LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                          April 17, 1995



 TO:     Honorable Ken Armbrister, Chair        IN RE:  Committee
         Committee on State Affairs             Substitute
         Senate                                                 for Senate
         Austin, Texas                          Bill No. 301










FROM: John Keel, Director

In response to your request for a Fiscal Note on Senate Bill No.
301 (Relating to a voluntary, consensual encumbrance on homestead
property for the purpose of an equity loan.; Relating to a
voluntary, consensual encumbrance on homestead property for the
purpose of an equity loan.) this office has determined the
following:

The bill would allow homeowner's to receive an equity loan or
reversible mortgage loan from financial institutions against
their homestead property.  The principal amount of the loan plus
all other encumbrances could not exceed 90% of the fair market
value of the property used as collateral; only the homestead
property securing an equity loan could be used as collateral.

Acceleration of an equity loan is prohibited due to a decrease in
market value, unless the decrease is caused by damage or
destruction to the property, environmental hazards, condemnation
or use of the secured property that constitutes a waste or
nuisance.  Lenders would be required to provide homeowners with a
notice, as specified in the bill, once they request application
for an equity loan.

The bill would also create the division of Access to Financial
Services in the Office of Consumer Credit Commissioner.  The
division will conduct research on equity lending, business
practices, prepare a report for the legislature regarding Home    




Equity Lending.

The bill also creates the Equity Loan Recovery Fund to reimburse 
consumers who suffer damages as a result of misrepresentation,
dishonesty, or fraud committed by an authorized lender.  The
Office of Consumer Credit Commissioner will act as the
administrator of the account.

The probable fiscal implication of implementing the provisions of
the bill during each of the first  five years following passage
is estimated as follows:
     



            Fiscal  Probable Revenue   Probable Cost Out    Probable Revenue  
             Year     Gain to   GR           of  GR           Gain to Other   
                     Consolidated -      Consolidated -    Funds 997 - Equity 
                    Consumer Credit     Consumer Credit    Loan Recovery Fund 
                       Exp Fd 509          Exp Fd 509                         
                                                                              
          1996             $1,256,000          $1,261,072              $85,000
          1997              1,261,000           1,200,478              110,000
                                                                              
          1998              1,261,000           1,215,951              110,000
                                                                              
          1999              1,261,000           1,239,785              110,000
          2000              1,316,000           1,341,006              110,000
                                                                              
                                                                              
                                                                              
            Fiscal     Change in    
             Year   Number of State 
                     Employees from 
                        FY 1995     
                                    
                                    
          1996                  22.0
          1997                  22.0
                                    
          1998                  22.0
                                    
          1999                  22.0
          2000                  22.0
                                    
                                    
                                    
       Similar annual fiscal implications would continue as long as the
provisions of the bill are in effect.

No fiscal implication to units of local government is
anticipated.




Source:   Comptroller of Public Accounts, Office of the Consumer
Credit Commissioner
          LBB Staff: JK, VS, DF