H.B. No. 955
AN ACT
relating to the regulation of financial businesses and practices; 
providing civil penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
ARTICLE 1.  CONSUMER PROTECTION
	SECTION 1.01.  Subtitle A, Title 4, Finance Code, is amended 
by adding Chapter 308 to read as follows:
CHAPTER 308.  CONSUMER CREDIT PROTECTIONS
	Sec. 308.001.  APPLICABILITY.  This chapter applies to a 
person regularly engaged in the business of extending credit under 
this subtitle primarily for personal, family, or household use and 
not for a business, commercial, investment, or agricultural 
purpose.  This chapter does not apply to a transaction primarily for 
a business, commercial, investment, or agricultural purpose.
	Sec. 308.002.  FALSE, MISLEADING, OR DECEPTIVE ADVERTISING.  
(a)  A creditor 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 credit 
transaction or advertise credit terms that the person does not 
intend to offer to consumers who qualify for those terms.
	(b)  This section does not create a private right of action.            
	(c)  In interpreting this section, an administrative agency 
or a court shall be guided by the applicable advertising provisions 
of:
		(1)  Part C of 15 U.S.C. Chapter 41, Subchapter I (15 
U.S.C. Section 1601 et seq.);
		(2)  12 C.F.R. Part 226 adopted by the Board of 
Governors of the Federal Reserve System; and
		(3)  the Official Staff Commentary and other 
interpretations of that statute and regulation by the Board of 
Governors of the Federal Reserve System and its staff.
	(d)  If a requirement of this section and a requirement of a 
federal law, including a regulation or an interpretation of federal 
law, are inconsistent or in conflict, federal law controls and the 
inconsistent or conflicting requirements of this chapter do not 
apply.
	(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. Part 226) in advertising a credit transaction is 
considered to have fully complied with this section.
	Sec. 308.003.  NO DOUBLE LIABILITY OR ENFORCEMENT FOR SAME 
ACT OR PRACTICE.  A judgment, consent decree, assurance of 
compliance, or other resolution of a claimed violation asserted by 
a federal agency under the Consumer Credit Protection Act (15 
U.S.C. Section 1601 et seq.) bars a subsequent action or other 
enforcement under this chapter with respect to the same act or 
practice.
	SECTION 1.02.  Section 341.402(c), Finance Code, is amended 
to read as follows:
	(c)  In addition to the other liabilities prescribed by this 
section, a person holding a license issued under this subtitle 
[that is held by a person] who violates Section 341.401 is subject 
to revocation or suspension of the license or the assessment of 
civil penalties by the commissioner.
	SECTION 1.03.  Section 341.403(a), Finance Code, is amended 
to read as follows:
	(a)  A person 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 credit 
transaction, including a loan, regulated under this subtitle, 
Subtitle C, or Chapter 394, or advertise credit terms that the 
person does not intend to offer to consumers who qualify for those 
terms.
	SECTION 1.04.  Subtitle B, Title 4, Finance Code, is amended 
by adding Chapter 350 to read as follows:
CHAPTER 350.  REQUIREMENTS AND LIMITATIONS APPLICABLE TO CONSUMER 
CREDITORS NOT LICENSED OR REGISTERED UNDER THIS TITLE
	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.         
	Sec. 350.002.  PREVENTION OF EVASION.  A  person may not use 
any device, subterfuge, or pretense to evade the application of 
this section.
	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.
	Sec. 350.004.  PENALTIES.  Chapter 349 applies to violations 
of this chapter and the rules adopted under this chapter.
ARTICLE 2.  USURY REFORM
	SECTION 2.01.  Section 301.002(4), Finance Code, is amended 
to read as follows:
		(4)  "Interest" means compensation for the use, 
forbearance, or detention of money.  The term does not include time 
price differential, regardless of how it is denominated.  The term 
does not include compensation or other amounts that are determined 
or stated by this code or other applicable law not to constitute 
interest or that are permitted to be contracted for, charged, or 
received in addition to interest in connection with an extension of 
credit.
	SECTION 2.02.  Sections 303.009(a)-(d), Finance Code, are 
amended to read as follows:
	(a)  If [Except as provided by Subsection (e), if] the rate 
computed for the weekly, monthly, quarterly, or annualized ceiling 
is less than 18 percent a year, the ceiling is 18 percent a year.
	(b)  Except as provided by Subsection (c), [(d), or (e),] if 
the rate computed for the weekly, monthly, quarterly, or annualized 
ceiling is more than 24 percent a year, the ceiling is 24 percent a 
year.
	(c)  For a contract made, extended, or renewed under which 
credit is extended for a business, commercial, investment, or 
similar purpose, [and the amount of the credit extension is 
$250,000 or more, the 24-percent limitation on the ceilings in 
Subsection (b) does not apply, and] the limitation on the ceilings 
determined by those computations is 28 percent a year.
	(d)  For an open-end account credit agreement that provides 
for credit card transactions on which a merchant discount is not 
imposed or received by the creditor, [if the rate computed for the 
weekly ceiling, monthly ceiling, quarterly ceiling, or annualized 
ceiling is more than 21 percent a year,] the ceiling is 21 percent a 
year.
	SECTION 2.03.  Subchapter A, Chapter 303, Finance Code, is 
amended by adding Section 303.017 to read as follows:
	Sec. 303.017.  VARIOUS CHARGES ON CONSUMER LOANS MADE BY 
PARTICULAR LENDERS.  Notwithstanding Section 342.005, a bank, 
savings association, savings bank, or credit union making a loan 
primarily for personal, family, or household use under authority of 
this chapter may charge all reasonable expenses and fees incurred 
in connection with making, closing, disbursing, extending, 
readjusting, or renewing a loan not secured by real property, 
whether or not those expenses or fees are paid to third parties.  
Those reasonable expenses and fees paid to third parties are not 
interest.
	SECTION 2.04.  Section 303.201, Finance Code, is amended to 
read as follows: 
	Sec. 303.201.  LICENSE REQUIRED.  A person engaged in the 
business of making loans for personal, family, or household use for 
which the rate is authorized under this chapter must obtain a 
license under Chapter 342 unless the person is not required to 
obtain a license under Section 342.051.
	SECTION 2.05.  Section 305.001, Finance Code, is amended by 
amending Subsection (a) and adding Subsection (a-1) to read as 
follows:
	(a)  A creditor who contracts for, charges, or receives 
interest that is greater than the amount authorized by this 
subtitle in connection with a transaction for personal, family, or 
household use is liable to the obligor for an amount that is equal 
to the greater of:
		(1)  three times the amount computed by subtracting the 
amount of interest allowed by law from the total amount of interest 
contracted for, charged, or received; or
		(2)  $2,000 or 20 percent of the amount of the 
principal, whichever is less.
	(a-1)  A creditor who contracts for or receives interest that 
is greater than the amount authorized by this subtitle in 
connection with a commercial transaction is liable to the obligor 
for an amount that is equal to three times the amount computed by 
subtracting the amount of interest allowed by law from the total 
amount of interest contracted for or received.
	SECTION 2.06.  Section 305.002(b), Finance Code, is amended 
to read as follows:
	(b)  This section applies only to a contract or transaction 
for personal, family, or household use subject to this subtitle.
	SECTION 2.07.  Sections 305.006(b) and (d), Finance Code, 
are amended to read as follows:
	(b)  Not later than the 61st day before the date an obligor 
files a suit seeking penalties for a transaction in which a creditor 
has contracted for, [or] charged, or received usurious interest, 
the obligor shall give the creditor written notice stating in 
reasonable detail the nature and amount of the violation.
	(d)  With respect to [The notice requirement of Subsection 
(b) does not apply to] a defendant filing a counterclaim action 
alleging usurious interest in an original action by the creditor, 
the defendant shall provide notice complying with Subsection (b) at 
the time of filing the counterclaim and, on application of the 
creditor to the court, the action is subject to abatement for a 
period of 60 days from the date of the court order.  During the 
abatement period the creditor may correct a violation.  As part of 
the correction of the violation, the creditor shall offer to pay the 
obligor's reasonable attorney's fees as determined by the court 
based on the hours reasonably expended by the obligor's counsel 
with regard to the alleged violation before the abatement.  A 
creditor who corrects a violation as provided by this subsection is 
not liable to an obligor for the violation.
	SECTION 2.08.  Sections 306.001(2) and (8), Finance Code, 
are amended to read as follows:
		(2)  "Affiliate of an obligor" means a person who 
directly or indirectly, or through one or more intermediaries or 
other entities, owns an interest in, controls, is controlled by, or 
is under common control with the obligor, or a person in which the 
obligor directly or indirectly, or through one or more 
intermediaries or other entities, owns an interest.  In this 
subdivision "control" means the possession, directly or 
indirectly, or with one or more other persons, of the power to 
direct or cause the direction of the management and policies of a 
person, whether through the ownership of voting securities, by 
contract, or otherwise.
		(8)  "Prepayment premium [penalty]" means compensation 
paid by or that is or will become due from an obligor to a creditor 
solely as a result or condition of the payment or maturity of all or 
a portion of the principal amount of a loan before its stated 
maturity or a regularly scheduled date of payment, as a result of 
the obligor's election to pay all or a portion of the principal 
amount before its stated maturity or a regularly scheduled date of 
payment.
	SECTION 2.09.  Section 306.001, Finance Code, is amended by 
adding Subdivision (5-a) and amending Subdivision (9) to read as 
follows:
		(5-a)  "Exempt commercial loan" means a commercial loan 
in which one or more persons as part of the same transaction lends, 
advances, borrows, or receives, or is obligated to lend or advance 
or entitled to borrow or receive, money or credit with an aggregate 
value of:
			(A)  $7 million or more if the commercial loan is 
primarily secured by real property; or
			(B)  $500,000 or more if the commercial loan is 
not primarily secured by real property.
		(9)  "Qualified commercial loan":                                             
			(A)  means:                                                                  
				(i)  a commercial loan in which one or more 
persons as part of the same transaction lends, advances, borrows, 
or receives, or is obligated to lend or advance or entitled to 
borrow or receive, money or credit with an aggregate value of:
					(a)  $1 [$3] million or more but less 
than $7 million if the commercial loan is primarily secured by real 
property; or
					(b)  $100,000 [$250,000] or more but 
less than $500,000 if the commercial loan is not primarily secured 
by real property and[, if the aggregate value of the commercial loan 
is less than $500,000,] the loan documents contain a written 
certification from the borrower that:
						(1)  the borrower has been 
advised by the lender to seek the advice of an attorney and an 
accountant in connection with the commercial loan; and
						(2)  the borrower has had the 
opportunity to seek the advice of an attorney and accountant of the 
borrower's choice in connection with the commercial loan; and
				(ii)  a renewal or extension of a commercial 
loan described by this paragraph [Paragraph (A)], regardless of the 
principal amount of the loan at the time of the renewal or 
extension; and
			(B)  does not include a commercial loan made for 
the purpose of financing a business licensed by the Motor Vehicle 
Board of the Texas Department of Transportation under Section 
2301.251(a), Occupations Code.
	SECTION 2.10.  Section 306.002, Finance Code, is amended by 
amending Subsection (a) and adding Subsection (c) to read as 
follows:
	(a)  Except as provided by Section 306.1015, a [A] creditor 
may contract for, charge, and receive from an obligor on a 
commercial loan a rate or amount of interest that does not exceed 
the applicable ceilings computed in accordance with Chapter 303.
	(c)  The provisions of this chapter do not affect 
transactions that are not subject to this chapter nor affect or 
negatively impact any rule of law applicable to transactions not 
subject to this chapter.
	SECTION 2.11.  Subchapter B, Chapter 306, Finance Code, is 
amended by adding Section 306.1015 to read as follows:
	Sec. 306.1015.  EXEMPT COMMERCIAL LOAN--RATE CEILINGS 
INAPPLICABLE.  (a)  The parties to an exempt commercial loan 
agreement may contract for, charge, and receive any rate or amount 
of interest to which the parties agree, however computed.
	(b)  A rate ceiling provided by this title or another law of 
this state does not apply to an exempt commercial loan.
	SECTION 2.12.  Section 306.005, Finance Code, is amended to 
read as follows: 
	Sec. 306.005.  PREPAYMENT PREMIUMS AND SIMILAR AMOUNTS
[PENALTY].  With respect to a loan subject to this chapter, a [A] 
creditor and an obligor may agree to a prepayment premium, 
make-whole premium, or similar fee or charge, whether payable in 
the event of voluntary prepayment, involuntary prepayment, 
acceleration of maturity, or other cause that involves premature 
termination of the loan, and those amounts do not constitute 
interest [penalty in a loan subject to this chapter.  A prepayment 
penalty is not interest].
	SECTION 2.13.  Section 306.006, Finance Code, is amended to 
read as follows: 
	Sec. 306.006.  CERTAIN AUTHORIZED CHARGES ON COMMERCIAL 
LOANS.  In addition to the interest authorized by this chapter, the 
parties to a commercial loan may agree and stipulate for:
		(1)  a delinquency charge on the amount of any 
installment or other amount in default for a period of not less than 
10 days in an [a reasonable] amount not to exceed five percent of 
the total amount of the installment; and
		(2)  a returned check fee in an amount that does not 
[to] exceed the maximum fee authorized in Section 3.506, Business &
Commerce Code, [$25] on any check, draft, order, or other 
instrument or form of remittance that is returned unpaid or 
dishonored for any reason.
	SECTION 2.14.  Subchapter A, Chapter 306, Finance Code, is 
amended by adding Section 306.007 to read as follows:
	Sec. 306.007.  GUARANTY, ASSUMPTION, PAYMENT, OR OTHER 
AGREEMENT.  With respect to a commercial loan, an obligor may be 
required to assume, pay, or provide a guaranty of another person's 
existing or future obligation as a condition of the obligor's own 
use, forbearance, or detention of money.  The amount of the other 
person's obligation required to be assumed, paid, or guaranteed 
does not constitute interest with respect to any obligation of the 
obligor.
	SECTION 2.15.  Section 339.001, Finance Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  The Finance Commission of Texas shall have exclusive 
jurisdiction to enforce and adopt rules relating to this section.  
Rules adopted pursuant to this section shall be consistent with 
federal laws and regulations governing credit card transactions 
described by this section.  This section does not create a cause of 
action against an individual for violation of this section.
	SECTION 2.16.  Section 345.104(a), Finance Code, is amended 
to read as follows:
	(a)  As an alternative to the maximum rate or amount 
authorized for a time price differential under Section 345.103, a 
retail charge agreement may provide for a rate or amount of time 
price differential that does not exceed[:
		[(1)]  the rate or amount authorized by Chapter 303[; 
or
		[(2)  the rate or amount of the applicable market 
competitive rate ceiling published under Subchapter D].
	SECTION 2.17.  Section 346.004, Finance Code, is amended to 
read as follows: 
	Sec. 346.004.  APPLICATION OF CHAPTER TO REVOLVING CREDIT 
ACCOUNTS.  (a)  Unless the contract for the account provides 
otherwise, this chapter applies to a revolving credit account 
described by Section 346.003 if the loan or extension of credit is 
primarily for personal, family, or household use.
	(b)  Unless the contract for the account provides that this 
chapter applies [otherwise], this chapter does not apply [applies] 
to a revolving credit account described by Section 346.003 if
[regardless of whether] the loan or extension of credit is for 
[consumer or] business, commercial, investment, or similar
purposes.
	SECTION 2.18.  Subchapter A, Chapter 347, Finance Code, is 
amended by adding Section 347.007 to read as follows:
	Sec. 347.007.  APPLICATION OF CHAPTER TO COMMERCIAL LOANS.  
This chapter does not apply to a credit transaction that is entered 
into primarily for commercial or business purposes.
	SECTION 2.19.  Section 348.001, Finance Code, is amended by 
adding Subdivisions (3-a) and (10-a) and amending Subdivision (4) 
to read as follows:
		(3-a)  "Motor home" means a motor vehicle that is 
designed to provide temporary living quarters and that:
			(A)  is built on a motor vehicle chassis as an 
integral part of or a permanent attachment to the chassis; and
			(B)  contains at least four of the following 
independent life support systems that are permanently installed and 
designed to be removed only for repair or replacement and that meet 
the standards of the American National Standards Institute, 
Standards for Recreational Vehicles:
				(i)  a cooking facility with an on-board 
fuel source;              
				(ii)  a gas or electric refrigerator;                                
				(iii)  a toilet with exterior evacuation;                            
				(iv)  a heating or air-conditioning system 
with an on-board power or fuel source separate from the vehicle 
engine;
				(v)  a potable water supply system that 
includes at least a sink, a faucet, and a water tank with an 
exterior service supply connection; or
				(vi)  a 110-125 volt electric power supply.                          
		(4)  "Motor vehicle" means an automobile, motor
[mobile] home, truck, truck tractor, trailer, semitrailer, or bus 
designed and used primarily to transport persons or property on a 
highway.  The term includes a commercial vehicle or heavy 
commercial vehicle.  The term does not include:
			(A)  a boat trailer;                                                         
			(B)  a vehicle propelled or drawn exclusively by 
muscular power;           
			(C)  a vehicle that is designed to run only on 
rails or tracks; or         
			(D)  machinery that is not designed primarily for 
highway transportation but may incidentally transport persons or 
property on a public highway.
		(10-a)  "Towable recreation vehicle" means a 
nonmotorized vehicle that:
			(A)  was originally designed and manufactured 
primarily to provide temporary human habitation in conjunction with 
recreational, camping, or seasonal use;
			(B)  is titled and registered with the Texas 
Department of Transportation as a travel trailer through a county 
tax assessor-collector;
			(C)  is permanently built on a single chassis;                        
			(D)  contains at least one life support system; 
and                 
			(E)  is designed to be towable by a motor vehicle.                    
	SECTION 2.20.  Section 348.007, Finance Code, is amended by 
adding Subsection (a-1) to read as follows:
	(a-1)  A transaction in which a retail buyer purchases a 
towable recreation vehicle from a retail seller other than 
principally for the purpose of resale and agrees with the retail 
seller to pay part or all of the cash price in one or more deferred 
installments may be subject to this chapter instead of Chapter 345 
at the option of the seller.
	SECTION 2.21.  Section 342.308(a), Finance Code, is amended 
to read as follows:
	(a)  A lender or a person who is assigned a secondary 
mortgage loan may collect on or before the closing of the loan, or 
include in the principal of the loan:
		(1)  reasonable fees for:                                                     
			(A)  title examination and preparation of an 
abstract of title by:         
				(i)  an attorney who is not an employee of 
the lender; or                 
				(ii)  a title company or property search 
company authorized to do business in this state; or
			(B)  premiums or fees for title insurance or title 
search for the benefit of the mortgagee and, at the mortgagor's 
option, for title insurance or title search for the benefit of the 
mortgagor;
		(2)  reasonable fees charged to the lender by an 
attorney who is not a salaried employee of the lender for 
preparation of the loan documents in connection with the mortgage 
loan if the fees are evidenced by a statement for services rendered;
		(3)  charges prescribed by law that are paid to public 
officials for determining the existence of a security interest or 
for perfecting, releasing, or satisfying a security interest;
		(4)  reasonable fees for an appraisal of real property 
offered as security for the loan prepared by an [a licensed or 
certified] appraiser who is not a salaried employee of the lender;
		(5)  the reasonable cost of a credit report;                                  
		(6)  reasonable fees for a survey of real property 
offered as security for the loan prepared by a registered surveyor 
who is not a salaried employee of the lender;
		(7)  the premiums received in connection with the sale 
of credit life insurance, credit accident and health insurance, or 
other insurance that protects the mortgagee against default by the 
mortgagor, the benefits of which are applied in whole or in part to 
reduce or extinguish the loan balance; or 
		(8)  reasonable fees relating to real property offered 
as security for the loan that are incurred to comply with a 
federally mandated program if the collection of the fees or the 
participation in the program is required by a federal agency; and 
		(9)  an administrative fee, subject to Subsection (c), 
in an amount not to exceed $25 for a loan of more than $1,000 or $20 
for a loan of $1,000 or less.
	SECTION 2.22.  Section 342.251, Finance Code, is amended to 
read as follows: 
	Sec. 342.251.  MAXIMUM CASH ADVANCE.  The maximum cash 
advance of a loan made under this subchapter is an amount computed 
under Subchapter C, Chapter 341, using the reference base amount of 
$100, except that for loans that are subject to Section 342.259 the 
reference base amount is $200.
	SECTION 2.23.  Section 342.257, Finance Code, is amended to 
read as follows: 
	Sec. 342.257.  DEFAULT CHARGE; DEFERMENT OF PAYMENT.  The 
provisions of Subchapter E  relating to additional interest for 
default and additional interest for the deferment of installments 
apply to a loan made under this subchapter.  Provided, that on a 
loan contract in which the cash advance is $100 or more, instead of 
additional interest for default under Subchapter E, the contract 
may provide for a delinquency charge if any part of an installment 
remains unpaid after the 10th day after the date on which the 
installment is due, including Sundays and holidays.  The 
delinquency charge on a loan with a cash advance of $100 or more may 
not exceed the greater of $10 or five cents for each $1 of the 
delinquent installment.
	SECTION 2.24.  Subchapter F, Chapter 342, Finance Code, is 
amended by adding Section 342.259 to read as follows:
	Sec. 342.259.  LOANS WITH LARGER ADVANCES.  (a)  Instead of 
the charges authorized by Sections 342.201 and 342.252, a loan made 
under this subchapter with a maximum cash advance computed under 
Subchapter C, Chapter 341, using a reference base amount that is 
more than $100 but not more than $200, may provide for:
		(1)  an acquisition charge that is not more than $10; 
and            
		(2)  an installment account handling charge that is not 
more than the ratio of $4 a month for each $100 of cash advance.
	(b)  An acquisition charge under this section is considered 
to be earned at the time a loan is made and is not subject to refund.  
On the prepayment of a loan that is subject to this section, the 
installment account handling charge is subject to refund in 
accordance with Subchapter H.
	(c)  Except as provided by this section, provisions of this 
chapter applicable to a loan that is subject to Section 342.252 also 
apply to a loan that is subject to this section.
ARTICLE 3.  DEPARTMENT OF SAVINGS AND MORTGAGE LENDING 
	SECTION 3.01.  The legislature finds that:                                     
		(1)  the Savings and Loan Department regulates 
state-chartered savings and loan institutions, savings banks, 
licensed mortgage brokers, and loan officers and registers mortgage 
bankers;
		(2)  there is one state-chartered savings and loan 
institution that has not converted to a state-chartered savings 
bank or other form of institution; and
		(3)  the department's name no longer fits the 
activities and regulatory responsibilities of the department and 
does not provide sufficient clarity of its functions to the public.
	SECTION 3.02.  Chapter 13, Finance Code, is amended by 
adding Section 13.0015 to read as follows:
	Sec. 13.0015.  NAME CHANGES.  (a)  The Savings and Loan 
Department is renamed the Department of Savings and Mortgage 
Lending and the savings and loan commissioner is renamed the 
savings and mortgage lending commissioner.
	(b)  A reference in a statute or rule to the Savings and Loan 
Department means the Department of Savings and Mortgage Lending.
	(c)  A reference in a statute or rule to the savings and loan 
commissioner means the savings and mortgage lending commissioner.
	SECTION 3.03.  Section 13.008(a), Finance Code, is amended 
to read as follows:
	(a)  The finance commission shall establish reasonable and 
necessary fees for the administration of Subtitles B and C, Title 3, 
and Chapters 156 and 157, and for the support of the finance 
commission as provided by Subchapter C, Chapter 11.  In 
establishing the reasonable and necessary fees for the 
administration of Chapters 156 and 157, the commissioner and the 
finance commission may not exceed the limit on the fees set forth in 
those chapters.
	SECTION 3.04.  Section 119.201(a), Finance Code, is amended 
to read as follows:
	(a)  The commissioner may require a savings bank that 
knowingly violates this subtitle or a rule adopted under this 
subtitle to pay to the department [Savings and Loan Department] an 
administrative penalty not to exceed $10,000 [$1,000] for each day 
that the violation occurs after notice of the violation is given by 
the commissioner.
	SECTION 3.05.  The savings and mortgage lending commissioner 
shall study the desirability and feasibility of developing 
alternative thrift charters, including special purpose charters, 
and shall issue a report, including findings and legislative 
recommendations, to the legislature not later than December 31, 
2006.
ARTICLE 4.  CONSUMER CREDIT COMMISSIONER
	SECTION 4.01.  Section 14.208, Finance Code, is amended to 
read as follows:  
	Sec. 14.208.  INJUNCTION; APPEAL.  (a)  If the commissioner 
has reasonable cause to believe that a person is violating a statute 
to which this chapter applies, the commissioner, in addition to any 
other authorized action, may issue an order [the person] to cease 
and desist [refrain] from the violation or an order to take 
affirmative action, or both, to enforce compliance.  A person may 
appeal the order to the finance commission as provided by 
Subsection (d) or directly to district court in accordance with 
Chapter 2001, Government Code.
	(b)  If a person against whom an order under this section is 
made requests a hearing not later than the 30th day after the date 
the order is served, the commissioner shall set and give notice of a 
hearing before a hearings officer.  The hearing is governed by 
Chapter 2001, Government Code.  Based on the findings of fact, 
conclusions of law, and recommendations of the hearings officer, 
the commissioner by order may find whether a violation has 
occurred.
	(c)  If a hearing is not timely requested under Subsection 
(b), the order is considered final and becomes enforceable.  The 
commissioner, after giving notice, may impose against a person who 
violates a cease and desist order an administrative penalty in an 
amount not to exceed $1,000 for each day of violation.  In addition 
to any other remedy provided by law, the commissioner on relation of 
the attorney general may institute in district court a suit for 
injunctive relief and to collect an administrative penalty.  A bond 
is not required of the commissioner with respect to injunctive 
relief granted under this section. [The commissioner, on relation 
of the attorney general at the request of the commissioner, may also 
bring an action in district court to enjoin the person from engaging 
in or continuing the violation or doing an act that furthers the 
violation.]  In the action, the court may enter as proper an order 
awarding a preliminary or final injunction.
	(d)  If a party seeks review of the order by the finance 
commission, the party shall file a petition for review with the 
finance commission not later than the 30th day after the date of the 
issuance of the commissioner's decision.  The finance commission 
may affirm, vacate, or modify an order issued by the commissioner.  
A party aggrieved by a final decision of the finance commission is 
entitled to judicial review.  The party may appeal the decision of 
the finance commission by the filing of a motion for rehearing with 
the finance commission and then filing a petition initiating 
judicial review.
	SECTION 4.02.  The heading to Subchapter F, Chapter 14, 
Finance Code, is amended to read as follows:
SUBCHAPTER F.  ADMINISTRATIVE PENALTY; RESTITUTION ORDER; 
ASSURANCE OF VOLUNTARY COMPLIANCE
	SECTION 4.03.  Section 14.252(b), Finance Code, is amended 
to read as follows:
	(b)  The aggregate amount of penalties under this subchapter 
that the commissioner may assess against a person during one 
calendar year may not exceed the lesser of:
		(1)  $100,000 [$50,000]; or                           
		(2)  an amount that is equal to the greater of five 
percent of the net worth of the creditor or $5,000 [for each 
business location at which an element of a violation occurred].
	SECTION 4.04.  Section 14.258, Finance Code, is amended to 
read as follows:  
	Sec. 14.258.  STAY OF PENALTY; SUIT BY ATTORNEY GENERAL 
[COURT ORDERS].  (a)  The enforcement of the penalty may be stayed 
during the time the order is under judicial review if the person 
pays the penalty to the clerk of the court or files a supersedeas 
bond with the court in the amount of the penalty.  A person who 
cannot afford to pay the penalty or file the bond may stay the 
enforcement by filing an affidavit in the manner required by the 
Texas Rules of Civil Procedure for a party who cannot afford to file 
security for costs, subject to the right of the commissioner to 
contest the affidavit as provided by those rules.
	(b)  The attorney general may sue to collect the penalty.               
	(c)  A court that sustains the occurrence of a violation may 
uphold or reduce the amount of the administrative penalty and order 
the person to pay that amount.
	(d) [(b)]  A court that does not sustain the occurrence of a 
violation shall order that no penalty is owed.
	(e) [(c)]  If a person has paid a penalty and a court in a 
final judgment reduces or does not uphold the amount, the court 
shall order that the appropriate amount plus accrued interest be 
remitted to the person.  The interest rate is the rate authorized by 
Chapter 304, and interest shall be paid for the period beginning on 
the date the penalty was paid and ending on the date the penalty is 
remitted.
	SECTION 4.05.  Subchapter F, Chapter 14, Finance Code, is 
amended by adding Sections 14.261-14.264 to read as follows:
	Sec. 14.261.  ACCEPTANCE OF ASSURANCE.  (a)  In 
administering this chapter, the commissioner may accept assurance 
of voluntary compliance from a person who is engaging in or has 
engaged in an act or practice in violation of:
		(1)  this chapter or a rule adopted under this chapter;                
		(2)  Chapter 394; or                                                   
		(3)  Subtitle B, Title 4, or a rule adopted under 
Subtitle B, Title 4.
	(b)  The assurance must be in writing and be filed with the 
commissioner.
	(c)  The commissioner may condition acceptance of an 
assurance of voluntary compliance on the stipulation that the 
person offering the assurance restore to a person in interest money 
that may have been acquired by the act or practice described by 
Subsection (a).
	(d)  The finance commission may adopt rules to establish the 
form of the assurance or require certain information be contained 
in an assurance.
	Sec. 14.262.  EFFECT OF ASSURANCE.  (a)  An assurance of 
voluntary compliance is not an admission of a violation of:
		(1)  this chapter or a rule adopted under this chapter;                
		(2)  Chapter 394; or                                                   
		(3)  Subtitle B, Title 4, or a rule adopted under 
Subtitle B, Title 4.
	(b)  Unless an assurance of voluntary compliance is 
rescinded by agreement or voided by a court for good cause, a 
subsequent failure to comply with the assurance is prima facie 
evidence of a violation of:
		(1)  this chapter or a rule adopted under this chapter;                
		(2)  Chapter 394; or                                                   
		(3)  Subtitle B, Title 4, or a rule adopted under 
Subtitle B, Title 4.
	Sec. 14.263.  REOPENING.  A matter closed by the filing of an 
assurance of voluntary compliance may be reopened at any time.
	Sec. 14.264.  RIGHT TO BRING ACTION NOT AFFECTED.  (a)  An 
assurance of voluntary compliance does not affect the right of an 
individual to bring an action, except as provided in Chapter 349 and 
except that the right of an individual in relation to money received 
according to a stipulation under Section 14.261(c) is governed by 
the terms of the assurance.
	(b)  A person entering into an assurance of voluntary 
compliance may, not later than the 60th day after the date of filing 
of the assurance, correct the violation under Section 349.201.  
Amounts paid as restitution and other acts taken in accordance with 
an assurance of voluntary compliance shall be considered for 
purposes of determining whether the obligor has made a correction 
under Subchapter C, Chapter 349.  With respect to corrections of 
violations or possible violations relating to matters addressed in 
the assurance of voluntary compliance, the date of filing of the 
assurance is considered to be the date of:
		(1)  actual discovery of the violation or possible 
violation;        
		(2)  written notice; and                                               
		(3)  filing of the action alleging the violation.                      
	SECTION 4.06.  Section 371.303(b), Finance Code, is amended 
to read as follows:
	(b)  The commissioner may assess the administrative penalty 
in an amount[:
		[(1)  equal to the average profit made by the pawnshop 
on a business day in the six months before the date the violation 
occurred, not to exceed $1,000; or
		[(2)  for a violation of Section 371.304,] not to 
exceed $1,000.
	SECTION 4.07.  Subchapter B, Chapter 349, Finance Code, is 
amended by adding Section 349.103 to read as follows:
	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.
ARTICLE 5.  SAVINGS BANKS AND LIMITED SAVINGS BANKS
	SECTION 5.01.  Subchapter A, Chapter 59, Finance Code, is 
amended by adding Section 59.011 to read as follows:
	Sec. 59.011.  LENDER LIABILITY FOR CONSTRUCTION.  (a)  For 
purposes of Chapter 27, Property Code, and Title 16, Property Code, 
a federally insured financial institution regulated under this code 
is not a builder.
	(b)  A lender regulated by this code that forecloses on or 
otherwise acquires a home through the foreclosure process or other 
legal means when the loan is in default is not liable to a 
subsequent purchaser for any construction defects of which the 
lender had no knowledge that were created prior to the acquisition 
of the home by the lender.
	(c)  A builder hired by a lender to complete the construction 
of a foreclosed home is not liable for any construction defects of 
which the builder had no knowledge that existed prior to the 
acquisition of the home by the lender, but the builder is subject to 
Chapter 27, Property Code, and Title 16, Property Code, for work 
performed for the lender subsequent to the acquisition of the home 
by the lender.
	SECTION 5.02.  Section 91.002, Finance Code, is amended by 
amending Subdivisions (2) and (18) and adding Subdivision (16-a) to 
read as follows:
		(2)  "Board" means the board of directors of a savings 
bank or the managers of a savings bank organized as a limited 
savings bank.
		(16-a)  "Limited savings bank" means a savings bank 
electing to be organized as a limited liability company under this 
subtitle.
		(18)  "Member" means:                                                  
			(A) [,]  with respect to a mutual savings bank, a 
person:
				(i) [(A)]  holding an account with the 
mutual savings bank;
				(ii) [(B)]  assuming or obligated on a loan 
in which the mutual savings bank has an interest; or
				(iii) [(C)]  owning property that secures a 
loan in which the mutual savings bank has an interest; or
			(B)  with respect to a savings bank organized as a 
limited savings bank, a person who owns a membership interest in the 
limited savings bank.
	SECTION 5.03.  Section 92.001, Finance Code, is amended to 
read as follows:  
	Sec. 92.001.  APPLICABILITY OF OTHER LAW.  (a)  With respect 
to a savings bank, other than a savings bank organized as a limited 
savings bank, organized before January 1, 2006, the [The] Texas 
Business Corporation Act, the Texas Miscellaneous Corporation Laws 
Act (Article 1302-1.01 et seq., Vernon's Texas Civil Statutes), and 
other law relating to general business corporations apply to a 
savings bank to the extent not inconsistent with this subtitle or 
the proper business of a savings bank.
	(b)  With respect to a savings bank organized as a limited 
savings bank before January 1, 2006, the Texas Limited Liability 
Company Act (Article 1528n, Vernon's Texas Civil Statutes) and any 
other law relating to a limited liability company organized in 
Texas apply to a limited savings bank to the extent not inconsistent 
with this subtitle or the proper business of a limited savings bank.
	(c)  With respect to a savings bank, other than a savings 
bank organized as a limited savings bank, organized on or after 
January 1, 2006, the provisions of the Business Organizations Code 
applicable to general business corporations apply to a savings bank 
to the extent not inconsistent with this subtitle or the proper 
business of a savings bank.
	(d)  With respect to a savings bank organized as a limited 
savings bank on or after January 1, 2006, the provisions of the 
Business Organizations Code applicable to a limited liability 
company organized in this state apply to a limited savings bank to 
the extent not inconsistent with this subtitle or the proper 
business of a limited savings bank.
	(e)  With respect to a savings bank or limited savings bank 
organized before January 1, 2006, the finance commission may 
establish rules permitting a savings bank or limited savings bank 
to elect to be governed by the provisions of the Business 
Organizations Code to the extent not inconsistent with this 
subtitle or the proper business of a savings bank or limited savings 
bank.
	SECTION 5.04.  Section 92.101, Finance Code, is amended to 
read as follows:  
	Sec. 92.101.  PURPOSE OF INCORPORATION.  A person may apply 
to incorporate a savings bank for the purpose of:
		(1)  purchasing the assets, assuming the liabilities 
other than liability to shareholders, and continuing the business 
of a financial institution the commissioner considers to be in an 
unsafe condition; [or]
		(2)  acquiring an existing financial institution by 
merger; or       
		(3)  facilitating a reorganization or merger with or 
into a savings bank under rules adopted by the finance commission.
	SECTION 5.05.  Section 92.102, Finance Code, is amended by 
amending Subsection (d) and adding Subsection (e) to read as 
follows:
	(d)  Chapter 2001, Government Code, does not apply to the 
application if:
		(1) [If]  the commissioner considers the financial 
institution to be reorganized or merged to be in an unsafe 
condition; or
		(2)  the savings bank incorporated under this 
subchapter does not survive the merger or is facilitating the 
continuation of an existing savings bank corporate reorganization 
as defined by rules adopted by the finance commission.
	(e)  If the commissioner considers the financial institution 
to be reorganized or merged to be in an unsafe condition, [:
		[(1)  Chapter 2001, Government Code, does not apply to 
the application; and
		[(2)]  the application and all information relating to 
the application are confidential and not subject to public 
disclosure.
	SECTION 5.06.  Section 92.156, Finance Code, is amended by 
amending Subsections (a) and (c) and adding Subsection (e) to read 
as follows:
	(a)  A savings bank shall maintain [on file with the 
commissioner] a blanket indemnity bond with an adequate corporate 
surety protecting the savings bank from loss by or through 
dishonest or criminal action or omission, including fraud, theft, 
robbery, or burglary, by an officer or employee of the savings bank 
or a director of the savings bank when the director performs the 
duty of an officer or employee.
	(c)  Subject to rules adopted under Subsection (e), the [The] 
board shall [and the commissioner must] approve:
		(1)  the amount and form of the bond; and                                     
		(2)  the sufficiency of the surety.                                           
	(e)  The finance commission may adopt rules establishing the 
amount and form of the bond and the sufficiency of the surety.
	SECTION 5.07.  Section 92.204, Finance Code, is amended to 
read as follows:  
	Sec. 92.204.  [QUALIFICATION UNDER ASSET TEST OR] QUALIFIED 
THRIFT LENDER TEST.  (a)  A savings bank must [qualify under and 
continue to meet]:
		(1)  qualify under and continue to meet [the asset test 
of Section 7701(a)(19), Internal Revenue Code of 1986 (26 U.S.C. 
Section 7701(a)(19)); or
		[(2)]  the qualified thrift lender test of Section 
10(m), Home Owners' Loan Act (12 U.S.C. Section 1467a(m)); or
		(2)  maintain more than 50 percent of its portfolio 
assets in qualified thrift assets on a monthly average basis in at 
least nine out of 12 months.
	(b)  For purposes of Subsection (a)(2), "qualified thrift 
assets" means:
		(1)  qualified thrift investments as defined by 12 
U.S.C. Section 1467a(m)(4)(C); and
		(2)  other assets determined by the commissioner, under 
rules adopted by the finance commission, to be substantially 
equivalent to qualified thrift investments described by 
Subdivision (1) or which further residential lending or community 
development.
	(c)   The commissioner may grant temporary or limited 
exceptions to the requirements of this section as the commissioner 
considers necessary.
	SECTION 5.08.  Section 92.207, Finance Code, is amended to 
read as follows:  
	Sec. 92.207.  LIMITATION ON ISSUANCE OF SECURITIES.  A 
savings bank may issue a form of stock, share, account, or 
investment certificate only as authorized by this subtitle or as 
permitted for a national bank, federal savings and loan 
association, federal savings bank, or state bank.
	SECTION 5.09.  Section 92.208, Finance Code, is amended by 
amending Subsection (c) and adding Subsection (e) to read as 
follows:
	(c)  A savings bank may not purchase, directly or indirectly, 
its own issued common stock, except under a stock repurchase plan 
approved in advance by the commissioner.
	(e)  Subsections (b) and (c) apply to the securities of the 
savings bank's holding company and affiliates.
	SECTION 5.10.  Section 92.211, Finance Code, is amended to 
read as follows:  
	Sec. 92.211.  DIVIDENDS ON CAPITAL STOCK.  (a) The board of 
a capital stock savings bank may declare and pay a dividend out of 
current or retained income, in cash or additional stock, to the 
holders of record of the stock outstanding on the date the dividend 
is declared.
	(b)  Without the prior approval of the commissioner, a cash 
dividend may not be declared by the board of a savings bank that the 
commissioner considers:
		(1)  to be in an unsafe condition; or                                  
		(2)  to have less than zero total retained income on the 
date of the dividend declaration.
	SECTION 5.11.  Section 92.252(b), Finance Code, is amended 
to read as follows:
	(b)  The application to convert must:                                          
		(1)  be filed in the office of the commissioner not 
later than the 30th [10th] day after the date of the meeting; and
		(2)  include a copy of the minutes of the meeting, sworn 
to by the secretary or an assistant secretary.
	SECTION 5.12.  Section 92.301(b), Finance Code, is amended 
to read as follows:
	(b)  The application to convert must:                                          
		(1)  be submitted to the commissioner and mailed to the 
appropriate banking agency not later than the 30th [10th] day after 
the date of the meeting; and
		(2)  include a copy of the minutes of the meeting, sworn 
to by the secretary or an assistant secretary.
	SECTION 5.13.  Sections 92.302(b) and (c), Finance Code, are 
amended to read as follows:
	(b)  The directors, or the president and secretary, shall 
execute two copies of an application for certificate of 
incorporation as provided by Subchapter B.
	(c)  Each director, or the president and secretary, shall 
sign and acknowledge the application for certificate of 
incorporation as a subscriber and shall sign and acknowledge the 
bylaws as an incorporator.
	SECTION 5.14.  Section 92.351(a), Finance Code, is amended 
to read as follows:
	(a)  A savings bank may reorganize, merge, or consolidate 
with a corporation, another financial institution, or another 
entity under a plan adopted by the board.
	SECTION 5.15.  Chapter 92, Finance Code, is amended by 
adding Subchapter M to read as follows:
SUBCHAPTER M.  LIMITED SAVINGS BANK
	Sec. 92.601.  APPLICATION TO ORGANIZE.  (a)  Five or more 
adult residents of this state may apply to organize a savings bank 
as a limited savings bank by submitting to the commissioner:
		(1)  an application to organize a limited savings bank 
that is:      
			(A)  in a form specified by the commissioner; and                     
			(B)  signed by each organizer; and                                    
		(2)  the filing fee.                                                   
	(b)  An application must contain:                                       
		(1)  two copies of the limited savings bank's 
certificate of formation containing:
			(A)  the name of the savings bank;                                    
			(B)  the location of the principal office;                            
			(C)  the names and addresses of the initial 
managers; and           
			(D)  to the extent not inconsistent with this 
subtitle, the proper business of a savings bank, or a rule adopted 
by the finance commission related to savings banks, other 
provisions included in:
				(i)  the articles of organization of a 
limited liability company organized under the Texas Limited 
Liability Company Act (Article 1528n, Vernon's Texas Civil 
Statutes) if the limited savings bank was organized before January 
1, 2006; or
				(ii)  the certificate of formation of a 
limited liability company organized under Chapter 101, Business 
Organizations Code, if:
					(a)  the limited savings bank was 
organized on or after January 1, 2006; or
					(b)  the organizers elect to include 
those provisions, if the limited savings bank was organized before 
January 1, 2006;
		(2)  two copies of the savings bank's company 
agreement;             
		(3)  data sufficiently detailed and comprehensive in 
nature to enable the commissioner to make findings under Section 
92.058, including statements, exhibits, and maps;
		(4)  financial information about each applicant, 
organizer, manager, officer, or member that the finance commission 
requires by rule; and
		(5)  other information relating to the savings bank and 
its operation that the finance commission requires by rule.
	(c)  Financial information described by Subsection (b) is 
confidential and not subject to public disclosure unless the 
commissioner finds that disclosure is necessary and in the public 
interest.
	(d)  The statement of fact must be signed and sworn to.                 
	(e)  Subchapter B applies to the organization of a limited 
savings bank except to the extent inconsistent with this section.
	Sec. 92.602.  LIABILITY OF MEMBERS AND MANAGERS.  A member, 
transferee of a member, or manager of a limited savings bank is not 
liable for a debt, obligation, or liability of the limited savings 
bank, including a debt, obligation, or liability under a judgment, 
decree, or order of a court.  A member or a manager of a limited 
savings bank is not a proper party to a proceeding by or against a 
limited savings bank unless the object of the proceeding is to 
enforce a member's or manager's right against or liability to a 
limited savings bank.
	Sec. 92.603.  CONTRIBUTIONS.  A member of a limited savings 
bank is obligated to make contributions as required in the company 
agreement.
	Sec. 92.604.  MANAGERS OF LIMITED SAVINGS BANK.  (a)  
Management of a limited savings bank shall be exercised by a board 
of managers consisting of not fewer than five or more than 21 
persons.
	(b)  A  manager must meet the qualifications for a director 
under Section 92.153.
	(c)  The governing documents of a limited savings bank may 
use "director" instead of "manager" and "board" instead of "board 
of managers."
	Sec. 92.605.  WITHDRAWAL OR REDUCTION OF MEMBER'S 
CONTRIBUTION.  (a)  A member may not receive from a limited savings 
bank any part of the member's contribution except as provided by 
rule adopted by the finance commission regulating withdrawal or 
reduction.
	(b)  A member may not receive any part of the member's 
contribution if, after the withdrawal or reduction, the capital of 
the savings bank would be reduced to less than the minimum capital 
established for the incorporation or operation of a savings bank by 
this subtitle or a rule adopted under this subtitle.
	Sec. 92.606.  COMPANY AGREEMENT OF LIMITED SAVINGS BANK.  
(a)  A limited savings bank shall adopt a company agreement that 
contains provisions regulating the management and organization of 
the limited savings bank.  The agreement is subject to the approval 
of the commissioner and must contain provisions the finance 
commission may require by a rule adopted under this subchapter.
	(b)  At the option of the limited savings bank, the term 
"bylaws" may be substituted for the term "company agreement."
	Sec. 92.607.  DISSOLUTION.  (a)  A limited savings bank 
organized under this subchapter is dissolved on:
		(1)  the expiration of the period fixed for the 
duration of the limited savings bank; or
		(2)  the occurrence of events specified in the 
certificate of formation or company agreement to cause dissolution.
	(b)  A dissolution under this section is considered a 
resolution to close the savings bank under Section 96.251.
	Sec. 92.608.  ALLOCATION OF PROFITS AND LOSSES.  The profits 
and losses of a limited savings bank may be allocated among the 
members and among classes of members as provided by the company 
agreement.  Without the prior written approval of the commissioner 
to use a different allocation method, the profits and losses must be 
allocated according to the relative interests of the members in the 
limited savings bank.
	Sec. 92.609.  DISTRIBUTIONS.  Subject to rules adopted by 
the finance commission, distributions of cash or other assets of a 
limited savings bank may be made to the members as provided by the 
company agreement.  Without the prior written approval of the 
commissioner to use a different distribution method, distributions 
must be made to the members according to the relative interests of 
the members as reflected in the governing documents of the limited 
savings bank filed with and approved by the commissioner.
	Sec. 92.610.  AMENDMENT OF GOVERNING DOCUMENTS.  (a)  A 
limited savings bank may amend its certificate of formation by a 
majority vote of the members cast at any annual meeting or a special 
meeting called for that purpose unless the certificate of formation 
requires a higher percentage.
	(b)  If provided in the governing documents, the company 
agreement of a limited savings bank may be amended by a majority 
vote of the board of managers unless the governing documents 
require a higher percentage.  In the absence of an express provision 
in the governing documents, the company agreement may be amended by 
a majority vote of the members cast at any annual meeting or special 
meeting called for that purpose.
	(c)  An amendment to the governing documents may not take 
effect before it is filed with and approved by the commissioner.
	Sec. 92.611.  APPLICATION OF OTHER PROVISIONS TO LIMITED 
SAVINGS BANKS; MISCELLANEOUS PROVISIONS.  (a)  This subtitle 
applies to a savings bank organized as a limited savings bank under 
this subchapter.  In the event of a conflict between this subchapter 
and a provision of this subtitle, this subchapter controls unless 
the finance commission by rule provides that this subtitle 
controls.
	(b)  For purposes of provisions of this chapter other than 
this subchapter, as the context requires:
		(1)  a manager is considered to be a director and the 
board of managers is considered to be the board of directors;
		(2)  a member is considered to be a shareholder; and                   
		(3)  a distribution is considered to be a dividend.                    
	(c)  A reference in a statute or rule to a savings bank 
includes a savings bank organized as a limited savings bank unless 
the context clearly requires that a limited savings bank is not 
included within the term or the provision contains express language 
excluding a limited savings bank.
	(d)  In this subchapter, "governing document" means a 
limited savings bank's certificate of formation or company 
agreement.
	SECTION 5.16.  Section 93.001(c), Finance Code, is amended 
to read as follows:
	(c)  A savings bank may:                                                       
		(1)  sue and be sued in its corporate name;                                   
		(2)  adopt and operate a reasonable bonus plan, 
profit-sharing plan, stock bonus plan, stock option plan, pension 
plan, or similar incentive plan for its directors, officers, or 
employees, subject to any limitations under this subtitle or rules 
adopted under this subtitle;
		(3)  make reasonable donations for the public welfare 
or for a charitable, scientific, religious, or educational purpose;
		(4)  pledge its assets to secure deposits of public 
money of the United States, if required by the United States, 
including revenue and money the deposit of which is subject to 
control or regulation of the United States;
		(5)  pledge its assets to secure deposits of public 
money of any state or of a political corporation or political 
subdivision of any state or of any other entity that serves a public 
purpose according to rules adopted by the finance commission;
		(6)  become a member of or deal with any corporation or 
agency of the United States or this state, to the extent that the 
corporation or agency assists in furthering the purposes or powers 
of savings banks, and for that purpose may purchase stock or 
securities of the corporation or agency or deposit money with the 
corporation or agency and may comply with any other condition of 
membership credit;
		(7)  become a member of a federal home loan bank or the 
Federal Reserve System;
		(8)  hold title to any assets acquired because of the 
collection or liquidation of a loan, investment, or discount and 
may administer those assets as necessary;
		(9)  receive and repay any deposit or account in 
accordance with this subtitle and rules of the finance commission;  
and
		(10)  lend and invest its money as authorized by this 
subtitle and rules of the finance commission.
	SECTION 5.17.  Section 93.008, Finance Code, is amended to 
read as follows:  
	Sec. 93.008.  POWERS RELATIVE TO OTHER FINANCIAL 
INSTITUTIONS.  (a)  Subject to limitations prescribed by rule of the 
finance commission, a savings bank may make a loan or investment or 
engage in an activity permitted:
		(1)  under state law for a bank or savings and loan 
association; or         
		(2)  under federal law for a federal savings and loan 
association, savings bank, or national bank if the financial 
institution's principal office is located in this state.
	(b)  Notwithstanding any other law, a savings bank organized 
and chartered under this chapter may perform an act, own property, 
or offer a product or service that is at the time permissible within 
the United States for a depository institution organized under 
federal law or the law of this state or another state if the 
commissioner approves the exercise of the power as provided by this 
section, subject to the same limitations and restrictions 
applicable to the other depository institution by pertinent law, 
except to the extent the limitations and restrictions are modified 
by rules adopted under Subsection (e).  This section may not be used 
to alter or negate the application of the laws of this state with 
respect to:
		(1)  establishment and maintenance of a branch in this 
state or another state or country;
		(2)  permissible interest rates and loan fees 
chargeable in this state;
		(3)  fiduciary duties owed to a client or customer by 
the bank in its capacity as fiduciary in this state;
		(4)  consumer protection laws applicable to 
transactions in this state; or
		(5)  compliance with the qualified thrift assets test 
contained in Section 92.204.
	(c)  A savings bank that intends to exercise a power, 
directly or through a subsidiary, granted by Subsection (b) that is 
not otherwise authorized for savings banks under the statutes of 
this state shall submit a letter to the commissioner describing in 
detail the power that the savings bank proposes to exercise and the 
specific authority of another depository institution to exercise 
the power.  The savings bank shall attach copies, if available, of 
relevant law, regulations, and interpretive letters.  The 
commissioner may deny the bank from exercising the power if the 
commissioner finds that:
		(1)  specific authority does not exist for another 
depository institution to exercise the proposed power;
		(2)  if the savings bank is insured by the Federal 
Deposit Insurance Corporation, the savings bank is prohibited from 
exercising the power under Section 24, Federal Deposit Insurance 
Act (12 U.S.C. Section 1831a), and related regulations;
		(3)  the exercise of the power by the bank would 
adversely affect the safety and soundness of the bank; or
		(4)  at the time the application is made, the savings 
bank is not well capitalized and well managed.
	(d)  A savings bank that is denied the requested power by the  
commissioner under this section may appeal.  The notice of appeal 
must be in writing and must be received by the commissioner not 
later than the 30th day after the date of the denial.  An appeal 
under this section is a contested case under Chapter 2001, 
Government Code.
	(e)  To effectuate this section, the finance commission may 
adopt rules implementing the method or manner in which a savings 
bank exercises specific powers granted under this section, 
including rules regarding the exercise of a power that would be 
prohibited to savings banks under state law but for this section.
	(f)  The exercise of a power by a savings bank in compliance 
with and in the manner authorized by this section is not a violation 
of any statute of this state.
	SECTION 5.18.  Section 94.201, Finance Code, is amended to 
read as follows:  
	Sec. 94.201.  REQUIRED INVESTMENTS.  A savings bank shall 
maintain in the savings bank's portfolio not less than 15 percent of 
the savings bank's deposits from its local service area designated 
under Section 94.202 in:
		(1)  first and second lien residential mortgage loans, 
home equity loans, or foreclosed residential mortgage loans 
originated in the savings bank's local service area;
		(2)  home improvement loans;                                                  
		(3)  interim residential construction loans;                                  
		(4)  mortgage-backed securities secured by loans in the 
savings bank's local service area; [and]
		(5)  loans for community reinvestment; and                             
		(6)  other loans made to customers in the savings bank's 
local service area that meet the definition of qualified thrift 
assets under Section 92.204.
	SECTION 5.19.  Section 96.053(a), Finance Code, is amended 
to read as follows:
	(a)  Before March [February] 1 of each year, a savings bank 
shall provide to the commissioner on a form to be prescribed and 
furnished by the commissioner a written report of its affairs and 
operations, including a complete statement of its financial 
condition with a statement of income and expenses since its last 
annual report under this section.  The report must be signed by the 
president, vice president, or secretary of the savings bank.
	SECTION 5.20.  Sections 97.001-97.007, Finance Code, are 
designated as Subchapter A, Chapter 97, Finance Code, and a 
subchapter heading is added to read as follows:
SUBCHAPTER A.  GENERAL PROVISIONS APPLICABLE TO HOLDING COMPANIES
	SECTION 5.21.  Chapter 97, Finance Code, is amended by 
adding Subchapter B to read as follows:
SUBCHAPTER B.  MUTUAL HOLDING COMPANIES
	Sec. 97.051.  REORGANIZATION TO BECOME MUTUAL HOLDING 
COMPANY.  (a)  Notwithstanding any other law, a savings bank may be 
reorganized as a mutual holding company by submitting to the 
commissioner an application for approval of reorganization.
	(b)  Before submission, an application for reorganization 
must be approved by a majority vote of the members or shareholders 
of the savings bank cast at an annual meeting or a special meeting 
called to consider the reorganization.
	Sec. 97.052.  APPLICATION FOR APPROVAL OF REORGANIZATION.  
The application for approval of reorganization must contain:
		(1)  a brief statement summarizing a reorganization 
plan;            
		(2)  two copies of the proposed articles of 
incorporation of the subsidiary savings bank acknowledged by the 
incorporators of the subsidiary savings bank;
		(3)  two copies of the proposed bylaws of the savings 
bank;          
		(4)  a statement that the plan of reorganization was 
advised, authorized, and approved by the savings bank in the manner 
and by the vote required by its charter and the laws of this state; 
and
		(5)  a statement of the manner of approval.                            
	Sec. 97.053.  PLAN OF REORGANIZATION.  (a)  The plan of 
reorganization must provide that:
		(1)  a subsidiary savings bank shall:                                  
			(A)  be incorporated under Subchapter B, Chapter 
92; or             
			(B)  on prior approval of the commissioner, be 
incorporated under Subchapter C, Chapter 92;
		(2)  the savings bank shall transfer a substantial part 
of its assets to the subsidiary savings bank, and the subsidiary 
savings bank shall assume a substantial part of the savings bank's 
liabilities, including all depository liabilities;
		(3)  as a result of the reorganization, the mutual 
holding company must hold more than 50 percent of the stock of the 
subsidiary savings bank; and
		(4)  after transfer and assumption, persons with prior 
corresponding rights as depositors or creditors against a savings 
bank have the same rights with respect to the mutual holding company 
and the subsidiary savings bank.
	(b)  The plan of reorganization must set forth the necessary 
corporate steps for the savings bank to reorganize into a mutual 
holding company, including:
		(1)  all required charter amendments; and                              
		(2)  a description of the corporate management of the 
reorganized mutual holding company.
	(c)  The plan of reorganization may contain any other 
provision not inconsistent with law or finance commission rules.
ARTICLE 6.  AMENDMENTS TO MORTGAGE BROKER LICENSE ACT
	SECTION 6.01.  Section 156.005, Finance Code, is amended to 
read as follows: 
	Sec. 156.005.  AFFILIATED BUSINESS ARRANGEMENTS.  Unless 
prohibited by federal or state law, this chapter may not be 
construed to prevent affiliated or controlled business 
arrangements or loan origination services by or between mortgage 
brokers and other professionals if the mortgage broker complies 
with all applicable federal and state laws permitting those 
arrangements or services.
	SECTION 6.02.  Section 156.102(d), Finance Code, is amended 
to read as follows:
	(d)  The finance commission shall consult with the 
commissioner [mortgage broker advisory committee] when proposing 
and adopting rules under this chapter.
	SECTION 6.03.  Section 156.104, Finance Code, is amended by 
amending Subsection (h) and adding Subsections (j) and (k) to read 
as follows:
	(h)  In addition to other powers and duties delegated to it 
by the commissioner, the advisory committee shall advise the 
[finance commission and] commissioner with respect to:
		(1)  the proposal and adoption of rules relating to:                          
			(A)  the licensing of mortgage brokers and loan 
officers;                  
			(B)  the education and experience requirements 
for licensing mortgage brokers and loan officers;
			(C)  conduct and ethics of mortgage brokers and 
loan officers;             
			(D)  continuing education for licensed mortgage 
brokers and loan officers and the types of courses acceptable as 
continuing education courses under this chapter; and
			(E)  the granting or denying of an application or 
request for renewal for a mortgage broker license or loan officer 
license;
		(2)  the form of or format for any applications or other 
documents under this chapter; and
		(3)  the interpretation, implementation, and 
enforcement of this chapter.   
	(j)  The advisory committee shall take a record vote on any 
matter described by Subsection (h)(1).  The commissioner shall 
inform the finance commission of:
		(1)  the result of the vote; and                                       
		(2)  any additional information the commissioner 
considers necessary to ensure the finance commission is 
sufficiently notified of the advisory committee's recommendations.
	(k)  A record vote taken by the advisory committee under 
Subsection (j) is only a recommendation and does not supersede the 
rulemaking authority of the finance commission under this 
subchapter.
	SECTION 6.04.  Section 156.201(c), Finance Code, is amended 
to read as follows:
	(c)  Each mortgage broker licensed under this chapter is 
responsible to the commissioner and members of the public for any 
act or conduct performed [under this chapter] by the mortgage 
broker or a loan officer sponsored by or acting for the mortgage 
broker  in connection with:
		(1)  the origination of a mortgage loan; or                            
		(2)  a transaction that is related to the origination 
of a mortgage loan in which the mortgage broker knew or should have 
known of the transaction.
	SECTION 6.05.  Section 156.202, Finance Code, is amended to 
read as follows: 
	Sec. 156.202.  EXEMPTIONS.  This chapter does not apply to:                    
		(1)  any of the following entities or an employee of any 
of the following entities provided 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;
			(B)  a state or federal credit union, or a 
subsidiary, affiliate, or credit union service organization of a 
state or federal credit union;
			(C)  an insurance company licensed or authorized 
to do business in this state under the Insurance Code;
			(D)  a mortgage banker registered under Chapter 
157;                
			(E)  an organization that qualifies for an 
exemption from state franchise and sales tax as a 501(c)(3) 
organization;
			(F)  a Farm Credit System institution; or                                    
			(G)  a political subdivision of this state 
involved in affordable home ownership programs;
		(2)  an individual who makes a mortgage loan from the 
individual's own funds to a spouse, former spouse, or persons in the 
lineal line of consanguinity of the individual lending the money;
		(3)  an owner of real property who makes a mortgage loan 
to a purchaser of the property for all or part of the purchase price 
of the real estate against which the mortgage is secured; or
		(4)  an individual who:                                                       
			(A)  makes a mortgage loan from the individual's 
own funds;                
			(B)  is not an authorized lender under Chapter 
342, Finance Code; and      
			(C)  does not regularly engage in the business of 
making or brokering mortgage loans.
	SECTION 6.06.  Section 156.203(d), Finance Code, is amended 
to read as follows:
	(d)  An application fee under this section is not refundable
and may not be credited or applied to any other fee or indebtedness 
owed by the person paying the fee.
	SECTION 6.07.  Sections 156.204(a) and (c), Finance Code, as 
amended by Chapters 170 and 171, Acts of the 78th Legislature, 
Regular Session, 2003, are reenacted and amended to read as 
follows:
	(a)  To be eligible to be licensed as a mortgage broker a 
person must:       
		(1)  be an individual who is at least 18 years of age;                        
		(2)  be a citizen of the United States or a lawfully 
admitted alien;        
		(3)  maintain a physical office in this state and 
designate that office in the application;
		(4)  provide the commissioner with satisfactory 
evidence that the applicant satisfies one of the following:
			(A)  the person has received a bachelor's degree 
in an area relating to finance, banking, or business administration 
from an accredited college or university and has 18 months of 
experience in the mortgage or lending field as evidenced by 
documentary proof of full-time employment as a mortgage broker or 
loan officer with a mortgage broker or a person exempt under Section 
156.202;
			(B)  the person is licensed in this state as:                                
				(i)  an active real estate broker under 
Chapter 1101, Occupations Code;   
				(ii)  an active attorney; or                                                
				(iii)  a local recording agent or insurance 
solicitor or agent for a legal reserve life insurance company under 
Chapter 21, Insurance Code, or holds an equivalent license under 
Chapter 21, Insurance Code; or
			(C)  the person has three years of experience in 
the mortgage lending field as evidenced by documentary proof of 
full-time employment as a loan officer with a mortgage broker or a 
person exempt under Section 156.202;
		(5)  provide the commissioner with satisfactory 
evidence of:                
			(A)  having passed an examination, offered by a 
testing service or company approved by the finance commission, that 
demonstrates knowledge of:
				(i)  the mortgage industry; and                                             
				(ii)  the role and responsibilities of a 
mortgage broker; and             
			(B)  compliance with the financial requirements 
of this chapter; [and]
		(6)  not have been convicted of a criminal offense that 
the commissioner determines directly relates to the occupation of a 
mortgage broker as provided by Chapter 53, Occupations Code;
		(7)  satisfy the commissioner as to the individual's 
good moral character, including the individual's honesty, 
trustworthiness, and integrity; and
		(8)  not be in violation of this chapter, a rule adopted 
under this chapter, or any order previously issued to the 
individual by the commissioner.
	(c)  To be eligible to be licensed as a loan officer a person 
must:          
		(1)  be an individual who is at least 18 years of age;                        
		(2)  be a citizen of the United States or a lawfully 
admitted alien;        
		(3)  designate in the application the name of the 
mortgage broker sponsoring the loan officer;
		(4)  provide the commissioner with satisfactory 
evidence that the applicant satisfies one of the following:
			(A)  the person meets one of the requirements 
described by Subsection (a)(4);
			(B)  the person has successfully completed 30 [15] 
hours of education courses approved by the commissioner under this 
section;
			(C)  the person has 18 months of experience as a 
loan officer as evidenced by documentary proof of full-time 
employment as a loan officer with a mortgage broker or a person 
exempt under Section 156.202; or
			(D)  for applications received prior to January 1, 
2000, the mortgage broker that will sponsor the applicant provides 
a certification under oath that the applicant has been provided 
necessary and appropriate education and training regarding all 
applicable state and federal law and regulations relating to 
mortgage loans;
		(5)  not have been convicted of a criminal offense that 
the commissioner determines directly relates to the occupation of a 
loan officer as provided by Chapter 53, Occupations Code;
		(6)  satisfy the commissioner as to the individual's 
good moral character, including the individual's honesty, 
trustworthiness, and integrity; [and]
		(7) [(6)]  provide the commissioner with satisfactory 
evidence of having passed an examination, offered by a testing 
service or company approved by the finance commission, that 
demonstrates knowledge of:
			(A)  the mortgage industry; and                                              
			(B)  the role and responsibilities of a loan 
officer; and[.]
		(8) [(7)]  not be in violation of this chapter, a rule 
adopted under this chapter, or any order previously issued to the 
individual by the commissioner.
	SECTION 6.08.  Sections 156.205(a) and (b), Finance Code, 
are amended to read as follows:
	(a)  In this section, "net assets" means the difference 
between total assets and total liabilities, as determined by 
generally acceptable accounting principles, and does not include 
any assets that are exempt under state or federal law.  All assets 
and liabilities are subject to verification by the commissioner.
	(b)  A mortgage broker must maintain net assets of at least 
$25,000 or a surety bond in the amount of at least $50,000.  The term 
of the surety bond must coincide with the term of the license.  The 
finance commission may adopt rules establishing the terms and 
conditions of the surety bond and the qualifications of the surety.
	SECTION 6.09.  Section 156.208, Finance Code, is amended by 
amending Subsection (e) and adding Subsection (i) to read as 
follows:
	(e)  A renewal fee is not refundable and may not be credited 
or applied to any other fee or indebtedness owed by the person 
paying the fee.
	(i)  The commissioner may deny the renewal of a mortgage 
broker license or a loan officer license if:
		(1)  the mortgage broker or loan officer is in 
violation of this chapter, a rule adopted under this chapter, or any 
order previously issued to the individual by the commissioner; or
		(2)  the mortgage broker or loan officer is in default 
in the payment of any administrative penalty, fee, charge, or other 
indebtedness owed under this title.
	SECTION 6.10.  Sections 156.2081(c)-(f), Finance Code, are 
amended to read as follows:
	(c)  A person whose license has been expired for 91 days or 
more may not renew the license.  The person may obtain a new license 
by complying with the requirements and procedures for obtaining an 
original license. [more than 90 days but less than one year but who 
is otherwise eligible to renew a license may renew the license by 
paying to the commissioner a renewal fee that is equal to two times 
the normally required renewal fee.]
	(d)  [A person whose license has been expired for one year or 
more may not renew the license.  The person may obtain a new license 
by complying with the requirements and procedures for obtaining an 
original license.
	[(e)]  A person who was licensed in this state, moved to 
another state, and is currently licensed and has been in practice in 
the other state for the two years preceding the date of application 
may obtain a new license by paying to the commissioner a fee that is 
equal to two times the normally required renewal fee for the 
license.
	(e) [(f)]  Not later than the 60th [30th] day before the date 
a person's license is scheduled to expire, the commissioner shall 
send written notice of the impending expiration to the person at the 
person's last known address according to the records of the 
Department of Savings and Mortgage Lending [Loan Department].
	SECTION 6.11.  Section 156.209, Finance Code, is amended by 
amending Subsection (c) and adding Subsections (f) and (g) to read 
as follows:
	(c)  The designated hearings officer shall set the time and 
place for a hearing requested under Subsection (b) not later than 
the 90th [30th] day after the date on which the appeal is received.  
The hearings officer shall provide at least 10 days' notice of the 
hearing to the applicant or person requesting the renewal.  The time 
of the hearing may be continued periodically with the consent of the 
applicant or person requesting the renewal.  After the hearing, the 
commissioner shall enter an order from the findings of fact, 
conclusions of law, and recommendations of the hearings officer.
	(f)  A person who requests a hearing under this section shall 
be required to pay a deposit to secure the payment of the costs of 
the hearing in an amount to be determined by the commissioner not to 
exceed $500.  The entire deposit shall be refunded to the person if 
the person prevails in the contested case hearing.  If the person 
does not prevail, any portion of the deposit in excess of the costs 
of the hearing assessed against that person shall be refundable.
	(g)  A person whose application for a license has been denied 
is not eligible to be licensed for a period of two years after the 
date the denial becomes final, or a shorter period determined by the 
commissioner after evaluating the specific circumstances of the 
person's subsequent application.  The finance commission may adopt 
rules to provide conditions for which the commissioner may shorten 
the time of disqualification.
	SECTION 6.12.  Section 156.211(c), Finance Code, is amended 
to read as follows:
	(c)  A fee under this section is not refundable and may not be 
credited or applied to any other fee or indebtedness owed by the 
person paying the fee.
	SECTION 6.13.  Section 156.301, Finance Code, is amended by 
adding Subsection (g) to read as follows:
	(g)  The commissioner may share information gathered during 
an investigation or inspection with any state or federal agency.
	SECTION 6.14.  Subchapter D, Chapter 156, Finance Code, is 
amended by adding Section 156.3011 to read as follows:
	Sec. 156.3011.  ISSUANCE AND ENFORCEMENT OF SUBPOENA.  (a)  
During an investigation, the commissioner may issue a subpoena that 
is addressed to a peace officer of this state or other person 
authorized by law to serve citation or perfect service.  The 
subpoena may require a person to give a deposition, produce 
documents, or both.
	(b)  If a person disobeys a subpoena or if a person appearing 
in a deposition in connection with the investigation refuses to 
testify, the commissioner may petition a district court in Travis 
County to issue an order requiring the person to obey the subpoena, 
testify, or produce documents relating to the matter.  The court 
shall promptly set an application to enforce a subpoena issued 
under Subsection (a) for hearing and shall cause notice of the 
application and the hearing to be served upon the person to whom the 
subpoena is directed.
	SECTION 6.15.  Section 156.303, Finance Code, is amended by 
amending Subsection (a) and adding Subsections (f)-(i) to read as 
follows:
	(a)  The commissioner may order disciplinary action against 
a licensed mortgage broker or a licensed loan officer when the 
commissioner, after a hearing, has determined that the person:
		(1)  obtained a license, including a renewal of a 
license, under this chapter through a false or fraudulent 
representation or made a material misrepresentation in an 
application for a license or for the renewal of a license under this 
chapter;
		(2)  published or caused to be published an 
advertisement related to the business of a mortgage broker or loan 
officer that:
			(A)  is misleading;                                                          
			(B)  is likely to deceive the public;                                        
			(C)  in any manner tends to create a misleading 
impression;                
			(D)  fails to identify as a mortgage broker or 
loan officer the person causing the advertisement to be published; 
or
			(E)  violates federal or state law;                                          
		(3)  while performing an act for which a license under 
this chapter is required, engaged in conduct that constitutes 
improper, fraudulent, or dishonest dealings;
		(4)  entered a plea of guilty or nolo contendere to, or 
is convicted of, a criminal offense that is a felony or that 
involves fraud or moral turpitude in a court of this or another 
state or in a federal court [failed to notify the commissioner not 
later than the 30th day after the date of the final conviction if 
the person, in a court of this or another state or in a federal 
court, has been convicted of or entered a plea of guilty or nolo 
contendere to a felony or a criminal offense involving fraud];
		(5)  failed to use a fee collected in advance of closing 
of a mortgage loan for a purpose for which the fee was paid;
		(6)  charged or received, directly or indirectly, a fee 
for assisting a mortgage applicant in obtaining a mortgage loan 
before all of the services that the person agreed to perform for the 
mortgage applicant are completed, and the proceeds of the mortgage 
loan have been disbursed to or on behalf of the mortgage applicant, 
except as provided by Section 156.304;
		(7)  failed within a reasonable time to honor a check 
issued to the commissioner after the commissioner has mailed a 
request for payment by certified mail to the person's last known 
business address as reflected by the commissioner's records;
		(8)  paid compensation to a person who is not licensed 
or exempt under this chapter for acts for which a license under this 
chapter is required;
		(9)  induced or attempted to induce a party to a 
contract to breach the contract so the person may make a mortgage 
loan;
		(10)  published or circulated an unjustified or 
unwarranted threat of legal proceedings in matters related to the 
person's actions or services as a mortgage broker or loan officer, 
as applicable;
		(11)  established an association, by employment or 
otherwise, with a person not licensed or exempt under this chapter 
who was expected or required to act as a mortgage broker or loan 
officer;
		(12)  aided, abetted, or conspired with a person to 
circumvent the requirements of this chapter;
		(13)  acted in the dual capacity of a mortgage broker or 
loan officer and real estate broker, salesperson, or attorney in a 
transaction without the knowledge and written consent of the 
mortgage applicant or in violation of applicable requirements under 
federal law;
		(14)  discriminated against a prospective borrower on 
the basis of race, color, religion, sex, national origin, ancestry, 
familial status, or a disability;
		(15)  failed or refused on demand to:                                         
			(A)  produce a document, book, or record 
concerning a mortgage loan transaction conducted by the mortgage 
broker or loan officer for inspection by the commissioner or the 
commissioner's authorized personnel or representative;
			(B)  give the commissioner or the commissioner's 
authorized personnel or representative free access to the books or 
records relating to the person's business kept by an officer, 
agent, or employee of the person or any business entity through 
which the person conducts mortgage brokerage activities, including 
a subsidiary or holding company affiliate; or
			(C)  provide information requested by the 
commissioner as a result of a formal or informal complaint made to 
the commissioner;
		(16)  failed without just cause to surrender, on 
demand, a copy of a document or other instrument coming into the 
person's possession that was provided to the person by another 
person making the demand or that the person making the demand is 
under law entitled to receive; or
		(17)  disregarded or violated this chapter, a rule 
adopted by the finance commission under this chapter, or an order 
issued by the commissioner under this chapter.
	(f)  For purposes of Subsection (a), a person is considered 
convicted if a sentence is imposed on the person, the person 
receives community supervision, including deferred adjudication 
community supervision, or the court defers final disposition of the 
person's case.
	(g)  If a person fails to pay an administrative penalty that 
has become final or fails to comply with an order of the 
commissioner that has become final, in addition to any other remedy 
provided under law the commissioner, on not less than 10 days' 
notice to the person, may without a prior hearing suspend the 
person's mortgage broker license or loan officer license.  The 
suspension shall continue until the person has complied with the 
cease and desist order or paid the administrative penalty.  During 
the period of suspension, the person may not originate a mortgage 
loan and all compensation received by the person during the period 
of suspension is subject to forfeiture as provided by Section 
156.406(b).
	(h)  An order of suspension under Subsection (g) may be 
appealed.  An appeal is a contested case governed by Chapter 2001, 
Government Code.  A hearing of an appeal of an order of suspension 
issued under Subsection (g) shall be held not later than the 15th 
day after the date of receipt of the notice of appeal.  The 
appellant shall be provided at least three days' notice of the time 
and place of the hearing.
	(i)  An order revoking the license of a mortgage broker or 
loan officer may provide that the person is prohibited, without 
obtaining prior written consent of the commissioner, from:
		(1)  engaging in the business of originating or making 
mortgage loans;
		(2)  being an employee, officer, director, manager, 
shareholder, member, agent, contractor, or processor of a mortgage 
broker or loan officer; or
		(3)  otherwise affiliating with a person for the 
purpose of engaging in the business of originating or making 
mortgage loans.
	SECTION 6.16.  Subchapter D, Chapter 156, Finance Code, is 
amended by adding Section 156.305 to read as follows:
	Sec. 156.305.  RESTITUTION.  The commissioner may order a 
person to make restitution for any amount received by that person in 
violation of this chapter.  A mortgage broker may be required to 
make restitution for any amount received by a sponsored loan 
officer in violation of this chapter.
	SECTION 6.17.  Section 156.406(c), Finance Code, is amended 
to read as follows:
	(c)  If the commissioner has reasonable cause to believe that 
a person who is not licensed or exempt under this chapter has 
engaged, or is about to engage, in an act or practice for which a 
license is required under this chapter, the commissioner may issue 
without notice and hearing an order to cease and desist from 
continuing a particular action or an order to take affirmative 
action, or both, to enforce compliance with this chapter.  The order 
shall contain a reasonably detailed statement of the facts on which 
the order is made.  The order may assess an administrative penalty 
in an amount not to exceed $1,000 per day for each violation and may 
require a person to pay to a mortgage applicant any compensation 
received by the person from the applicant in violation of this 
chapter. If a person against whom the order is made requests a 
hearing, the commissioner shall set and give notice of a hearing 
before the commissioner or a hearings officer.  The hearing shall be 
governed by Chapter 2001, Government Code.  An order under this 
subsection becomes final unless the person to whom the order is 
issued requests a hearing not later than the 30th day after the date 
the order is issued. [Based on the findings of fact, conclusions of 
law, and recommendations of the hearings officer, the commissioner 
by order may find a violation has occurred or not occurred.]
	SECTION 6.18.  Section 156.501(b), Finance Code, is amended 
to read as follows:
	(b)  The fund shall be used to reimburse aggrieved persons to 
whom a court awards actual damages because of certain acts 
committed by a mortgage broker or loan officer who was licensed 
under this chapter when the act was committed.  The use of the fund 
is limited to an act that constitutes a violation of Section 
156.303(a)(2), (3), (5), (6), (8), (9), (10), (11), (12), (13), or 
(16) or 156.304.  Payments from the fund may not be made to a lender 
who makes a mortgage loan originated by the mortgage broker or loan 
officer or who acquires a mortgage loan originated by the mortgage 
broker or loan officer.
ARTICLE 7.  MISCELLANEOUS PROVISIONS
	SECTION 7.01.  Section 304.003(c), Finance Code, is amended 
to read as follows:
	(c)  The postjudgment interest rate is:                                        
		(1)  the prime rate as published by the Board of 
Governors of the Federal Reserve System [Federal Reserve Bank of 
New York] on the date of computation;
		(2)  five percent a year if the prime rate as published 
by the Board of Governors of the Federal Reserve System [Federal 
Reserve Bank of New York] described by Subdivision (1) is less than 
five percent; or
		(3)  15 percent a year if the prime rate as published by 
the Board of Governors of the Federal Reserve System [Federal 
Reserve Bank of New York] described by Subdivision (1) is more than 
15 percent.
	SECTION 7.02.  The change in law made by Section 339.001(c), 
Finance Code, as added by this Act, applies only to a credit card 
transaction entered into on or after the effective date of this Act.  
A credit card transaction entered into before that date is governed 
by the law in effect immediately before the effective date of this 
Act, and that law is continued in effect for that purpose.
	SECTION 7.03.  Not later than December 31, 2006, the Finance 
Commission of Texas and the Credit Union Commission shall:
		(1)  compare state laws related to financial 
institutions with applicable federal laws;
		(2)  determine which state laws may be preempted by 
federal law, rule, or order;
		(3)  determine which state laws may be invalidated by 
state or federal court ruling; and
		(4)  report their findings to the legislature, with 
recommended statutory changes.
	SECTION 7.04.  (a)  The Office of Consumer Credit 
Commissioner, with the assistance of the attorney general, shall 
conduct a study to develop and evaluate proposals to limit the use 
of social security numbers by businesses in this state.
	(b)  In conducting the study, the consumer credit 
commissioner shall receive input from credit reporting agencies, 
businesses, and consumer groups.
	(c)  The consumer credit commissioner shall evaluate 
whether, when a business contacts a credit reporting agency for a 
credit check of a customer, the business and credit reporting 
agency should create a unique code that:
		(1)  would allow the business to retrieve the social 
security number of the customer for collection purposes; and
		(2)  would permit the business to delete the social 
security number of the customer from the records of the business.
	(d)  The consumer credit commissioner shall determine the 
date on which the system described by Subsection (c) of this section 
could be implemented and the feasibility of monitoring compliance 
with the system.
	(e)  Not later than July 1, 2006, the consumer credit 
commissioner shall submit a report to the legislature regarding the 
results of the study conducted under this section.
	(f)  This section expires September 1, 2006.                                   
	SECTION 7.05.  Sections 96.052, 345.151, 345.152, and 
345.154, Finance Code, and Sections 2153.103, 2153.251, 2153.253, 
2153.256, 2153.257, and 2153.258(b), Occupations Code, are 
repealed.
ARTICLE 8.  EFFECTIVE DATE
	SECTION 8.01.  Except as provided by Section 8.02 of this 
article, this Act takes effect September 1, 2005.
	SECTION 8.02.  Sections 2.09, 2.10, and 2.11 of this Act take 
effect on the date on which the constitutional amendment proposed 
by the 79th Legislature, Regular Session, 2005, authorizing the 
legislature to define rates of interest for commercial loans, takes 
effect.  If that amendment is not approved by the voters, those 
sections have no effect.
______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      
	I certify that H.B. No. 955 was passed by the House on May 10, 
2005, by a non-record vote; that the House refused to concur in 
Senate amendments to H.B. No. 955 on May 27, 2005, and requested the 
appointment of a conference committee to consider the differences 
between the two houses; and that the House adopted the conference 
committee report on H.B. No. 955 on May 29, 2005, by a non-record 
vote.
                                                  ______________________________
                                                     Chief Clerk of the House   
	I certify that H.B. No. 955 was passed by the Senate, with 
amendments, on May 25, 2005, by the following vote:  Yeas 31, Nays 
0; at the request of the House, the Senate appointed a conference 
committee to consider the differences between the two houses; and 
that the Senate adopted the conference committee report on H.B. No. 
955 on May 29, 2005, by a viva-voce vote.
                                                  ______________________________
                                                      Secretary of the Senate   
APPROVED: __________________                                                
 
                Date                                                         
 
         __________________                                              
 
              Governor