By:  Coleman                                          H.B. No. 2279
       73R5386 CAE-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the registration of mortgage bankers and a reporting
    1-3  requirement regarding mortgage loans for financial institutions and
    1-4  mortgage bankers; providing a penalty.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Title 16, Revised Statutes, is amended by adding
    1-7  Articles 351 and 352 to read as follows:
    1-8        Art. 351.  REGISTRATION OF MORTGAGE BANKERS
    1-9        Sec. 1.  DEFINITIONS.  In this article:
   1-10              (1)  "Commissioner" means the banking commissioner.
   1-11              (2)  "Department" means the Banking Department of
   1-12  Texas.
   1-13              (3)  "Mortgage banker" means a person in the business
   1-14  of making mortgage loans in this state.  The term does not include
   1-15  an individual who solicits, places, processes, or negotiates a
   1-16  mortgage loan solely as an employee of a mortgage banker.
   1-17              (4)  "Mortgage loan" means an interest-bearing
   1-18  obligation secured by residential real property in this state.
   1-19              (5)  "Person" includes a corporation, organization,
   1-20  business trust, estate, trust, partnership, association, and any
   1-21  other legal entity.  The term does not include a government or a
   1-22  governmental subdivision or agency.
   1-23        Sec. 2.  EXEMPTIONS.  This article does not apply to:
   1-24              (1)  a state or federal bank;
    2-1              (2)  a state or federal savings and loan association;
    2-2  or
    2-3              (3)  a state or federal credit union.
    2-4        Sec. 3.  REGISTRATION REQUIRED.  A mortgage banker may not
    2-5  make a mortgage loan in this state unless the person has registered
    2-6  with the department under this article and paid a registration fee
    2-7  as required by rule of the commissioner.
    2-8        Sec. 4.  REGISTRATION FEE.  The commissioner by rule shall
    2-9  set the registration fee required under this article in an amount
   2-10  necessary to cover the costs of administering this article.
   2-11        Art. 352.  REPORT ON MORTGAGE LOANS BY FINANCIAL INSTITUTIONS
   2-12  AND MORTGAGE BANKERS
   2-13        Sec. 1.  DEFINITIONS.  In this article:
   2-14              (1)  "Branch office" means an office of a financial
   2-15  institution that is approved as a branch by a federal or state
   2-16  regulating agency, but does not include an unmanned teller machine
   2-17  as defined by Article 3a, Chapter IX, The Texas Banking Code
   2-18  (Article 342-903a, Vernon's Texas Civil Statutes), and its
   2-19  subsequent amendments.
   2-20              (2)  "Financial institution" means a state or national
   2-21  bank, state or federal savings and loan association, or state or
   2-22  federal credit union in this state.
   2-23              (3)  "Mortgage banker" has the meaning assigned by
   2-24  Article 351, Revised Statutes, and its subsequent amendments.  The
   2-25  term does not include a financial institution.
   2-26              (4)  "Mortgage loan" has the meaning assigned by
   2-27  Article 351, Revised Statutes, and its subsequent amendments.
    3-1        Sec. 2.  REPORT REQUIRED.  (a)  Each year a financial
    3-2  institution or mortgage banker shall submit a report of its
    3-3  mortgage loans for the previous calendar year.
    3-4        (b)  A bank or mortgage banker shall submit the report to the
    3-5  banking commissioner, a savings and loan association shall submit
    3-6  the report to the savings and loan commissioner, and a credit union
    3-7  shall submit the report to the credit union commissioner.
    3-8        (c)  A report submitted as required by this section must
    3-9  provide separate information on each branch office, except that
   3-10  branch offices located in a single municipality or in a single
   3-11  county may be reported together.
   3-12        (d)  A report under this article is public information.
   3-13        Sec. 3.  INFORMATION REQUIRED.  A report under this article
   3-14  must include for the calendar year that it covers:
   3-15              (1)  the number and total dollar amount of mortgage
   3-16  loans or home improvement loans that:
   3-17                    (A)  were made by the financial institution or
   3-18  mortgage banker and for which it received completed applications;
   3-19  or
   3-20                    (B)  were purchased by the financial institution
   3-21  or mortgage banker; and
   3-22              (2)  the number and dollar amount of each of the
   3-23  mortgage loans it made and the completed applications for mortgage
   3-24  loans it received presented by census tract, income level, racial
   3-25  characteristics, and sex.
   3-26        Sec. 4.  FORM OF REPORT; FINANCE COMMISSION DUTIES.  A report
   3-27  under this article must be submitted on a uniform form prescribed
    4-1  by The Finance Commission of Texas.  The finance commission may
    4-2  adopt rules to define terms not defined by this article and to
    4-3  provide for the administration of this article.
    4-4        Sec. 5.  DUE DATE OF REPORT; RECORDKEEPING.  (a)  A financial
    4-5  institution or mortgage banker shall submit the required report not
    4-6  later than January 30 and shall retain a copy of the report for its
    4-7  records for at least five years.
    4-8        (b)  A financial institution or mortgage banker shall make
    4-9  the report available to the public not later than the 30th day
   4-10  after the date the report is submitted to the appropriate
   4-11  commissioner.  The report shall be available to the public for five
   4-12  years at the financial institution's or mortgage banker's home
   4-13  office.  If a financial institution has a branch office in another
   4-14  county, a report must also be available in that county.  The report
   4-15  at the branch office may include only information relating to
   4-16  mortgage loans in the county where that branch office is located.
   4-17        Sec. 6.  PENALTY.  If the banking commissioner in the case of
   4-18  a banking association or mortgage banker, the savings and loan
   4-19  commissioner in the case of a savings and loan association, or the
   4-20  credit union commissioner in the case of a credit union finds that
   4-21  a financial institution or mortgage banker has violated this
   4-22  article or a rule adopted under this article, the commissioner may
   4-23  order the institution to pay a civil penalty.  The amount of a
   4-24  civil penalty under this section may not exceed $5,000 for each day
   4-25  the violation continues.  A penalty collected under this section
   4-26  shall be deposited in the state treasury.  The Finance Commission
   4-27  of Texas may adopt rules as necessary to carry out this section.
    5-1        Sec. 7.  SUMMARY OF REPORTS.  (a)  The banking commissioner
    5-2  for banks and mortgage bankers, the savings and loan commissioner
    5-3  for savings and loan associations, and the credit union
    5-4  commissioner for credit unions shall prepare a summary of all the
    5-5  reports submitted to that commissioner.  The banking commissioner
    5-6  shall prepare a separate summary for banks and for mortgage
    5-7  bankers.
    5-8        (b)  A summary prepared under this section shall be submitted
    5-9  to the governor, lieutenant governor, speaker of the house of
   5-10  representatives, and appropriate senate and house standing
   5-11  committees not later than April 1 of each year.
   5-12        SECTION 2.  (a)  This Act takes effect September 1, 1993.
   5-13        (b)  The first report required to be filed under Article 352,
   5-14  Revised Statutes, as added by this Act, shall be filed not later
   5-15  than February 1, 1994, and shall cover the 1993 calendar year.
   5-16        SECTION 3.  The importance of this legislation and the
   5-17  crowded condition of the calendars in both houses create an
   5-18  emergency and an imperative public necessity that the
   5-19  constitutional rule requiring bills to be read on three several
   5-20  days in each house be suspended, and this rule is hereby suspended.