By:  Patterson                                         S.B. No. 301
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to a voluntary, consensual encumbrance on homestead
    1-2  property for the purpose of an equity loan.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (b), Section 41.001, Property Code, is
    1-5  amended to read as follows:
    1-6        (b)  Encumbrances may be properly fixed on homestead property
    1-7  for:
    1-8              (1)  purchase money;
    1-9              (2)  taxes on the property; <or>
   1-10              (3)  work and material used in constructing
   1-11  improvements on the property if contracted for in writing as
   1-12  provided by Sections 53.059(a), (b), and (c); or
   1-13              (4)  an equity loan, as defined by Article 5A.01, Title
   1-14  79, Revised Statutes (Article 5069-5A.01, Vernon's Texas Civil
   1-15  Statutes).
   1-16        SECTION 2.  Title 79, Revised Statutes (Article 5069-1.01 et
   1-17  seq., Vernon's Texas Civil Statutes), is amended by adding Chapter
   1-18  5A to read as follows:
   1-19                       CHAPTER 5A.  EQUITY LOANS
   1-20        Art. 5A.01.  DEFINITIONS.  In this chapter:
   1-21              (1)  "Advance" means a draw or extension of credit as
   1-22  described by Article 1.01(f) of this title under an equity loan
   1-23  structured as a contract for an open-end account or as a reverse
   1-24  mortgage.
    2-1              (2)  "Application" means an oral or written request for
    2-2  an equity loan made according to procedures established by the
    2-3  lender.
    2-4              (3)  "Blended equity loan"  means an equity loan made
    2-5  for:
    2-6                    (A)  the payment or refinancing of all or part of
    2-7  the purchase money of a homestead, taxes on homestead property, or
    2-8  the work and material used in constructing improvements on a
    2-9  homestead or for the refinancing of a valid lien given in renewal
   2-10  and extension of a lien made for such a purpose; and
   2-11                    (B)  another purpose.
   2-12              (4)  "Business day" means a day other than a Sunday or
   2-13  a legal public holiday listed by 5 U.S.C. Section 6103(a).
   2-14              (5)  "Equity loan" means an extension of credit under a
   2-15  written agreement, including a contract for an open-end account,
   2-16  blended equity loan, or reverse mortgage, that is:
   2-17                    (A)  secured in whole or in part by a voluntary
   2-18  lien on or other consensual security interest in a homestead;
   2-19                    (B)  created with the consent of each owner and
   2-20  the spouse of each owner in accordance with applicable statutory
   2-21  requirements; and
   2-22                    (C)  without recourse for personal liability
   2-23  against each owner and the spouse of each owner.
   2-24              (6)  "Reverse mortgage" means a nonrecourse equity
   2-25  loan:
   2-26                    (A)  under which advances are provided to a
   2-27  borrower based on the equity in a borrower's residence homestead
    3-1  property; and
    3-2                    (B)  that requires no payment of principal or
    3-3  interest until the entire loan becomes due and payable.
    3-4        Art. 5A.02.  CONSTRUCTION OF CHAPTER.  (a)  For the purposes
    3-5  of this chapter, an equity loan is considered made on the earliest
    3-6  date on which both of the following are executed:
    3-7              (1)  each promissory note, or contract for an open-end
    3-8  account, evidencing the equity loan; and
    3-9              (2)  a deed of trust or other security instrument
   3-10  securing the equity loan.
   3-11        (b)  In establishing the fair market value of homestead
   3-12  property, a lender shall rely on an appraisal or evaluation,
   3-13  whichever may be appropriate, prepared in accordance with a state
   3-14  or federal requirement applicable to the lender.  If no state or
   3-15  federal appraisal or evaluation requirement applies to an equity
   3-16  loan, the fair market value of the homestead property may be, at
   3-17  the lender's option, the value estimate set forth in:
   3-18              (1)  the most recent ad valorem tax appraisal district
   3-19  valuation letter for the homestead property; or
   3-20              (2)  an appraisal prepared by a licensed or certified
   3-21  appraiser under the Texas Appraiser Licensing and Certification Act
   3-22  (Article 6573a.2, Vernon's Texas Civil Statutes).
   3-23        Art. 5A.03.  APPLICABILITY OF CHAPTER.  (a)  A lender making,
   3-24  negotiating, or arranging an equity loan, including a reverse
   3-25  mortgage, is required to comply with:
   3-26              (1)  this chapter;
   3-27              (2)  any nonconflicting requirement of another law
    4-1  relied on as authority for the rate or amount of interest provided
    4-2  for in the loan; and
    4-3              (3)  applicable federal law.
    4-4        (b)  A loan made for the payment or refinancing of all or
    4-5  part of the purchase money of a homestead, taxes on homestead
    4-6  property, including the refinancing of valid and subsisting ad
    4-7  valorem tax liens, federal tax liens, and maintenance fee liens, or
    4-8  the work and material used in constructing improvements on a
    4-9  homestead, or a loan made in renewal and extension of such a loan,
   4-10  is not an equity loan, but may be made subject to this chapter if
   4-11  the parties in the loan documents agree that the loan is to be
   4-12  governed by this chapter.  A blended equity loan is governed by
   4-13  this chapter.
   4-14        Art. 5A.04.  AUTHORIZED LENDERS.  (a)  An equity loan may be
   4-15  made only by:
   4-16              (1)  a bank, savings and loan association, savings
   4-17  bank, or credit union doing business under the laws of this state
   4-18  or of the United States;
   4-19              (2)  a person licensed under Chapter 3 of this title;
   4-20  or
   4-21              (3)  a person approved as a mortgagee by the United
   4-22  States Department of Housing and Urban Development to make insured
   4-23  loans under the National Housing Act (12 U.S.C. Section 1701 et
   4-24  seq.).
   4-25        (b)  A lender under Subsection (a) of this article may make
   4-26  an equity loan in addition to any other loan authorized for that
   4-27  lender.
    5-1        Art. 5A.05.  ELIGIBLE PROPERTY.  An equity loan may not be
    5-2  secured by homestead property that is designated for agricultural
    5-3  use as provided by Subchapter C, Chapter 23, Tax Code.
    5-4        Art. 5A.06.  ONE EQUITY LOAN AUTHORIZED.  At any time a
    5-5  homestead may not be encumbered by more than one equity loan in
    5-6  addition to a valid encumbrance on homestead property authorized by
    5-7  Section 41.001(b)(1), (2), or (3), Property Code.
    5-8        Art. 5A.07.  ADVANCES AND REPAYMENT DETERMINED BY AGREEMENT.
    5-9  An equity loan may provide for funding to or for the benefit of the
   5-10  borrower in one or more advances at a frequency and for a term  to
   5-11  which the parties agree.  An equity loan may provide for repayment
   5-12  in one or more payments on a payment schedule and in amounts to
   5-13  which the parties agree.
   5-14        Art. 5A.08.  CREDIT CARD ACCOUNTS PROHIBITED.  An equity loan
   5-15  may not be in the form of an open-end account under which a credit
   5-16  card may be used to debit the account.
   5-17        Art. 5A.09.  PERCENT OF VALUE LIMIT.  The principal amount of
   5-18  an equity loan plus the aggregate total of the outstanding balances
   5-19  of other indebtedness secured by valid encumbrances of record
   5-20  against the homestead property may not exceed 90 percent of the
   5-21  fair market value of the homestead property on the date the equity
   5-22  loan is made.
   5-23        Art. 5A.10.  ADVANCE NOT INCLUDED AS OUTSTANDING
   5-24  INDEBTEDNESS.  For the purposes of Article 5A.09 of this title, the
   5-25  aggregate total of the outstanding balances of indebtedness secured
   5-26  by valid encumbrances of record against the homestead property does
   5-27  not include any advance made by a lender to protect a lien,
    6-1  security interest, or other valid encumbrance on the homestead
    6-2  property securing the loan, including the payment of hazard
    6-3  insurance premiums, repairs to the homestead property, or payments
    6-4  on any indebtedness secured by a prior valid encumbrance on the
    6-5  homestead property.
    6-6        Art. 5A.11.  LIMIT ON COLLATERAL AND USE OF PROCEEDS.  (a)  A
    6-7  lender may not require or accept real or personal property as
    6-8  additional collateral on an equity loan, except for a manufactured
    6-9  home, as defined in the Texas Manufactured Housing Standards Act
   6-10  (Article 5221f, Vernon's Texas Civil Statutes), personal property
   6-11  affixed or to be affixed to the homestead in a manner that would
   6-12  make the property a fixture, or rents derived from homestead
   6-13  property.  Only the homestead property securing an equity loan may
   6-14  be collateral for the equity loan.
   6-15        (b)  A lender may not:
   6-16              (1)  require or accept a borrower's homestead property,
   6-17  regardless of whether the property was previously encumbered by an
   6-18  existing equity loan, as collateral on a debt not described by
   6-19  Section 41.001(b), Property Code;
   6-20              (2)  require a borrower to apply the proceeds of an
   6-21  equity loan to repay a debt not described by Section 41.001(b),
   6-22  Property Code; or
   6-23              (3)  seek recourse against or expose assets of a
   6-24  borrower other than the property securing the equity loan for
   6-25  payment or performance of an obligation of an equity loan.
   6-26        (c)  This article does not:
   6-27              (1)  prohibit or limit any statutory or common law lien
    7-1  or right of offset; or
    7-2              (2)  prevent a lender from requiring insurance
    7-3  authorized by this chapter as additional security for an equity
    7-4  loan.
    7-5        (d)  Proceeds of a sale of the homestead or its fixtures, or
    7-6  proceeds of insurance covering the property, are not considered
    7-7  additional collateral and may be included as part of the security
    7-8  for the loan.
    7-9        (e)  A provision of a deed of trust or other security
   7-10  agreement that secures a loan other than an equity loan and that
   7-11  makes the deed of trust or security agreement applicable to other
   7-12  indebtedness of the borrower does not apply to an equity loan of
   7-13  the borrower to the extent that the provision would cause the
   7-14  equity loan to be secured by property other than the borrower's
   7-15  homestead property.  This subsection does not affect the validity
   7-16  of the provision as applied to a loan other than an equity loan.
   7-17        Art. 5A.12.  ACCELERATION PROHIBITED.  (a)  A lender may not
   7-18  accelerate the remaining payments of an equity loan or demand
   7-19  payment of the loan in full because of a decrease in the market
   7-20  value of the homestead property securing the equity loan, unless
   7-21  the decrease in the market value is caused by substantial damage or
   7-22  destruction to the property, a condemnation or other taking of the
   7-23  property, the discovery of an environmental hazard on the property,
   7-24  or the use of the property in a manner that constitutes waste on
   7-25  the property or a nuisance.  This article does not prohibit a
   7-26  lender, if permitted by the loan documents, from refusing to make
   7-27  additional advances under an equity loan, other than a reverse
    8-1  mortgage,  if the market value of the homestead property decreases,
    8-2  regardless of the cause of the decrease.
    8-3        (b)  A lender may not accelerate the remaining payments of an
    8-4  equity loan or demand payment of the loan in full because of the
    8-5  borrower's default under any other indebtedness not secured by a
    8-6  prior valid encumbrance on the homestead property, regardless of
    8-7  whether the indebtedness is owed to the lender.  This article does
    8-8  not prohibit a lender, if permitted by the loan documents, from
    8-9  refusing to make additional advances under an equity loan, other
   8-10  than a reverse mortgage, if the borrower has defaulted in the
   8-11  performance or payment of another indebtedness owed to the lender
   8-12  or another creditor.
   8-13        Art. 5A.13.  NOTICE.  (a)  The lender in an equity loan shall
   8-14  provide to a borrower the following notice in type that is
   8-15  boldfaced, capitalized, underlined, or otherwise set out from
   8-16  surrounding written material so as to be conspicuous:
   8-17              "YOU ARE PLEDGING YOUR HOMESTEAD AS COLLATERAL TO
   8-18        SECURE THE PAYMENT OF A LOAN.  IF YOU DO NOT PAY OR IF
   8-19        YOU FAIL TO PERFORM THE TERMS OF THE LOAN CONTRACT, THE
   8-20        LENDER HAS THE RIGHT TO FORECLOSE ON YOUR HOMESTEAD AND
   8-21        SELL IT TO PAY THE LOAN.
   8-22              "YOUR HOMESTEAD MAY NOT BE PLEDGED TO SECURE THE
   8-23        PAYMENT OF MORE THAN ONE EQUITY LOAN AT A TIME.
   8-24              "ALL THE DEBTS AGAINST YOUR HOMESTEAD, INCLUDING
   8-25        THE EQUITY LOAN, MAY NOT EXCEED 90 PERCENT OF THE VALUE
   8-26        OF YOUR HOMESTEAD.
   8-27              "YOUR LENDER MAY NOT ACCEPT ANY OTHER PROPERTY
    9-1        YOU OWN, OTHER THAN A MANUFACTURED HOME, AS ADDITIONAL
    9-2        COLLATERAL FOR YOUR LOAN.
    9-3              "THIS LOAN IS MADE WITHOUT RECOURSE FOR PERSONAL
    9-4        LIABILITY.  IN THE EVENT OF DEFAULT, THE LENDER MAY
    9-5        FORECLOSE ONLY ON THE PROPERTY SECURING THE LOAN.
    9-6              "YOU HAVE AT LEAST 12 DAYS FROM THE DATE YOU
    9-7        REQUESTED THE LOAN TO CHANGE YOUR MIND ABOUT THE LOAN
    9-8        BEFORE YOU CAN SIGN THE LOAN DOCUMENTS.  IN ADDITION,
    9-9        YOU HAVE THREE BUSINESS DAYS AFTER YOU SIGN THE LOAN
   9-10        DOCUMENTS TO CHANGE YOUR MIND ABOUT THE LOAN.  IF YOU
   9-11        DECIDE NOT TO TAKE THE LOAN DURING ONE OF THESE
   9-12        PERIODS, YOU WILL HAVE NO FURTHER OBLIGATION TO THE
   9-13        LENDER.
   9-14              "THE LOAN DOCUMENT MAY NOT BE SIGNED AT YOUR
   9-15        HOME, AND MAY BE SIGNED ONLY AT THE LENDER'S OFFICE, AT
   9-16        A TITLE COMPANY, OR AT A TEXAS ATTORNEY'S OFFICE.
   9-17              "UNLESS THE INFORMATION IS CONTAINED IN YOUR NOTE
   9-18        OR ANOTHER LOAN DOCUMENT, YOUR LENDER IS REQUIRED TO
   9-19        GIVE YOU A WRITTEN STATEMENT WITH ITS NAME AND ADDRESS
   9-20        AND YOUR NAME AND ADDRESS EITHER BEFORE OR WHEN YOU
   9-21        SIGN THE LOAN DOCUMENTS.  THE STATEMENT MUST ALSO
   9-22        INCLUDE A DESCRIPTION OF ANY INSURANCE YOU PURCHASED,
   9-23        AND HOW MUCH YOU PAID, IN CONNECTION WITH THE LOAN.
   9-24              "ON YOUR REQUEST, YOUR LENDER IS REQUIRED TO GIVE
   9-25        YOU A RECEIPT IF YOU MAKE A PAYMENT ON THE LOAN IN
   9-26        CASH."
   9-27        (b)  The lender shall provide the notice when the lender
   10-1  receives a completed application for the loan.
   10-2        Art. 5A.14.  WAITING PERIOD; RESCISSION.  (a)  An equity loan
   10-3  may not be closed before the 12th day after the date the lender
   10-4  receives a completed application for the loan.
   10-5        (b)  Each owner of residential homestead property securing an
   10-6  equity loan may rescind the loan.  Compliance with all applicable
   10-7  state and federal law regarding the  right to rescind, including 12
   10-8  C.F.R. Sections 226.15 et seq. and 226.23 et seq., is considered
   10-9  compliance with this chapter regarding rescission.
  10-10        (c)  The right of rescission provided by this article applies
  10-11  to each equity loan made under this chapter, regardless of the
  10-12  purpose of the loan.  An owner of the residential homestead
  10-13  property securing an equity loan may not waive the right of
  10-14  rescission required by this article, regardless of whether
  10-15  applicable state or federal law provides for a waiver.
  10-16        Art. 5A.15.  LOCATION OF CLOSING.  An equity loan  may not be
  10-17  closed at the residence of the borrower and shall be closed only at
  10-18  an office of the lender, a title company, or an attorney licensed
  10-19  to practice law in this state.  For the purposes of this chapter,
  10-20  "closing" means the execution by the borrower of a promissory note
  10-21  and the security instruments securing the loan.
  10-22        Art. 5A.16.  GENERAL PROVISIONS RELATING TO REVERSE
  10-23  MORTGAGES.  (a)  Notwithstanding any other provision of this
  10-24  chapter, payment in whole or in part shall be permitted without
  10-25  penalty at any time during the term of a reverse mortgage.
  10-26        (b)  Advances made under a reverse mortgage and interest on
  10-27  those advances have priority over a lien filed for record in the
   11-1  real property records in the county where the residence homestead
   11-2  property is located after the reverse mortgage is filed for record
   11-3  in the real property records of that county.
   11-4        (c)  A reverse mortgage may provide for an interest rate that
   11-5  is fixed or adjustable and may also provide for interest that is
   11-6  contingent on appreciation in the fair market value of the
   11-7  homestead property.
   11-8        (d)  If a reverse mortgage provides for periodic advances to
   11-9  a borrower, the advances may not be reduced in amount or number
  11-10  because of an adjustment in the interest rate.
  11-11        (e)  A lender who fails to make loan advances as required in
  11-12  the loan documents, and who fails to cure the default as required
  11-13  in the loan documents, forfeits any right to collect all interest.
  11-14        Art. 5A.17.  REPAYMENT OF REVERSE MORTGAGE.  (a)  A reverse
  11-15  mortgage becomes due and payable if:
  11-16              (1)  the homestead property securing the loan is sold;
  11-17              (2)  all borrowers cease occupying the homestead
  11-18  property as a principal residence;
  11-19              (3)  any fixed maturity date agreed to by the lender
  11-20  and the borrower is reached; or
  11-21              (4)  an event that is specified in the loan documents,
  11-22  including the death of all borrowers, occurs and jeopardizes the
  11-23  lender's security.
  11-24        (b)  Temporary absences from the homestead property by all
  11-25  borrowers for a period not exceeding 60 consecutive calendar days
  11-26  may not cause the reverse mortgage to become due and payable.
  11-27  Temporary absences from the homestead property by all borrowers for
   12-1  a period exceeding 60 consecutive calendar days but not exceeding
   12-2  one year may not cause the reverse mortgage to become due and
   12-3  payable if the borrower has taken prior action to secure the home
   12-4  in a manner satisfactory to the lender.
   12-5        (c)  The lender's right to collect reverse mortgage payments
   12-6  is subject to the applicable statute of limitations for a debt
   12-7  provided by Section 16.004(a), Civil Practice and Remedies Code,
   12-8  and by Section 3.122, Business & Commerce Code, except that the
   12-9  period of limitations begins on the date the reverse mortgage
  12-10  becomes due and payable.
  12-11        (d)  In the loan documents, the lender must prominently
  12-12  disclose any interest or fee to be charged during the period that
  12-13  begins on the date the reverse mortgage becomes due and payable and
  12-14  ends when repayment is made in full.
  12-15        Art. 5A.18.  INAPPLICABILITY OF OTHER STATUTES TO REVERSE
  12-16  MORTGAGE.  A reverse mortgage loan may be made or acquired without
  12-17  regard to the following provisions of any applicable state or
  12-18  federal statute:
  12-19              (1)  a limitation on the purpose and use of future
  12-20  advances or other mortgage proceeds;
  12-21              (2)  a limitation on future advances to a term of years
  12-22  or a limitation on the term of open-end account advances;
  12-23              (3)  a limitation on the term during which future
  12-24  advances take priority over intervening advances;
  12-25              (4)  a requirement that a maximum loan amount be stated
  12-26  in the reverse mortgage loan documents;
  12-27              (5)  a limitation on loan-to-value ratios, other than a
   13-1  limitation provided by this chapter;
   13-2              (6)  a prohibition on balloon payments;
   13-3              (7)  a prohibition on compound interest and interest on
   13-4  interest;
   13-5              (8)  a prohibition on contracting for, charging, or
   13-6  receiving any rate of interest authorized under Article 1.04 of
   13-7  this title or under any other statute authorizing a lender to
   13-8  contract for a rate of interest; and
   13-9              (9)  a requirement that a percentage of the reverse
  13-10  mortgage proceeds be advanced before the assignment of the reverse
  13-11  mortgage.
  13-12        Art. 5A.19.  STATUS OF REVERSE MORTGAGE LOAN UNDER PUBLIC
  13-13  ASSISTANCE PROGRAM.  For the purposes of determining eligibility
  13-14  under any statute relating to payments, allowance, benefits, or
  13-15  services provided on a means-tested basis by this state, including
  13-16  supplemental security income, low-income energy assistance,
  13-17  property tax relief, medical assistance, and general assistance:
  13-18              (1)  reverse mortgage loan advances made to a borrower
  13-19  are considered proceeds from a loan, and not income; and
  13-20              (2)  undisbursed funds under a reverse mortgage loan
  13-21  are considered equity in a borrower's home and not proceeds from a
  13-22  loan.
  13-23        Art. 5A.20.  REVERSE MORTGAGE LOAN INFORMATION AND
  13-24  COUNSELING.  A lender may not make a reverse mortgage commitment
  13-25  unless the loan applicant attests in writing that the applicant
  13-26  received from the lender, at the time the notice is required by
  13-27  Article 5A.13 of this title, a statement prepared by the consumer
   14-1  credit commissioner regarding the advisability and availability of
   14-2  independent information and counseling services on reverse
   14-3  mortgages.  The consumer credit commissioner shall:
   14-4              (1)  develop the content and format of the statement;
   14-5              (2)  provide independent consumer information on
   14-6  reverse mortgages and their alternatives; and
   14-7              (3)  refer consumers to independent counseling services
   14-8  with expertise in reverse mortgages.
   14-9        Art. 5A.21.  INTEREST.  A lender may contract for and receive
  14-10  on an equity loan any fixed or variable rate of interest that does
  14-11  not exceed the maximum rate of interest authorized under Article
  14-12  1.04 of this title or under any other state or federal statute
  14-13  authorizing the lender to contract for a rate of interest.
  14-14  Interest shall be accrued and earned by applying the simple annual
  14-15  interest rate or rates under the loan contract to the principal
  14-16  balance, which may include unpaid interest and additions to
  14-17  principal authorized by the loan contract.  In determining the
  14-18  amount of interest accrued, the lender may assume that the payments
  14-19  have been made as originally scheduled and ignore any difference
  14-20  created by late or early payments.  Although payment of principal
  14-21  or interest is not required under a reverse mortgage until the
  14-22  entire loan becomes due and payable, interest accrues and may be
  14-23  compounded during the existence of the loan as provided by the
  14-24  reverse mortgage loan agreement.
  14-25        Art. 5A.22.  CLOSED-END EQUITY LOANS.  (a)  Each closed-end
  14-26  equity loan shall be scheduled to be repaid in substantially equal
  14-27  successive monthly installments, except that the first installment
   15-1  may be scheduled beyond one month from the date of the loan but not
   15-2  beyond two months from the date of the loan.
   15-3        (b)  The amount of each installment under the schedule of
   15-4  payments in a closed-end equity loan shall equal or exceed the
   15-5  amount of interest scheduled to accrue as of the date of the
   15-6  installment or that would accrue as of the installment date through
   15-7  amortization of the loan on the date of the loan.
   15-8        Art. 5A.23.  CHARGES AND FEES.  A contract for an equity loan
   15-9  may permit a lender to collect the following fees and charges in
  15-10  connection with the loan:
  15-11              (1)  a reasonable expense or cost paid, or that will be
  15-12  paid, to a third party that is not an employee or affiliate of the
  15-13  lender if the expense or cost is:
  15-14                    (A)  for an abstract, a title report, attorney's
  15-15  fees for a legal opinion or document preparation, title insurance,
  15-16  escrow for future payments of taxes and insurance, an annuity, an
  15-17  appraisal or evaluation, a survey, or a credit report; or
  15-18                    (B)  actually incurred in the making or servicing
  15-19  of an equity loan and necessary or proper for the protection of the
  15-20  lender;
  15-21              (2)  a fee prescribed by law paid, or that will be
  15-22  paid, to a public official for determining the existence of or for
  15-23  recording, releasing, or satisfying a lien, security interest, or
  15-24  other valid encumbrance related to an equity loan;
  15-25              (3)  a bona fide commitment fee for the separate
  15-26  consideration of committing to make an equity loan in the future;
  15-27              (4)  any other fee required by federal statute;
   16-1              (5)  a reasonable fee or charge paid to the trustee in
   16-2  connection with a deed of trust or similar instrument executed in
   16-3  connection with the equity loan, including a fee for enforcing the
   16-4  lien, posting for sale, selling, or releasing the property secured
   16-5  by the deed of trust;
   16-6              (6)  a reasonable fee paid to an attorney who is not an
   16-7  employee of the lender in the collection of a delinquent equity
   16-8  loan and any court cost or fee incurred in the collection  or
   16-9  foreclosure of a lien created by the loan;
  16-10              (7)  a fee not to exceed the amount permitted by law
  16-11  for the return by a depository institution of a dishonored check,
  16-12  negotiable order of withdrawal, share draft, or deposit draft
  16-13  offered in full or partial payment of an equity loan;
  16-14              (8)  a late charge or penalty, if all or part of a
  16-15  scheduled payment continues unpaid for 10 or more days after the
  16-16  date the payment was due, except that:
  16-17                    (A)  only one late charge or penalty authorized
  16-18  by this article may be charged for each scheduled payment that is
  16-19  past due; and
  16-20                    (B)  the late charge or penalty may not exceed
  16-21  five percent of the unpaid amount of the scheduled payment that is
  16-22  past due; and
  16-23              (9)  the premiums received in connection with the sale
  16-24  of insurance as provided by Article 5A.24 of this title.
  16-25        Art. 5A.24.  INSURANCE.  (a)  Under an equity loan, a lender
  16-26  may request or require a borrower to provide insurance:
  16-27              (1)  in the amounts and under the conditions that apply
   17-1  to secondary mortgage loans as provided by Articles 5.02 and 5.03
   17-2  of this title;
   17-3              (2)  in the amounts and under the terms and conditions
   17-4  of the Home Equity Conversion Mortgage Insurance program (Housing
   17-5  and Community Development Act of 1987, Pub. L. 100-242), Section
   17-6  255 of the National Housing Act (12 U.S.C. Section 1715z-20), and
   17-7  24 C.F.R. Section 206 et seq.; and
   17-8              (3)  in the amounts and under the terms and conditions
   17-9  provided for by any state or federal statute authorizing or
  17-10  requiring any type of insurance relating to a loan or other
  17-11  extension of credit, including insurance authorized under Chapters
  17-12  3, 4, 5, and 15 of this title.
  17-13        (b)  Premiums for insurance under this article may be added
  17-14  to the loan contract.
  17-15        Art. 5A.25.  LENDER'S DUTY TO BORROWER.  (a)  The lender
  17-16  under an equity loan shall deliver to the borrower, or to one of
  17-17  the borrowers if more than one, a copy of the note or the contract
  17-18  for an open-end account, a copy of all other documents signed by
  17-19  the borrower or borrowers, and a written statement of:
  17-20              (1)  the name and address of each borrower and of the
  17-21  lender; and
  17-22              (2)  each type of insurance, if any, for which a charge
  17-23  to a borrower  is included in the loan agreement and the amount of
  17-24  the charge for the insurance.
  17-25        (b)  If the note or another loan document contains the
  17-26  information required by Subsection (a) of this article, a copy of
  17-27  the note or document may be delivered to the borrower rather than
   18-1  the separate written statement.
   18-2        (c)  If requested by the borrower, the lender shall give a
   18-3  receipt to a person making a cash payment on an equity loan.
   18-4        (d)  A prepayment fee, charge, or penalty may not be
   18-5  collected on any equity loan, except as authorized by Article 1.07
   18-6  of this title.
   18-7        (e)  On termination and full payment of an equity loan, the
   18-8  holder shall within a reasonable time:
   18-9              (1)  cancel and return any note to the borrower and
  18-10  give the borrower a release of any mortgage, deed of trust,
  18-11  security instrument, or other instrument securing the loan; or
  18-12              (2)  endorse the note and assign any mortgage, deed of
  18-13  trust, or other security instrument to a refinancing lender who
  18-14  advances funds to discharge the equity loan indebtedness at the
  18-15  request of the borrower and in renewal and extension of the
  18-16  security instrument.
  18-17        Art. 5A.26.  PROHIBITED PRACTICES.  (a)  A lender may not
  18-18  accept an assignment of wages as security for a loan made under
  18-19  this chapter.
  18-20        (b)  In connection with an equity loan, a lender may not
  18-21  accept a confession of judgment or  power of attorney running to
  18-22  the lender or to a third person to confess judgment or to appear
  18-23  for a borrower in a judicial proceeding.
  18-24        (c)  A lender may not accept an instrument in which blanks
  18-25  are left to be filled in after an equity loan is executed.
  18-26        Art. 5A.27.  OWNER ACKNOWLEDGMENT.  A lienholder or assignee
  18-27  for value may conclusively rely on an acknowledgment by the owner
   19-1  of homestead property and the owner's spouse, if the owner is
   19-2  married, of compliance with applicable requirements for an equity
   19-3  loan secured by a mortgage, trust deed, or other lien on a
   19-4  homestead.
   19-5        Art. 5A.28.  REPORT BY LENDERS.  (a)  Before March 1 of each
   19-6  year, a lender that makes an equity loan shall submit to the
   19-7  director of the division of access to financial services a report
   19-8  of the lender's home equity loan activity during the calendar year
   19-9  preceding the year the report is submitted.  For each home equity
  19-10  loan for which the lender received an application, the report must
  19-11  state the purpose of the loan, whether the loan was granted, and
  19-12  the applicant's income and census tract.  The director of the
  19-13  division of access to financial services may set and collect from
  19-14  the lender a reasonable filing fee in connection with the
  19-15  submission of the report in an amount necessary and reasonable to
  19-16  enable the director of the division of access to financial services
  19-17  to carry out this article.
  19-18        (b)  The director of the division of access to financial
  19-19  services may accept a copy of a report submitted by the lender to a
  19-20  federal agency instead of the report required under Subsection (a)
  19-21  of this article if the report submitted to the federal agency
  19-22  contains the information required for a report under Subsection (a)
  19-23  of this article.
  19-24        (c)  A lender that does not make a home equity loan during
  19-25  the period covered by a report is not required to submit the
  19-26  report.
  19-27        Art. 5A.29.  EQUITY LOAN RECOVERY FUND.  (a)  The consumer
   20-1  credit commissioner shall establish and maintain an equity loan
   20-2  recovery fund.  The fund shall be used for reimbursing aggrieved
   20-3  persons who suffer actual damages as a result of misrepresentation,
   20-4  dishonesty, or fraud committed by an authorized lender in the
   20-5  course of making an equity loan, provided the recovery is ordered
   20-6  by a court of competent jurisdiction against the lender and the
   20-7  court determines that the lender is unable to make the payment.
   20-8        (b)  The sums received by the consumer credit commissioner
   20-9  for deposit in the equity loan recovery fund shall be held by the
  20-10  consumer credit commissioner in trust for carrying out the purposes
  20-11  of the equity loan recovery fund.
  20-12        (c)  The Finance Commission shall establish and collect
  20-13  reasonable and necessary fees from authorized lenders for each home
  20-14  equity loan originated by the lender to accomplish the purposes of
  20-15  this article.  Fees collected shall be deposited into the fund.
  20-16        (d)  The Finance Commission shall adopt rules necessary to
  20-17  implement this article.
  20-18        SECTION 3.  Chapter 2, Title 79, Revised Statutes (Article
  20-19  5069-2.01 et seq., Vernon's Texas Civil Statutes), is amended by
  20-20  adding Article 2.02E to read as follows:
  20-21        Art. 2.02E.  DIVISION OF ACCESS TO FINANCIAL SERVICES.
  20-22  (a)  The division of access to financial services is created in the
  20-23  Office of Consumer Credit Commissioner to inform, monitor, and
  20-24  report on the availability and quality of home equity loans,
  20-25  including home equity loans offered by financial institutions in
  20-26  the state to agricultural businesses, small businesses, and
  20-27  individual consumers in the state.
   21-1        (b)  The division shall be headed by a director appointed by
   21-2  the consumer credit commissioner.
   21-3        (c)  The director of the division of access to financial
   21-4  services shall adequately staff the division to carry out the
   21-5  division's functions under this article.
   21-6        (d)  The division shall:
   21-7              (1)  conduct research on the effect of home equity
   21-8  lending on the availability, quality, and cost of home equity
   21-9  lending for agricultural businesses, small businesses, and
  21-10  individual consumers in various regions of the state;
  21-11              (2)  conduct research on the effect of the practices of
  21-12  business entities in the state that provide home equity loans to
  21-13  agricultural businesses, small businesses, and individual consumers
  21-14  in the state;
  21-15              (3)  conduct a public information campaign to provide
  21-16  low-income and elderly consumers with information and counseling
  21-17  about the benefits and liabilities associated with home equity
  21-18  loans;
  21-19              (4)  compile a summary of the information received from
  21-20  each lender under Article 5A.28, Title 79, Revised Statutes
  21-21  (Article 5069-5A.28, Vernon's Texas Civil Statutes), including an
  21-22  analysis of census tract demographic data, to produce reports on
  21-23  home equity lending patterns with regard to the rate of application
  21-24  and loan acceptance by income and census tract of the home;
  21-25              (5)  not later than December 1 of each even-numbered
  21-26  year, provide to the legislature a report detailing the findings of
  21-27  the division and recommending any action the division believes is
   22-1  necessary to protect consumers with respect to home equity lending;
   22-2  and
   22-3              (6)  prepare information of public interest describing
   22-4  the functions of the division.  The division shall make the
   22-5  information available to the public and appropriate state and
   22-6  federal agencies.
   22-7        (e)  The division shall have the authority to apply for and
   22-8  receive public and private grants and gifts.
   22-9        (f)  The division shall have the authority to contract with
  22-10  public and private entities to carry out studies and analyses under
  22-11  this article.
  22-12        (g)  The consumer credit commissioner shall establish and
  22-13  collect reasonable and necessary fees to accomplish the purposes of
  22-14  this article.
  22-15        SECTION 4.  (a)  After May 1, 1998, the director of the
  22-16  division of access to financial services shall conduct a study of
  22-17  homestead equity lending under Chapter 5A, Title 79, Revised
  22-18  Statutes (Article 5069-5A.01 et seq., Vernon's Texas Civil
  22-19  Statutes), as added by this Act.
  22-20        (b)  Before January 1, 1999, the director of the division of
  22-21  access to financial services shall submit a report on its study to
  22-22  the governor, lieutenant governor, and speaker of the house of
  22-23  representatives.  The report must include:
  22-24              (1)  a summary of the information received by the
  22-25  director of the division of access to financial services under
  22-26  Article 5A.28, Title 79, Revised Statutes (Article 5069-5A.28,
  22-27  Vernon's Texas Civil Statutes), as added by this Act;
   23-1              (2)  an analysis of the effectiveness of the provisions
   23-2  of Chapter 5A, Title 79, Revised Statutes (Article 5069-5A.01 et
   23-3  seq., Vernon's Texas Civil Statutes), intended to protect
   23-4  borrowers, as added by this Act; and
   23-5              (3)  other information the director of the division of
   23-6  access to financial services considers relevant to the regulation
   23-7  of equity loans.
   23-8        SECTION 5.  This Act takes effect May 1, 1996, but only if
   23-9  the constitutional amendment proposed by S.J.R. No. 25, Acts of the
  23-10  74th Legislature, Regular Session, 1995, allowing voluntary,
  23-11  consensual encumbrances on homestead property for the purpose of
  23-12  home equity loans, is approved by the voters.  If that amendment is
  23-13  not approved by the voters, this Act has no effect.
  23-14        SECTION 6.  The importance of this legislation and the
  23-15  crowded condition of the calendars in both houses create an
  23-16  emergency and an imperative public necessity that the
  23-17  constitutional rule requiring bills to be read on three several
  23-18  days in each house be suspended, and this rule is hereby suspended.