By Maxey H.B. No. 313
75R1382 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to payment of interest on certain escrow accounts;
1-3 providing a civil penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 16, Revised Statutes, is amended by adding
1-6 Article 375 to read as follows:
1-7 Art. 375. INTEREST ON ESCROW ACCOUNT
1-8 Sec. 1. DEFINITIONS. In this article:
1-9 (1) "Commissioner" means the banking commissioner of
1-10 Texas.
1-11 (2) "Mortgage lender" means a bank, savings and loan
1-12 association, savings bank, trust company, mortgage banking
1-13 institution, credit union, or other corporation or association
1-14 organized under state or federal law that makes a loan secured by a
1-15 security interest in residential property.
1-16 Sec. 2. APPLICATION OF ARTICLE. This article applies only
1-17 to residential property:
1-18 (1) having not more than four dwelling units and at
1-19 which an owner of the property resides; or
1-20 (2) that is owned by a cooperative association
1-21 incorporated under the Cooperative Association Act (Article
1-22 1396-50.01, Vernon's Texas Civil Statutes) and at which the members
1-23 or shareholders of the association are entitled to reside.
1-24 Sec. 3. PAYMENT OF INTEREST REQUIRED. If a mortgage lender
2-1 that holds a security interest in property to which this article
2-2 applies requires a person to maintain an escrow account with the
2-3 mortgage lender for the payment of property taxes or casualty
2-4 insurance premiums on the property, the mortgage lender shall pay
2-5 the person interest on the money in the escrow account quarterly
2-6 and on the date the escrow account terminates at the rate of
2-7 interest the commissioner determines.
2-8 Sec. 4. RULES. On recommendation of the commissioner, the
2-9 Finance Commission of Texas shall adopt rules necessary to carry
2-10 out this section, including rules providing for interest payment
2-11 dates, compounding of interest, and the manner in which payments
2-12 are made.
2-13 Sec. 5. RATE OF INTEREST. (a) Quarterly the commissioner
2-14 shall determine the interest rate applicable to payments made on
2-15 escrow accounts during the quarter for which the rate applies.
2-16 (b) In determining the interest rate, the commissioner shall
2-17 consider relevant economic and cost factors, including:
2-18 (1) current yields on short-term investments;
2-19 (2) current dividend rates paid on regular savings
2-20 accounts in this state;
2-21 (3) prevailing interest rates on conventional and
2-22 insured or guaranteed mortgage loans in this state; and
2-23 (4) cost factors in maintaining escrow accounts.
2-24 Sec. 6. CIVIL PENALTY. (a) A mortgage lender who does not
2-25 pay interest as required under this article is liable for a civil
2-26 penalty not to exceed $1,000 for each violation.
2-27 (b) The attorney general may sue to collect a civil penalty
3-1 under this section.
3-2 SECTION 2. This Act takes effect September 1, 1997, and
3-3 applies only to an escrow account established on or after the
3-4 effective date of this Act.
3-5 SECTION 3. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.