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.