74R11633 E
          By Jones of Lubbock                                   H.B. No. 2163
          Substitute the following for H.B. No. 2163:
          By Elkins                                         C.S.H.B. No. 2163
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to loan processing and preparation fees.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section (8), Article 3.15, Title 79, Revised
    1-5  Statutes (Article 5069-3.15, Vernon's Texas Civil Statutes), is
    1-6  amended to read as follows:
    1-7        (8)  In addition to the authorized charges provided in this
    1-8  chapter no further or other charge or amount whatsoever shall be
    1-9  directly<, or indirectly,> charged, contracted for, or received by
   1-10  the lender.  This includes <(but is not limited by)> all charges
   1-11  such as fees, compensation, bonuses, commissions, brokerage,
   1-12  discounts, <expenses> and every other charge of any nature
   1-13  whatsoever<, whether of the types listed herein or not>.  Without
   1-14  limitation of the foregoing, such charges may be any form of costs
   1-15  or compensation whether contracted for or not, received by the
   1-16  lender, <or any other person,> in connection with (a) the
   1-17  investigating, arranging, negotiation, procuring, guaranteeing,
   1-18  making, servicing, collecting or enforcing of a loan; or (b) for
   1-19  the forbearance of money<, credit, goods or things in action; or
   1-20  (c) for any other service or services performed or offered>.
   1-21  However, (a) brokerage fees, discount fees, and fees for the
   1-22  investigating, arranging, negotiation, procuring, guaranteeing,
   1-23  making, servicing, collecting, or enforcing of a loan that are paid
   1-24  to a disinterested third party are exempt from this Chapter and are
    2-1  not interest; and (b) the prohibition set out herein shall not
    2-2  apply to a fee not to exceed $25 to defray the costs necessary to
    2-3  prepare or process a loan; a fee contracted for or paid to a third
    2-4  party who has no ownership interest in the lender, unless the
    2-5  lender is a state or nationally chartered bank and the person
    2-6  receiving the fee has an ownership interest of less than five
    2-7  percent in the bank and does not serve as an officer or director of
    2-8  the bank; amounts actually incurred by an authorized lender as
    2-9  court costs; attorney fees assessed by a court; lawful fees for
   2-10  filing, recording, or releasing in any public office any security
   2-11  for a loan; the reasonable cost actually expended for repossessing,
   2-12  storing, preparing for sale, or selling any security; or fees for
   2-13  noting a lien on or transferring a certificate of title to any
   2-14  motor vehicle offered as security for a loan made under this
   2-15  Chapter, or premiums or identifiable charge received in connection
   2-16  with the sale of insurance authorized under this Chapter.
   2-17        SECTION 2.  Section (7), Article 4.01, Title 79, Revised
   2-18  Statutes (Article 5069-4.01, Vernon's Texas Civil Statutes), is
   2-19  amended to read as follows:
   2-20        (7)  In addition to the authorized charges provided in this
   2-21  Chapter no further or other charge or amount whatsoever shall be
   2-22  directly<, or indirectly,> charged, contracted for, or received by
   2-23  the lender.  This includes <(but is not limited by)> all charges
   2-24  such as fees, compensation, bonuses, commissions, brokerage,
   2-25  discounts, <expenses> and every other charge of any nature
   2-26  whatsoever<, whether of the types listed herein or not>.  Without
   2-27  limitation of the foregoing, such charges may be any form of costs
    3-1  or compensation whether contracted for or not, received by the
    3-2  lender, <or any other person,> in connection with (a) the
    3-3  investigating, arranging, negotiation, procuring, guaranteeing,
    3-4  making, servicing, collecting or enforcing of a loan; or (b) for
    3-5  the forbearance of money<, credit, goods or things in action; or
    3-6  (c) for any other service or services performed or offered>.
    3-7  However, (a) brokerage fees, discount fees, and fees for the
    3-8  investigating, arranging, negotiation, procuring, guaranteeing,
    3-9  making, servicing, collecting, or enforcing of a loan that are paid
   3-10  to a disinterested third party are exempt from this Chapter and are
   3-11  not interest; and (b) the prohibition set out herein shall not
   3-12  apply to a fee not to exceed $25 to defray the costs necessary to
   3-13  prepare or process a loan; a fee contracted for or paid to a third
   3-14  party who has no ownership interest in the lender, unless the
   3-15  lender is a state or nationally chartered bank and the person
   3-16  receiving the fee has an ownership interest of less than five
   3-17  percent in the bank and does not serve as an officer or director of
   3-18  the bank; amounts actually incurred by a lender as court costs,
   3-19  attorney fees assessed by a court, lawful fees for filing,
   3-20  recording, or releasing to any public office any instrument
   3-21  securing a loan; the reasonable cost actually expended for
   3-22  repossessing, storing, preparing for sale, or selling any security;
   3-23  or fees for noting a lien on or transferring a certificate of title
   3-24  to any motor vehicle offered as security for a loan made under this
   3-25  Chapter, or premiums or identifiable charge received in connection
   3-26  with the sale of insurance authorized under this Chapter.
   3-27        SECTION 3.  Section (7), Article 5.02, Title 79, Revised
    4-1  Statutes (Article 5069-5.02, Vernon's Texas Civil Statutes), is
    4-2  amended to read as follows:
    4-3        (7)  In addition to the authorized charges provided in the
    4-4  Chapter no further or other charge or amount whatsoever shall be
    4-5  directly<, or indirectly,> charged, contracted for, or received by
    4-6  the lender.  This includes <(but is not limited by)> all charges
    4-7  such as fees, compensation, bonuses, commissions, brokerage,
    4-8  discounts, <expenses> and every other charge of any nature
    4-9  whatsoever<, whether of the types listed herein or not>.  Without
   4-10  limitation of the foregoing, such charges may be any form of costs
   4-11  or compensation whether contracted for or not, received by the
   4-12  lender, <or any other person,> in connection with (a) the
   4-13  investigating, arranging, negotiation, procuring, guaranteeing,
   4-14  making, servicing, collecting or enforcing a loan; or (b) for the
   4-15  forbearance of money.  However, brokerage fees, discount fees, and
   4-16  fees for the investigating, arranging, negotiation, procuring,
   4-17  guaranteeing, making, servicing, collecting, or enforcing of a loan
   4-18  that are paid to a disinterested third party are exempt from this
   4-19  Chapter and are not interest<, credit, goods or things in action;
   4-20  or (c) for any other service or services performed or offered>.  A
   4-21  secondary mortgage loan lender or an assignee of a secondary
   4-22  mortgage loan may collect on or before the closing of a loan, or
   4-23  include in the principal of the secondary mortgage loan, the
   4-24  following:
   4-25              (A)  reasonable fees for title examination and
   4-26  preparation of an abstract of title by an attorney not an employee
   4-27  of the lender, or a title company or property search company
    5-1  authorized to do business in this State; or premiums or fees for
    5-2  title insurance or title search for the benefit of the mortgagee,
    5-3  and, at mortgagor's option, title insurance or title search for the
    5-4  benefit of the mortgagor;
    5-5              (B)  reasonable fees charged to the lender by an
    5-6  attorney, provided the attorney is not a salaried employee of the
    5-7  lender, for preparation of the loan documents in connection with
    5-8  the mortgage loan, if the fees are evidenced by a statement for
    5-9  services rendered addressed to the lender;
   5-10              (C)  charges prescribed by law that are or will be paid
   5-11  to public officials for determining the existence of and for
   5-12  perfecting, releasing, and satisfying a security interest;
   5-13              (D)  reasonable fees for an appraisal of real property
   5-14  offered as security for the loan prepared by a certified appraiser
   5-15  who is not an employee of the lender;
   5-16              (E)  reasonable cost of any credit report;
   5-17              (F)  reasonable fees for a survey of real property
   5-18  offered as security for the loan prepared by a registered surveyor
   5-19  who is not a salaried employee of the lender; <and>
   5-20              (G)  the premiums received in connection with the sale
   5-21  of credit life insurance, credit accident and health insurance, and
   5-22  insurance which protects the mortgagee in the event of default by
   5-23  the mortgagor, the benefits of which go in whole or in part to
   5-24  reduce or extinguish the loan balance.  Premiums for property
   5-25  insurance written in conformity with Section (2) of Article 5.03 of
   5-26  this Title may be added to the loan contract;
   5-27              (H)  reasonable fees in an amount not to exceed $25 to
    6-1  defray the costs necessary to prepare or process a loan; and
    6-2              (I)  any fee contracted for and disclosed in a
    6-3  transaction in which the consumer has a three-day right of
    6-4  recision, such as a fee charged by a credit services organization
    6-5  registered under Chapter 18, Business & Commerce Code.
    6-6        In addition, the contract for a secondary mortgage loan may
    6-7  provide for:
    6-8              (A)  reasonable fees or charges paid to the trustee in
    6-9  connection with a deed of trust or similar instrument executed in
   6-10  connection with the secondary mortgage loan, including but not
   6-11  limited to fees for enforcing the lien, posting for sale, selling,
   6-12  or releasing the property secured by the deed of trust;
   6-13              (B)  reasonable fees paid to an attorney who is not an
   6-14  employee of the creditor in the collection of a delinquent
   6-15  secondary mortgage loan and any court costs and fees incurred in
   6-16  the collection of, or foreclosure of, any lien created by the loan;
   6-17              (C)  a fee of Fifteen Dollars or less for the return by
   6-18  a depository institution of a dishonored check, negotiable order of
   6-19  withdrawal, or share draft offered in full or partial payment of a
   6-20  secondary mortgage loan.
   6-21        SECTION 4.  This Act takes effect September 1, 1995.
   6-22        SECTION 5.  The importance of this legislation and the
   6-23  crowded condition of the calendars in both houses create an
   6-24  emergency and an imperative public necessity that the
   6-25  constitutional rule requiring bills to be read on three several
   6-26  days in each house be suspended, and this rule is hereby suspended.