351.160, Finance Code, is amended to   read as follows:          Sec. 351.160.  SURRENDER OF LICENSE. A license holder may   surrender a license issued under this chapter by complying with the   commissioner's written instructions relating to license surrender   [delivering to the commissioner:                [(1) the license; and                [(2) a written notice of the license's surrender].          SECTION 24.  Section 352.006(b), Finance Code, is amended to   read as follows:          (b)  If the commissioner proposes to revoke a registration,   the facilitator is entitled to notice and an opportunity for a   hearing before the commissioner or a hearings officer, who shall   propose a decision to the commissioner. The commissioner or   hearings officer shall prescribe the time and place of the hearing   if the facilitator makes a written request for a hearing not later   than the 30th day after the date on which the order of revocation is   served [20th day after the date the facilitator receives the notice   of the proposed revocation]. The hearing is governed by Chapter   2001, Government Code.          SECTION 25.  Section 353.510, Finance Code, is amended to   read as follows:          Sec. 353.510.  SURRENDER OF LICENSE. A license holder may   surrender a license issued under this chapter by complying with the   commissioner's written instructions relating to license surrender   [delivering to the commissioner:                [(1) the license; and                [(2) a written notice of the license's surrender].          SECTION 26.  Section 371.073(a), Finance Code, is amended to   read as follows:          (a)  A pawnbroker shall maintain on file with the   commissioner the name and address of [a written appointment of a   resident of this state as] the pawnbroker's registered agent for   service of [all judicial or other] process [or legal notice unless   the pawnbroker has appointed an agent under another statute of this   state].          SECTION 27.  Section 371.157, Finance Code, is amended to   read as follows:          Sec. 371.157.  PAWN TICKET. A pawnbroker, at the time a pawn   transaction is entered, shall deliver to the pledgor a pawn ticket   or other memorandum that clearly shows:                (1)  the name and address of the pawnshop;                (2)  the pledgor's name, address, and physical   description and a driver's license number, military identification   number, identification certificate number, or other official   number that can identify the pledgor;                (3)  the date of the transaction;                (4)  an identification and description of the pledged   goods, including serial numbers if reasonably available;                (5)  the amount of cash advanced or credit extended to   the pledgor, designated as "Amount Financed";                (6)  the amount of the pawn service charge, designated   as "Finance Charge";                (7)  the total amount, consisting of the amount   financed plus the finance charge, that must be paid to redeem the   pledged goods on the maturity date, designated as "Total of   Payments";                (8)  the "Annual Percentage Rate," computed according   to Regulation Z (12 C.F.R. Part 1026) adopted [regulations issued]   by the Consumer Financial Protection Bureau [Federal Reserve Board]   under the Truth in Lending Act (15 U.S.C. Section 1601 et seq.), as   amended;                (9)  the maturity date of the pawn transaction; and                (10)  a statement that:                      (A)  the pledgor is not obligated to redeem the   pledged goods; and                      (B)  the pledged goods may be forfeited to the   pawnbroker on the 31st day after the maturity date.          SECTION 28.  Section 371.255, Finance Code, is amended to   read as follows:          Sec. 371.255.  REVOCATION OR SUSPENSION OF PAWNSHOP EMPLOYEE   LICENSE. After notice and opportunity for a hearing, the   commissioner may revoke or suspend a pawnshop employee license if   the commissioner finds that:                (1)  the license holder knowingly or recklessly   violated this chapter or a rule adopted or order issued under this   chapter;                (2)  a fact or condition exists that, if it had existed   or had been known to exist at the time of the original license   application, clearly would have justified refusal to issue the   license; or                (3)  the business repute and general fitness of the   license holder do not warrant belief that the license holder will   operate the business lawfully and fairly within the provisions of   this chapter.          SECTION 29.  Section 371.257(a), Finance Code, is amended to   read as follows:          (a)  The holder of a pawnshop license or a pawnshop employee   license may surrender the license by complying with the   commissioner's written instructions relating to license surrender   [delivering it to the commissioner with written notice of   surrender].          SECTION 30.  Section 393.617, Finance Code, is amended to   read as follows:          Sec. 393.617.  SURRENDER OF LICENSE. A license holder may   surrender a license issued under this subchapter by complying with   the commissioner's written instructions relating to license   surrender [delivering to the commissioner:                [(1)  the license; and                [(2)  a written notice of the license's surrender].          SECTION 31.  Section 394.2101(a), Finance Code, is amended   to read as follows:          (a)  The commissioner shall compute and publish the dollar   amounts of fees or other charges in amounts different from the   amounts of fees or other charges specified in Section 394.210 to   reflect inflation, as measured by the Consumer Price Index for All   Urban Consumers published by the Bureau of Labor Statistics of the   United States Department of Labor or, if that index is not   available, another index adopted by finance commission rule. The   commissioner shall adopt a base year and adjust the dollar amounts,   effective on July 1 of each year, if the change in the index from the   base year, as of December 31 of the preceding year, is at least 10   percent. The dollar amounts [must be rounded to the nearest $100,   except that the amounts of the fees and other charges] specified in   Section 394.210 must be rounded to the nearest dollar.          SECTION 32.  Section 394.212(a), Finance Code, is amended to   read as follows:          (a)  A provider may not:                (1)  purchase a debt or obligation of a consumer;                (2)  receive or charge a fee in the form of a promissory   note or other negotiable instrument other than a check or a draft;                (3)  lend money or provide credit to the consumer;                (4)  obtain a mortgage or other security interest in   property owned by a consumer;                (5)  engage in business with a for-profit business [an]   entity described by Section 394.204(c)(7) [394.204(c)(3)] without   prior consent of the commissioner, except that unless denied,   consent is considered granted 30 days after the date the provider   notifies the commissioner of the intent to engage in business with a   for-profit business entity [an organization] described by Section   394.204(c)(7) [394.204(c)(3)];                (6)  offer, pay, or give a gift, bonus, premium,   reward, or other compensation to a person for entering into a debt   management services agreement;                (7)  represent that the provider is authorized or   competent to furnish legal advice or perform legal services unless   supervised by an attorney as required by State Bar of Texas rules;                (8)  use an unconscionable means to obtain a contract   with a consumer;                (9)  engage in an unfair, deceptive, or unconscionable   act or practice in connection with a service provided to a consumer;   or                (10)  require or attempt to require payment of an   amount that the provider states, discloses, or advertises to be a   voluntary contribution from the consumer.          SECTION 33.  Sections 32.06(d-1) and (f-3), Tax Code, are   amended to read as follows:          (d-1)  A right of rescission described by the Truth in   Lending Act (15 U.S.C. Section 1635) and Regulation Z (12 C.F.R.   Section 1026.23) [12 C.F.R. Section 226.23] applies to a transfer   under this section of a tax lien on residential property owned and   used by the property owner for personal, family, or household   purposes.          (f-3)  Notwithstanding any contractual agreement with the   property owner, the transferee of a tax lien must provide the payoff   information required by this section to the greatest extent   permitted by the Gramm-Leach-Bliley Act (15 U.S.C. Section 6802)   and Regulation P (12 C.F.R. Part 1016) [15 U.S.C. Section 6802 and   12 C.F.R. Part 216]. The payoff statement must meet the   requirements of a payoff statement defined by Section 12.017,   Property Code. A transferee may charge a reasonable fee for a   payoff statement that is requested after an initial payoff   statement is provided. However, a transferee is not required to   release payoff information pursuant to a notice under Subsection   (f-1) unless the notice contains the information prescribed by the   Finance Commission of Texas.          SECTION 34.  The following provisions of the Finance Code   are repealed:                (1)  Section 342.551(c);                (2)  Section 342.556(b);                (3)  Sections 371.006(b), (c), and (d); and                (4)  Section 371.073(b).          SECTION 35.  This Act takes effect September 1, 2023.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1371 passed the Senate on   April 25, 2023, by the following vote:  Yeas 30, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1371 passed the House on   May 9, 2023, by the following vote:  Yeas 128, Nays 14, two   present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor