1-1     By:  Danburg, et al. (Senate Sponsor - Harris)        H.B. No. 1188

 1-2           (In the Senate - Received from the House May 14, 1997;

 1-3     May 15, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 18, 1997, reported favorably by the following vote:

 1-5     Yeas 7, Nays 1; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to home equity loans, the regulation of certain

 1-9     institutions and occupations connected with home equity loans, and

1-10     the consideration of home equity in certain financial assistance

1-11     applications; providing an administrative penalty.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 41.001(b), Property Code, is amended to

1-14     read as follows:

1-15           (b)  Encumbrances may be properly fixed on homestead property

1-16     for:

1-17                 (1)  purchase money;

1-18                 (2)  taxes on the property;

1-19                 (3)  work and material used in constructing

1-20     improvements on the property if contracted for in writing as

1-21     provided by Sections 53.059(a), (b), and (c);

1-22                 (4)  an owelty of partition imposed against the

1-23     entirety of the property by a court order or by a written agreement

1-24     of the parties to the partition, including a debt of one spouse in

1-25     favor of the other spouse resulting from a division or an award of

1-26     a family homestead in a divorce proceeding; [or]

1-27                 (5)  the refinance of a lien against a homestead,

1-28     including a federal tax lien resulting from the tax debt of both

1-29     spouses, if the homestead is a family homestead, or from the tax

1-30     debt of the owner; or

1-31                 (6)  an extension of credit defined by Section

1-32     50(a)(6), Article XVI, Texas Constitution.

1-33           SECTION 2.  Title 79, Revised Statutes (Article 5069-1.01 et

1-34     seq., Vernon's Texas Civil Statutes), is amended by adding Chapter

1-35     5A to read as follows:

1-36                          CHAPTER 5A.  EQUITY LOANS

1-37           Art. 5A.01.  DEFINITIONS.  In this chapter:

1-38                 (1)  "Application" means an oral or written request for

1-39     an equity loan made according to procedures established by the

1-40     lender.

1-41                 (2)  "Business day" means a day other than a Sunday or

1-42     a legal public holiday listed by 5 U.S.C. Section 6103(a).

1-43                 (3)  "Close" or "closing" means, for the purpose of an

1-44     equity loan, the execution by the borrower of the promissory note

1-45     and the security instruments securing the loan.

1-46                 (4)  "Equity loan" means an extension of credit defined

1-47     by Section 50(a)(6), Article XVI, Texas Constitution.

1-48                 (5)  "Reverse mortgage" means an equity loan:

1-49                       (A)  that is secured by a voluntary lien on

1-50     homestead property created by a written agreement with the consent

1-51     of each owner and each owner's spouse;

1-52                       (B)  that is made to a person who is or whose

1-53     spouse is 55 years or older;

1-54                       (C)  that is made without recourse for personal

1-55     liability against each owner and the spouse of each owner;

1-56                       (D)  under which advances are provided to a

1-57     borrower based on the equity in a borrower's homestead;

1-58                       (E)  that does not permit the lender to reduce

1-59     the amount or number of advances because of an adjustment in the

1-60     interest rate if periodic advances are to be made; and

1-61                       (F)  that requires no payment of principal or

1-62     interest until:

1-63                             (i)  the homestead property securing the

1-64     loan is sold; or

 2-1                             (ii)  all borrowers cease occupying the

 2-2     homestead property as a principal residence for more than 180

 2-3     consecutive days and the location of the homestead property owner

 2-4     is unknown to the lender.

 2-5           Art. 5A.02.  CONSTRUCTION OF CHAPTER.  (a)  For the purposes

 2-6     of this chapter, an equity loan is considered closed on the

 2-7     earliest date on which both of the following are executed:

 2-8                 (1)  each promissory note evidencing the equity loan;

 2-9     and

2-10                 (2)  a deed of trust or other security instrument

2-11     securing the equity loan.

2-12           (b)  In establishing the fair market value of homestead

2-13     property, a lender shall rely on an appraisal prepared in

2-14     accordance with a state or federal requirement applicable to the

2-15     lender.  If no state or federal appraisal requirement applies to an

2-16     equity loan, the fair market value of the homestead property may

2-17     be, at the lender's option, the value estimate set forth in:

2-18                 (1)  an appraisal prepared by a licensed or certified

2-19     appraiser under the Texas Appraiser Licensing and Certification Act

2-20     (Article 6573a.2, Vernon's Texas Civil Statutes); or

2-21                 (2)  any other competent appraisal.

2-22           Art. 5A.03.  APPLICABILITY OF CHAPTER.  A lender making an

2-23     equity loan must comply with:

2-24                 (1)  Section 50, Article XVI, Texas Constitution, and

2-25     this chapter;

2-26                 (2)  any nonconflicting requirement of another law

2-27     relied on as authority for the rate or amount of interest provided

2-28     for in the loan; and

2-29                 (3)  applicable federal law.

2-30           Art. 5A.04.  PERCENT OF VALUE LIMIT.  (a)  The principal

2-31     amount of an equity loan, plus the aggregate total of the

2-32     outstanding balances of other indebtedness secured by valid

2-33     encumbrances of record against the homestead property, may not

2-34     exceed 75 percent of the fair market value of the homestead

2-35     property on the date the equity loan is closed.  The lien securing

2-36     the equity loan is valid only if the principal amount of the equity

2-37     loan plus the aggregate total of the outstanding balances of other

2-38     indebtedness secured by valid encumbrances of record against the

2-39     homestead property does not exceed 75 percent of the fair market

2-40     value of the homestead property on the date the equity loan is

2-41     closed.  Violation of this article does not affect the validity of

2-42     other indebtedness secured by valid encumbrances of record against

2-43     the homestead property or of the lien securing the equity loan.

2-44           (b)  For the purposes of this article, the aggregate total of

2-45     the outstanding balances of indebtedness secured by valid

2-46     encumbrances of record against the homestead property does not

2-47     include any advance made by a lender to protect a lien on the

2-48     homestead property securing the loan, including the payment of

2-49     hazard insurance premiums, repairs to the homestead property, or

2-50     payments on any indebtedness secured by a prior valid encumbrance

2-51     on the homestead property.

2-52           Art. 5A.05.  RESCISSION.  (a)  Each owner or spouse of each

2-53     owner of homestead property securing an equity loan may rescind the

2-54     loan.  Compliance with all applicable state and federal law

2-55     regarding the right to rescind, including 12 C.F.R. Sections 226.15

2-56     et seq. and 226.23 et seq., is considered compliance with this

2-57     chapter regarding rescission.

2-58           (b)  The right of rescission provided by this article applies

2-59     to each equity loan made under this chapter, regardless of the

2-60     purpose of the loan.  An owner of the homestead property securing

2-61     an equity loan may not waive the right of rescission required by

2-62     this article, regardless of whether applicable state or federal law

2-63     provides for a waiver.

2-64           Art. 5A.06.  INTEREST.  A lender may contract for and receive

2-65     on an equity loan that is not a first lien any fixed or variable

2-66     rate of interest that does not exceed the lesser of the maximum

2-67     rate permitted by Article 1.04 of this title or 7-1/2 percentage

2-68     points above the auction average rate quoted on bank discount basis

2-69     for 26-week treasury bills issued by the United States government,

 3-1     as published by the Federal Reserve Board, for the week preceding

 3-2     the week in which the rate is contracted for, rounded to the

 3-3     nearest one-fourth of one percent. Interest shall be accrued and

 3-4     earned by applying the simple annual interest rate or rates under

 3-5     the loan contract to the principal balance. In determining the

 3-6     amount of interest accrued, the lender may assume that the payments

 3-7     have been made as originally scheduled and ignore any difference

 3-8     created by later or early payments.

 3-9           Art. 5A.07.  INSURANCE.  (a)  Under an equity loan, a lender

3-10     may request or require a borrower to provide insurance:

3-11                 (1)  in the amounts and under the conditions that apply

3-12     to a secondary mortgage loan under Articles 5.02 and 5.03 of this

3-13     title;

3-14                 (2)  in the amounts and under the terms and conditions

3-15     of:

3-16                       (A)  the home equity conversion mortgage

3-17     insurance program, Housing and Community Development Act of 1987,

3-18     Pub. L. No. 100-242;

3-19                       (B)  Section 255 of the National Housing Act (12

3-20     U.S.C. Section 1715z-20); and

3-21                       (C)  24 C.F.R. Part 206; and

3-22                 (3)  in the amounts and under the terms and conditions

3-23     provided for by any state or federal statute authorizing or

3-24     requiring any type of insurance relating to a loan or other

3-25     extension of credit, including insurance authorized under Chapters

3-26     3, 4, 5, and 15 of this title.

3-27           (b)  Premiums for insurance under this article may be added

3-28     to the loan contract.

3-29           Art. 5A.08.  REPORT BY LENDERS.  (a)  Before March 1 of each

3-30     year, a lender that makes an equity loan shall submit to the

3-31     director of the division of access to financial services a report

3-32     of the lender's home equity loan activity during the calendar year

3-33     preceding the year the report is submitted.  For each home equity

3-34     loan for which the lender received an application, the report must

3-35     state the primary purpose of the loan, whether the loan was

3-36     granted, and the applicant's income and census tract.  The director

3-37     of the division of access to financial services may set and collect

3-38     from the lender a reasonable filing fee in connection with the

3-39     submission of the report in an amount necessary and reasonable to

3-40     enable the director to carry out this article.

3-41           (b)  The director of the division of access to financial

3-42     services may accept a copy of a report submitted by the lender to a

3-43     federal agency instead of the report required under Subsection (a)

3-44     of this article if the report submitted to the federal agency

3-45     contains the information required for a report under Subsection (a)

3-46     of this article.

3-47           (c)  A lender that does not make a home equity loan during

3-48     the period covered by a report is not required to submit the

3-49     report.

3-50           Art. 5A.09.  EQUITY LOAN RECOVERY FUND.  (a)  The Consumer

3-51     Credit Commissioner shall establish and maintain an equity loan

3-52     recovery fund.  The fund shall be used for reimbursing aggrieved

3-53     persons who suffer actual damages as a result of misrepresentation,

3-54     dishonesty, or fraud committed by an authorized lender in the

3-55     course of making an equity loan, if the recovery is ordered by a

3-56     court against the lender and the court determines that the lender

3-57     is unable to make the payment.

3-58           (b)  An action for a judgment that subsequently results in an

3-59     order for collection from the equity loan recovery fund may not be

3-60     brought later than two years after the date on which the person who

3-61     suffers damages discovers the lender's misrepresentation,

3-62     dishonesty, or fraud.

3-63           (c)  The Finance Commission of Texas shall establish and

3-64     collect reasonable and necessary fees from authorized lenders for

3-65     each home equity loan originated by the lender to accomplish the

3-66     purposes of this article.  Fees collected shall be deposited into

3-67     the equity loan recovery fund.  The money in the equity loan

3-68     recovery fund shall be held by the Consumer Credit Commissioner in

3-69     trust for carrying out the purposes of the equity loan recovery

 4-1     fund.

 4-2           (d)  The Finance Commission of Texas shall adopt rules

 4-3     necessary to implement this article.

 4-4           Art. 5A.10.  GENERAL PROVISIONS RELATING TO REVERSE

 4-5     MORTGAGES.  (a)  Advances made under a reverse mortgage and

 4-6     interest on those advances have priority over a lien filed for

 4-7     record in the real property records in the county where the

 4-8     homestead property is located after the reverse mortgage is filed

 4-9     for record in the real property records of that county.

4-10           (b)  A reverse mortgage may provide for an interest rate that

4-11     is fixed or adjustable and may also provide for interest that is

4-12     contingent on appreciation in the fair market value of the

4-13     homestead property.

4-14           (c)  If a reverse mortgage provides for periodic advances to

4-15     a borrower, the advances may not be reduced in amount or number

4-16     because of an adjustment in the interest rate.

4-17           (d)  A lender who fails to make loan advances as required in

4-18     the loan documents and who fails to cure the default as required in

4-19     the loan documents forfeits all principal and interest of the

4-20     equity loan.

4-21           Art. 5A.11.  RELATIONSHIP OF OTHER STATUTES TO REVERSE

4-22     MORTGAGE.  A reverse mortgage that is secured by a valid lien

4-23     against homestead property may be made or acquired without regard

4-24     to the following provisions of any other statute of this state:

4-25                 (1)  a limitation on the purpose and use of future

4-26     advances or other mortgage proceeds;

4-27                 (2)  a limitation on future advances to a term of years

4-28     or a limitation on the term of open-end account advances;

4-29                 (3)  a limitation on the term during which future

4-30     advances take priority over intervening advances;

4-31                 (4)  a requirement that a maximum loan amount be stated

4-32     in the reverse mortgage loan documents;

4-33                 (5)  a prohibition on balloon payments;

4-34                 (6)  a prohibition on compound interest and interest on

4-35     interest;

4-36                 (7)  a prohibition on contracting for, charging, or

4-37     receiving any rate of interest authorized under Article 1.04 of

4-38     this title or under any other statute authorizing a lender to

4-39     contract for a rate of interest; and

4-40                 (8)  a requirement that a percentage of the reverse

4-41     mortgage proceeds be advanced before the assignment of the reverse

4-42     mortgage.

4-43           Art. 5A.12.  STATUS OF REVERSE MORTGAGE LOAN UNDER PUBLIC

4-44     ASSISTANCE PROGRAM.  For the purposes of determining eligibility

4-45     under any statute relating to payments, allowances, benefits, or

4-46     services provided on a means-tested basis by this state, including

4-47     supplemental security income, low-income energy assistance,

4-48     property tax relief, medical assistance, and general assistance:

4-49                 (1)  reverse mortgage loan advances made to a borrower

4-50     are considered proceeds from a loan and not income; and

4-51                 (2)  undisbursed funds under a reverse mortgage loan

4-52     are considered equity in a borrower's home and not proceeds from a

4-53     loan.

4-54           Art. 5A.13.  REVERSE MORTGAGE LOAN INFORMATION AND

4-55     COUNSELING.  A lender may not make a reverse mortgage commitment

4-56     unless the loan applicant attests in writing that the applicant

4-57     received from the lender, at the time the notice is required by

4-58     Section 50, Article XVI, Texas Constitution, of this title, a

4-59     statement prepared by the Consumer Credit Commissioner regarding

4-60     the advisability and availability of independent information and

4-61     counseling services on reverse mortgages.  The Consumer Credit

4-62     Commissioner shall:

4-63                 (1)  develop the content and format of the statement;

4-64                 (2)  provide independent consumer information on

4-65     reverse mortgages and their alternatives; and

4-66                 (3)  refer consumers to independent counseling services

4-67     with expertise in reverse mortgages.

4-68           Art. 5A.14.  SUBSEQUENT HOLDER OF EQUITY LOAN.  (a)  In

4-69     connection with a sale or lease of goods or services to be financed

 5-1     with the proceeds of an equity loan, the seller or lessor may not

 5-2     accept full or partial payment for the sale or lease unless the

 5-3     equity loan agreement includes the following notice in at least

 5-4     10-point, boldface type:

 5-5                                   NOTICE

 5-6           ANY HOLDER OF THIS EQUITY LOAN IS SUBJECT TO ALL CLAIMS

 5-7           AND DEFENSES THAT THE DEBTOR COULD ASSERT AGAINST THE

 5-8           SELLER OR LESSOR OF GOODS OR SERVICES OBTAINED WITH

 5-9           PROCEEDS FROM THIS LOAN.  THE DEBTOR'S RECOVERY MAY NOT

5-10           EXCEED AMOUNTS PAID BY THE DEBTOR FOR THE GOODS OR

5-11           SERVICES.

5-12           (b)  A holder of an equity loan is subject to all claims and

5-13     defenses that the debtor could assert against the seller or lessor

5-14     of goods or services obtained with proceeds of the equity loan. The

5-15     debtor's recovery may not exceed amounts paid by the debtor for the

5-16     goods or services.

5-17           Art. 5A.15.  RESTRICTIONS ON EQUITY LOANS.  A lender may not

5-18     make an equity loan that is solicited in person by the lender or

5-19     the lender's representative at the homestead or other residence of

5-20     a borrower.

5-21           SECTION 3.  Chapter 2, Title 79, Revised Statutes (Article

5-22     5069-2.01 et seq., Vernon's Texas Civil Statutes), is amended by

5-23     adding Article 2.02E to read as follows:

5-24           Art. 2.02E.  DIVISION OF ACCESS TO FINANCIAL SERVICES.  (a)

5-25     The division of access to financial services is created in the

5-26     Office of Consumer Credit Commissioner to inform, monitor, and

5-27     report on the availability and quality of home equity loans,

5-28     including equity loans offered by lenders in the state to

5-29     agricultural businesses, small businesses, and individual consumers

5-30     in the state.

5-31           (b)  The division shall be headed by a director appointed by

5-32     the Consumer Credit Commissioner.

5-33           (c)  The director of the division of access to financial

5-34     services shall adequately staff the division to carry out the

5-35     division's functions under this article.

5-36           (d)  The division shall:

5-37                 (1)  conduct research on the effect of equity lending

5-38     on the availability, quality, and cost of equity loans for

5-39     agricultural businesses, small businesses, and individual consumers

5-40     in various regions of the state;

5-41                 (2)  conduct research on the effect of the practices of

5-42     business entities in the state that provide equity loans to

5-43     agricultural businesses, small businesses, and individual consumers

5-44     in the state;

5-45                 (3)  conduct a public information campaign to provide

5-46     low-income and elderly consumers with information and counseling

5-47     about the benefits and liabilities associated with equity loans;

5-48                 (4)  compile a summary of the information received from

5-49     each lender under Article 5A.08, Title 79, Revised Statutes

5-50     (Article 5069-5A.08, Vernon's Texas Civil Statutes), including an

5-51     analysis of census tract demographic data, to produce reports on

5-52     equity lending patterns with regard to the rate of application and

5-53     loan acceptance by income and census tract of the homes;

5-54                 (5)  not later than December 1 of each even-numbered

5-55     year, provide to the legislature a report detailing the findings of

5-56     the division and recommending any action the division believes is

5-57     necessary to protect consumers with respect to equity lending; and

5-58                 (6)  prepare information of public interest describing

5-59     the functions of the division and make the information available to

5-60     the public and appropriate state and federal agencies.

5-61           (e)  The division may apply for and receive public and

5-62     private grants and gifts and contract with public and private

5-63     entities to carry out studies and analyses under this article.

5-64           (f)  The Consumer Credit Commissioner shall establish and

5-65     collect reasonable and necessary fees to accomplish the purposes of

5-66     this article.

5-67           SECTION 4.  Chapter 2, Title 79, Revised Statutes (Article

5-68     5069-2.01 et seq., Vernon's Texas Civil Statutes), is amended by

5-69     adding Article 2.02F to read as follows:

 6-1           Art. 2.02F.  STUDY AND REPORT; EQUITY LOANS.  (a)  After May

 6-2     1, 2000, the director of the division of access to financial

 6-3     services shall conduct a study of equity lending under Chapter 5A,

 6-4     Title 79, Revised Statutes (Article 5069-5A.01 et seq., Vernon's

 6-5     Texas Civil Statutes).

 6-6           (b)  Before January 1, 2001, the director of the division of

 6-7     access to financial services shall submit a report on the study to

 6-8     the governor, lieutenant governor, and speaker of the house of

 6-9     representatives.  The report must include:

6-10                 (1)  a summary of the information received by the

6-11     director of the division of access to financial services under

6-12     Article 5A.08, Title 79, Revised Statutes (Article 5069-5A.08,

6-13     Vernon's Texas Civil Statutes);

6-14                 (2)  an analysis of the effectiveness of Chapter 5A,

6-15     Title 79, Revised Statutes (Article 5069-5A.01 et seq., Vernon's

6-16     Texas Civil Statutes), intended to protect borrowers; and

6-17                 (3)  other information the director of the division of

6-18     access to financial services considers relevant to the regulation

6-19     of equity loans.

6-20           SECTION 5.  Subchapter A, Chapter 56, Education Code, is

6-21     amended by adding Section 56.004 to read as follows:

6-22           Sec. 56.004.  CONSIDERATION OF HOME EQUITY.  (a)  In

6-23     determining the eligibility of an applicant for financial

6-24     assistance or the financial need of an applicant in connection with

6-25     an application for financial assistance, an institution of higher

6-26     education, the Texas Higher Education Coordinating  Board, the

6-27     Texas Guaranteed Student Loan Corporation, or other state officer

6-28     or agency may not consider the amount of equity the applicant or

6-29     the applicant's family owns in a homestead of the applicant or of a

6-30     member of the applicant's family that is located in this state,

6-31     unless otherwise required by federal law.

6-32           (b)  In this section, "financial assistance" includes a

6-33     student loan, grant, scholarship, or work-study position.

6-34           SECTION 6.  Title 16, Revised Statutes, is amended by adding

6-35     Article 352 to read as follows:

6-36           Art. 352.  REPORT BY FINANCIAL INSTITUTIONS

6-37           Sec. 1.  DEFINITIONS.  In this article:

6-38                 (1)  "Financial institution" means a state or national

6-39     bank, state or federal savings and loan association, or state or

6-40     federal credit union in this state that is authorized to make an

6-41     equity loan described by Section 41.001(b)(6), Property Code.

6-42                 (2)  "Branch office" means an office of a financial

6-43     institution that is approved as a branch by a federal or state

6-44     regulating agency, but does not include an electronic terminal as

6-45     defined by Section 1.002, Texas Banking Act (Article 342-1.002,

6-46     Vernon's Texas Civil Statutes).

6-47           Sec. 2.  APPLICATION.  (a)  This article applies only to a

6-48     financial institution having deposits of $300 million or more or a

6-49     holding company owning or controlling one or more financial

6-50     institutions the combined deposits of which are $300 million or

6-51     more that makes an extension of credit authorized by Section

6-52     50(a)(6), Article XVI, Texas Constitution.

6-53           (b)  A financial institution or holding company is not

6-54     required to file a report under this article if all offices of the

6-55     financial institution or holding company are located in a single

6-56     county.

6-57           Sec. 3.  REPORT REQUIRED.  (a)  During each calendar quarter

6-58     a financial institution or holding company shall submit a report of

6-59     its financial activity, as provided by Section 4 of this article,

6-60     as of the end of the previous calendar quarter.

6-61           (b)  A bank shall submit the report to the banking

6-62     commissioner, a savings and loan association shall submit the

6-63     report to the savings and loan commissioner, a credit union shall

6-64     submit the report to the credit union commissioner, and a holding

6-65     company shall submit the report to the appropriate commissioner

6-66     regulating the type of financial institution owned or controlled by

6-67     the holding company.  A financial institution having deposits of

6-68     $300 million or more shall submit a separate report regardless of

6-69     whether it is owned or controlled by a holding company.

 7-1           (c)  A report submitted as required by this section must

 7-2     provide separate information on each branch office, except that

 7-3     branch offices located in a single municipality or in a single

 7-4     county may be reported together.

 7-5           (d)  A report under this article is public information.

 7-6           Sec. 4.  INFORMATION REQUIRED.  A report under this article

 7-7     must include:

 7-8                 (1)  information on loans and deposits itemized by

 7-9     categories as required by the Financial Institutions Examination

7-10     Council or its successor under 12 U.S.C. Section 3301 et seq. for

7-11     federally supervised financial institutions; and

7-12                 (2)  reports of condition or similar public reports

7-13     reported by branch office transaction.

7-14           Sec. 5.  FORM OF REPORT; FINANCE COMMISSION DUTIES.  A report

7-15     under this article must be submitted on a uniform form prescribed

7-16     by the Finance Commission of Texas.  The finance commission may

7-17     adopt rules to define terms not defined by this article and to

7-18     provide for the administration of this article.

7-19           Sec. 6.  DUE DATE OF REPORT; RECORDKEEPING; PUBLIC NOTICE AND

7-20     AVAILABILITY.  (a)  A financial institution or holding company

7-21     subject to this article shall submit the required report not later

7-22     than the 30th day after the last day of each calendar quarter and

7-23     shall retain a copy of the report for its records for at least five

7-24     years.

7-25           (b)  A financial institution or holding company shall make

7-26     the report available to the public not later than the 30th day

7-27     after the date the report is submitted to the appropriate

7-28     commissioner.  The report shall be available to the public for five

7-29     years at the financial institution's home office.  If a financial

7-30     institution has a branch office in another county, a report must

7-31     also be available in that county.  The report at the branch office

7-32     may include only information relating to transactions in the county

7-33     where that branch office is located.

7-34           (c)  A financial institution shall make the report required

7-35     by this article available for inspection and copying during the

7-36     hours the financial institution or branch office, as appropriate,

7-37     is normally open to the public for business.  The financial

7-38     institution may charge a reasonable fee for photocopying services.

7-39           (d)  A financial institution shall post a notice regarding

7-40     the availability of the report required by this article in the

7-41     lobbies of its home office and any branch office.  On request, the

7-42     financial institution shall promptly provide the location of the

7-43     institution's offices where the report is available.  A financial

7-44     institution may include the location where the report is available

7-45     in the notice of availability of the report.

7-46           Sec. 7.  PENALTY.  If the banking commissioner in the case of

7-47     a banking association, the savings and loan commissioner in the

7-48     case of a savings association, or the credit union commissioner in

7-49     the case of a credit union finds that a financial institution has

7-50     violated this article or a rule adopted under this article, the

7-51     commissioner may order the institution to pay an administrative

7-52     penalty.  The amount of an administrative penalty under this

7-53     section may not exceed $500 for each day the violation continues.

7-54     A penalty collected under this section shall be deposited in the

7-55     state treasury.  The Finance Commission of Texas may adopt rules as

7-56     necessary to carry out this section.

7-57           Sec. 8.  PROHIBITION ON CERTAIN LOANS SECURED BY HOMESTEAD.

7-58     A financial institution that is found under Section 7 of this

7-59     article to have violated this article, in addition to the penalty

7-60     provided under that section, is not eligible to make a loan

7-61     described by Section 41.001(b)(6), Property Code, until the

7-62     appropriate commissioner determines that the financial institution

7-63     has come into compliance with this article.

7-64           Sec. 9.  FORM OF REPORT: CREDIT UNION COMMISSION DUTIES.  For

7-65     the purposes of this article, the Credit Union Commission may adopt

7-66     rules to define terms not defined by this article and to provide

7-67     for the administration of this article, including the

7-68     administration of Section 7 relating to penalties.  A credit union

7-69     submitting a report under this article must submit the report on

 8-1     the form prescribed by the Credit Union Commission.

 8-2           SECTION 7.  Title 16, Revised Statutes, is amended by adding

 8-3     Article 361 to read as follows:

 8-4           Art. 361.  AUTOMATED TELLER MACHINE FEES

 8-5           Sec. 1.  DEFINITION.  In this article, "financial

 8-6     institution" means a state or national bank, state or federal

 8-7     savings and loan association, state or federal savings bank, or

 8-8     state or federal credit union.

 8-9           Sec. 2.  APPLICATION; FEES EXCLUSIVE.  (a)  This article

8-10     applies only to a financial institution that makes an extension of

8-11     credit under Section 50(a)(6), Article XVI, Texas Constitution.

8-12           (b)  A financial institution to which this article applies

8-13     may not charge a fee for use of an automated teller machine except

8-14     as provided by this article.

8-15           Sec. 3.  TRANSACTION FEE; FINANCIAL INSTITUTION CUSTOMER.  A

8-16     financial institution to which this article applies may charge a

8-17     customer of the financial institution a transaction fee of not more

8-18     than $1 for each transaction the customer makes relating to the

8-19     customer's account with the financial institution using an

8-20     automated teller machine, regardless of whether the financial

8-21     institution is the owner of the automated teller machine.

8-22           Sec. 4.  PROHIBITION ON MAKING CERTAIN LOANS SECURED BY

8-23     HOMESTEAD.  If the regulatory official responsible for regulating a

8-24     financial institution determines the financial institution has

8-25     violated this article, the financial institution is not eligible to

8-26     make a loan described by Section 50(a)(6), Article XVI, Texas

8-27     Constitution, until the official determines that the financial

8-28     institution has come into compliance with this article.

8-29           SECTION 8.  Section 9.02, Insurance Code, is amended by

8-30     adding Subsection (r) to read as follows:

8-31           (r)  "Equity loan mortgagee policy" means a Texas promulgated

8-32     Form T-2 mortgagee policy of title insurance that insures the

8-33     validity and priority of an equity loan mortgage, including a deed

8-34     of trust, trust deed, or other security instrument, on homestead

8-35     property.

8-36           SECTION 9.  Section 9.07, Insurance Code, is amended by

8-37     adding Subsection (g) to read as follows:

8-38           (g)  The commissioner shall promulgate an endorsement that

8-39     must be attached to an equity loan mortgagee policy.  The

8-40     endorsement must insure the priority of future advances, made in

8-41     accordance with the mortgage and applicable law, subject to any

8-42     legal limits on priority and to the other terms of the policy.  The

8-43     endorsement must insure the validity of the mortgage subject to the

8-44     terms of the policy and subject to an exclusion for compliance by

8-45     the lender with any constitutional or statutory requirements for,

8-46     and limitations on, equity loans secured by a mortgage on a

8-47     homestead.  The endorsement must affirmatively insure against

8-48     invalidity of the mortgage because of the failure of each owner and

8-49     the spouse of each owner to join in the mortgage.  The commissioner

8-50     may promulgate other policies and endorsements relating to an

8-51     equity loan mortgage on a homestead.

8-52           SECTION 10.  Chapter 20, Title 132, Revised Statutes, is

8-53     amended by adding Article 9001 to read as follows:

8-54           Art. 9001.  MORTGAGE BROKER REGISTRATION

8-55           Sec. 1.  DEFINITIONS.  In this article:

8-56                 (1)  "Commissioner" means the consumer credit

8-57     commissioner.

8-58                 (2)  "Mortgage" means a lien interest against real

8-59     estate created by a deed of trust, security deed, or other

8-60     instrument for debt.

8-61                 (3)  "Mortgage applicant" means a person who is

8-62     solicited to purchase or who purchases the services of a mortgage

8-63     broker.

8-64                 (4)  "Mortgage banker" means any person who makes,

8-65     services, or buys and sells mortgage loans with the person's own

8-66     funds.

8-67                 (5)  "Mortgage broker" means a person who, for

8-68     compensation, obtains or sells for another person a one-to-four

8-69     family residential mortgage or a person who, for compensation,

 9-1     receives for another person an application from a prospective

 9-2     borrower and places or attempts to place the application with a

 9-3     mortgage banker or other lender for purposes of making a

 9-4     one-to-four family residential mortgage. The term does not include

 9-5     a person who delivers an application and other loan information for

 9-6     a mortgage loan to a mortgage broker either on behalf of or at the

 9-7     instruction of the prospective borrower.

 9-8                 (6)  "Registrant" means a person who has been issued a

 9-9     certificate of registration under this article.

9-10           Sec. 2.  CERTIFICATE OF REGISTRATION REQUIREMENT.  (a)  A

9-11     person may not act as a mortgage broker in connection with an

9-12     extension of credit described by Section 50(a)(6), Article XVI,

9-13     Texas Constitution, without first having obtained a certificate of

9-14     registration from the commissioner for the person's main office and

9-15     for each other office to be maintained by the person for the

9-16     transaction of business as a mortgage broker in this state.

9-17           (b)  An employee of a registrant  is not required to obtain a

9-18     certificate of registration.

9-19           (c)  A certificate of registration is not required for:

9-20                 (1)  a bank, savings bank, or savings and loan

9-21     association, or a subsidiary or an affiliate of a bank, savings

9-22     bank, or savings and loan association;

9-23                 (2)  a state or federal credit union;

9-24                 (3)  a lender approved by the secretary of housing and

9-25     urban development for participation in a mortgage insurance program

9-26     under the National Housing Act, as amended (12 U.S.C. Section 1701

9-27     et seq.);

9-28                 (4)  a mortgage banker; or

9-29                 (5)  a person licensed under Chapter 3, Title 79,

9-30     Revised Statutes (Article 5069-3.01 et seq., Vernon's Texas Civil

9-31     Statutes), who makes, negotiates, or arranges a secondary mortgage

9-32     loan.

9-33           Sec. 3.  APPLICATION FOR CERTIFICATE OF REGISTRATION.  (a)

9-34     An application for a certificate of registration as a mortgage

9-35     broker must be in writing, under oath, and in the form prescribed

9-36     by the commissioner. The application must be accompanied by an

9-37     application fee of $150 for each office location to be maintained

9-38     by the applicant.

9-39           (b)  The application fee is not refundable.

9-40           (c)  If the applicant is a corporation or partnership, one of

9-41     the shareholders or partners, as appropriate, must be named in the

9-42     application as the person responsible for managing the operations

9-43     of the location or locations where business is to be transacted.

9-44           Sec. 4.  QUALIFICATIONS.  To be eligible for a certificate of

9-45     registration, a mortgage broker must:

9-46                 (1)  have at least one of the following minimum levels

9-47     of education, certification, or experience:

9-48                       (A)  an associate's degree in an area relating to

9-49     finance, banking, or business administration from an accredited

9-50     college or university, including an accredited community technical

9-51     college;

9-52                       (B)  the residential mortgage lender or certified

9-53     mortgage consultant certification, issued by the National

9-54     Association of Mortgage Brokers, or other certification similar in

9-55     scope and relevance;

9-56                       (C)  a real estate broker or salesman license

9-57     under The Real Estate License Act (Article 6573a, Vernon's Texas

9-58     Civil Statutes);

9-59                       (D)  a license as an attorney in this state;

9-60                       (E)  a license as a certified public accountant

9-61     in this state; or

9-62                       (F)  three years of experience:

9-63                             (i)  in the mortgage and lending field,

9-64     which may include employment with or as a mortgage broker or with a

9-65     financial institution, mortgage lending institution, or other

9-66     lending institution; or

9-67                             (ii)  that the commissioner determines

9-68     meets a minimum comparable standard for education and experience;

9-69                 (2)  demonstrate evidence of compliance with the

 10-1    financial requirements of this article; and

 10-2                (3)  have the financial responsibility, experience,

 10-3    character, and general fitness to command the confidence of the

 10-4    public and warrant the belief that the business will be operated

 10-5    honestly and fairly in compliance with the purposes of this

 10-6    article.

 10-7          Sec. 5.  MINIMUM NET ASSETS.  (a)  A registrant that conducts

 10-8    business as a mortgage broker shall maintain net assets of at least

 10-9    $25,000 and a surety bond in the amount of at least $25,000 or a

10-10    surety bond in the amount of at least $50,000. The term of the

10-11    surety bond must coincide with the term of the certificate of

10-12    registration.

10-13          (b)  This section does not apply to a registrant who is

10-14    licensed to practice law in this state.

10-15          (c)  In this section, "net assets" means the difference

10-16    between total assets and total indebtedness, as determined by

10-17    generally accepted accounting principles, except that assets of

10-18    doubtful or uncertain value are disallowed.

10-19          Sec. 6.  CRIMINAL HISTORY RECORD INFORMATION.  (a)  On the

10-20    filing of the application and payment of the application fee by the

10-21    applicant, the commissioner is entitled to obtain from the

10-22    Department of Public Safety criminal history record information

10-23    maintained by the department that relates to a person who is an

10-24    applicant for a certificate of registration.

10-25          (b)  Criminal history record information obtained under this

10-26    section is confidential and may not be released or disclosed to any

10-27    person except on court order or with the consent of the person who

10-28    is the subject of the criminal history record information.

10-29          Sec. 7.  ISSUANCE OF CERTIFICATE OF REGISTRATION.  (a)  The

10-30    commissioner shall issue a certificate of registration to a person

10-31    who applies for the certificate not later than the 30th day after

10-32    the date of receipt of a completed application unless the

10-33    commissioner has reason to believe that the eligibility

10-34    requirements of this article are not satisfied or the applicant's

10-35    financial responsibility, experience, character, and general

10-36    fitness do not command the confidence of the public and warrant the

10-37    belief that the business will be operated honestly and fairly in

10-38    compliance with the purposes of this article.

10-39          (b)  The commissioner shall notify an applicant in writing if

10-40    the application is denied. An applicant may appeal the decision by

10-41    submitting a written request for a hearing not later than the 30th

10-42    day after the date of the decision.

10-43          (c)  A certificate of registration issued under this article

10-44    may be renewed annually on or before its expiration date by payment

10-45    of a renewal fee of $150 for each location of an office to be

10-46    maintained by the applicant and a finding by the commissioner that

10-47    the applicant meets the conditions set forth by Subsection (a) of

10-48    this section and that the applicant's certificate of registration

10-49    is not subject to an order of suspension or revocation by the

10-50    commissioner. If a renewal fee is submitted to the commissioner

10-51    after the registration expires but before the 181st day after the

10-52    expiration date of the registration, the fee must be accompanied by

10-53    a late renewal fee of $100 for each location of an office

10-54    maintained by the applicant for which the renewal fee is late.

10-55          (d)  Before the 30th day preceding the effective date of an

10-56    address change, a registrant shall notify  the commissioner in

10-57    writing of the new address. If a registrant intends to move the

10-58    business to a location outside the municipality in which it is

10-59    located, a new application must be filed accompanied by the

10-60    application fee and a relocation fee of $15, and a new certificate

10-61    must be obtained before conducting business at the new location.

10-62          (e)  An application, renewal, late renewal, or relocation fee

10-63    may not be refunded after a certificate of registration has been

10-64    issued or renewed.

10-65          (f)  A certificate of registration issued under this article

10-66    is not transferable and may not be assigned. Ownership or control

10-67    of a registrant may not change without the approval of the

10-68    commissioner.

10-69          Sec. 8.  INVESTIGATION AND INSPECTION OF RECORDS.  (a)  On

 11-1    receipt of a written complaint or other probable cause to believe

 11-2    that a person is violating a provision of state law to which this

 11-3    article applies, the commissioner may request the person to furnish

 11-4    information and records relating to a transaction or business

 11-5    practice alleged to be in violation of the law. If a person fails

 11-6    to comply with a request, the commissioner may conduct an

 11-7    investigation to determine whether a violation has occurred.

 11-8          (b)  All information obtained by the commissioner or an

 11-9    employee or other agent of the commissioner by reason of the

11-10    person's official position, including information obtained in the

11-11    course of inspecting  or investigating an applicant for a

11-12    certificate of registration, is confidential. That information

11-13    remains confidential for all purposes except for lawful use by the

11-14    commissioner regarding the affairs of the registrant or in

11-15    connection with criminal proceedings.

11-16          Sec. 9.  PROHIBITIONS.  A registrant or applicant for a

11-17    certificate of registration under this article may not:

11-18                (1)  obtain a certificate of registration through a

11-19    false or fraudulent representation or make a substantial

11-20    misrepresentation in a registration application;

11-21                (2)  publish or cause to be published an advertisement

11-22    that is misleading, is likely to deceive the public, or in any

11-23    manner tends to create a misleading impression because it fails to

11-24    identify  as a registrant the person causing the advertisement to

11-25    be published;

11-26                (3)  engage in conduct that constitutes improper,

11-27    fraudulent, or dishonest dealings;

11-28                (4)  fail to notify the commissioner if the registrant

11-29    or applicant, in a court of competent jurisdiction of this state or

11-30    another state or in a federal court, is convicted of or enters a

11-31    plea of guilty or nolo contendere to a felony or a criminal offense

11-32    involving fraud;

11-33                (5)  fail to use fees collected in advance of closing

11-34    for the purposes for which the fees were paid; or

11-35                (6)  charge or receive, directly or indirectly, a fee

11-36    for assisting a mortgage applicant in obtaining a mortgage until

11-37    all of the services that the registrant has agreed to perform for

11-38    the mortgage applicant are completed, and the proceeds of the

11-39    mortgage loan have been disbursed to or on behalf of the mortgage

11-40    applicant except as provided by Section 10 of this article.

11-41          Sec. 10.  FEE ASSESSMENT AND DISCLOSURE.  (a)  Before

11-42    completion of all services, a registrant may charge and receive,

11-43    unless prohibited by law, the following fees for services in

11-44    assisting a mortgage applicant to obtain a mortgage:

11-45                (1)  a fee to obtain a credit report;

11-46                (2)  a fee for the appraisal of the real estate;

11-47                (3)  a fee paid directly by the mortgage applicant to a

11-48    state or federal governmental agency or instrumentality for

11-49    processing a mortgage application relating to a

11-50    government-sponsored or guaranteed mortgage program; or

11-51                (4)  subject to Subsection (b) of this section, fees

11-52    for locking in an interest rate, issuing a commitment letter, and

11-53    processing a loan or a loan application in connection with

11-54    obtaining or refinancing a mortgage loan.

11-55          (b)  A registrant may not charge and receive a fee for

11-56    locking in an interest rate, issuing a commitment letter, or

11-57    processing a loan or a loan application unless there is a written

11-58    agreement signed by the mortgage applicant and registrant that

11-59    contains:

11-60                (1)  the expiration date of the locked-in interest

11-61    rate;

11-62                (2)  the principal amount of the mortgage loan;

11-63                (3)  the term of the mortgage loan;

11-64                (4)  an identification of the property;

11-65                (5)  the initial interest rate;

11-66                (6)  the discount or points to be paid;

11-67                (7)  the amounts and payment terms of the fee for the

11-68    locked-in interest rate and commitment fee;

11-69                (8)  a statement of whether a fee described by

 12-1    Subdivision (7) of this subsection is refundable and, if so, the

 12-2    terms and conditions necessary to obtain the refund; and

 12-3                (9)  sources and amount or computation of amount to be

 12-4    paid to a mortgage broker by a person other than the mortgage

 12-5    applicant.

 12-6          (c)  If a fee is paid by a mortgage applicant for the

 12-7    performance of the service described by Subsection (a)(2) of this

 12-8    section and the registrant is unable to assist in obtaining a

 12-9    mortgage for the mortgage applicant, the registrant shall return to

12-10    the mortgage applicant the original documents prepared by the bona

12-11    fide third party at the time that the request for the mortgage is

12-12    refused or denied.

12-13          (d)  For purposes of this section, "bona fide third party"

12-14    means a person who is not an employee of, related to, or affiliated

12-15    with the registrant and who is not used for the purpose of

12-16    circumvention or evasion of this section.

12-17          Sec. 11.  SUSPENSION, REVOCATION, OR REFUSAL OF LICENSE;

12-18    INVESTIGATIONS; CEASE AND DESIST ORDERS.  (a)  After notice and

12-19    opportunity for a hearing, the commissioner may suspend, revoke, or

12-20    refuse to issue or renew a certificate of registration if the

12-21    commissioner finds:

12-22                (1)  the registrant has failed to pay a fee or charge

12-23    properly imposed by the commissioner under this article;

12-24                (2)  the registrant, knowingly or without the exercise

12-25    of due care, has violated a provision of this article or a rule or

12-26    order made under this article;

12-27                (3)  the existence of a fact or condition that clearly

12-28    would have justified the commissioner in refusing to issue the

12-29    certificate of registration, if the fact or condition existed at

12-30    the time the original application for the certificate of

12-31    registration was made;

12-32                (4)  the registrant has aided, abetted, or conspired

12-33    with a person to circumvent the requirements of this article;

12-34                (5)  the financial responsibility, experience,

12-35    character, or general fitness of the registrant or the registrant's

12-36    owners and managers does not command the confidence of the public

12-37    or warrant the belief that the business will be operated lawfully,

12-38    fairly, and within the purposes of this article; or

12-39                (6)  the registrant has failed to maintain the minimum

12-40    financial requirements of this article.

12-41          (b)  The commissioner may investigate alleged violations of

12-42    this article, or the rules adopted under this article, and

12-43    complaints concerning those alleged violations. The commissioner

12-44    may make application to any state district court for an order

12-45    enjoining such a violation and, on a showing by the commissioner

12-46    that a person has committed or is about to commit such a violation,

12-47    the court shall grant an injunction, restraining order, or other

12-48    appropriate relief.

12-49          (c)  In the course of an investigation, the commissioner by

12-50    subpoena may compel the attendance and testimony of witnesses and

12-51    the production of any book, record, or other document. The

12-52    commissioner is entitled to examine the book, record, or other

12-53    document at the registrant's office or place of business and to

12-54    require that copies of the book, record, or other document relating

12-55    to the matter in question be made as considered necessary. The

12-56    copies must be verified by affidavit of the person or an officer of

12-57    the person who is the subject of the document. When certified by

12-58    the commissioner, the copies may be admissible in evidence in an

12-59    investigation or hearing under this article or other law to which

12-60    this article applies or an appeal to district court. For this

12-61    purpose, the commissioner may sign subpoenas, administer oaths and

12-62    affirmations, examine witnesses, and receive evidence.

12-63          (d)  If a person fails to obey a subpoena, the district court

12-64    that has jurisdiction over the witness, on application by the

12-65    commissioner, may issue an order compelling a person to obey the

12-66    subpoena or to testify or produce any book, record, or other

12-67    document relating to the matter. The filing of an application to

12-68    enforce a subpoena shall be treated by the district court in the

12-69    same manner as a motion filed in a civil suit pending in the court.

 13-1    The district court shall set the application for hearing and notice

 13-2    of the filing of the application, and the hearing shall be served

 13-3    on the person to whom the subpoena is directed.

 13-4          (e)  If the commissioner determines that a person is engaged

 13-5    in, or is believed to be engaged in, activities that may constitute

 13-6    a violation of this article, the commissioner, after notice and a

 13-7    hearing, may issue a cease and desist order.

 13-8          Sec. 12.  CIVIL ACTIONS; INJUNCTIVE RELIEF; CRIMINAL

 13-9    PROSECUTIONS.  (a)  A mortgage applicant injured by a violation of

13-10    this article may bring an action for recovery of damages and

13-11    reasonable attorney's fees and court costs.

13-12          (b)  The commissioner, the attorney general, or a mortgage

13-13    applicant may bring an action to enjoin a violation of this

13-14    article.

13-15          (c)  The remedies provided by this section are in addition to

13-16    any other remedy provided by law.

13-17          (d)  In a proceeding or action brought under this article the

13-18    burden of proving an exemption is on the person claiming the

13-19    benefit of the exemption.

13-20          (e)  A person does not violate this article with respect to

13-21    an act taken or omission made in reliance on a written notice,

13-22    written interpretation, or written report from the commissioner,

13-23    unless a subsequent amendment to the article or rules adopted under

13-24    the article affect the commissioner's notice, interpretation, or

13-25    report.

13-26          (f)  On disbursement of mortgage proceeds to or on behalf of

13-27    the mortgage applicant, the registrant that assisted the mortgage

13-28    applicant to obtain the mortgage is considered to have completed

13-29    the performance of the registrant's services for the mortgage

13-30    applicant and owes no additional duties or obligations to the

13-31    mortgage applicant with respect to the mortgage. This subsection

13-32    does not limit or preclude the liability of a registrant for

13-33    failing to comply with this article or a rule adopted under this

13-34    article, for failing to comply with a provision of or duty arising

13-35    under an agreement with a mortgage applicant or lender under this

13-36    article, or for violating any other state or federal law.

13-37          Sec. 13.  RULEMAKING POWERS.  (a)  The commissioner may adopt

13-38    rules consistent with and necessary to accomplish the purposes of

13-39    this article, including rules relating to:

13-40                (1)  improper or fraudulent business practices or other

13-41    acts harmful to consumers in this state; and

13-42                (2)  the interpretation, implementation, and

13-43    enforcement of this article.

13-44          (b)  The commissioner may adopt rules to prohibit false,

13-45    misleading, or deceptive practices by registrants but may not adopt

13-46    any other rules restricting competitive bidding or advertising by

13-47    registrants. In adopting rules to prohibit false, misleading, or

13-48    deceptive practices by registrants, the commissioner may not

13-49    restrict:

13-50                (1)  the use of any medium for advertising;

13-51                (2)  the personal appearance of or voice of a person in

13-52    an advertisement;

13-53                (3)  the size or duration of an advertisement; or

13-54                (4)  the registrant's advertisement under a trade name.

13-55          (c)  The commissioner by rule shall provide for proportionate

13-56    recovery from registrants of the cost of applications, renewals,

13-57    and investigation.

13-58          (d)  The commissioner may not adopt rules that impose

13-59    additional qualifications or requirements for the issuance or

13-60    renewal of a certificate of registration.

13-61          Sec. 14.  ACCOUNT.  (a)  The commissioner shall deliver all

13-62    money received under this article to the comptroller for deposit in

13-63    a special account in the general revenue fund.

13-64          (b)  Money in the account may be used only to administer this

13-65    article.

13-66          Sec. 15.  EFFECT ON TEXAS CREDIT SERVICES ORGANIZATIONS ACT.

13-67    A registrant is exempt from the requirements of Chapter 18,

13-68    Business & Commerce Code, to the extent that the registrant does

13-69    not charge a fee for any service regulated under that chapter.

 14-1          Sec. 16.  SECONDARY MARKET TRANSACTIONS.  This article does

 14-2    not prohibit a mortgage broker from receiving compensation from a

 14-3    party other than the mortgage applicant for the sale, transfer,

 14-4    assignment, or release of rights on the closing of a mortgage

 14-5    transaction, provided that the compensation is disclosed in writing

 14-6    to the mortgage applicant.

 14-7          SECTION 11.  A person is not required to be registered under

 14-8    Article 9001, Revised Statutes, as added by this Act, before

 14-9    January 1, 1998.

14-10          SECTION 12.  The first report of financial institutions

14-11    required by Article 352, Revised Statutes, as added by this Act,

14-12    shall cover the first calendar quarter of 1998 and shall be filed

14-13    during the second calendar quarter of that year.

14-14          SECTION 13.  This Act takes effect January 1, 1998, but only

14-15    if the constitutional amendment proposed by H.J.R. No. 31, Acts of

14-16    the 75th Legislature, Regular Session, 1997, allowing voluntary,

14-17    consensual encumbrances on homestead property for the purpose of

14-18    equity loans, is approved by the voters.  If that amendment is not

14-19    approved by the voters, this Act has no effect.

14-20          SECTION 14.  The importance of this legislation and the

14-21    crowded condition of the calendars in both houses create an

14-22    emergency and an imperative public necessity that the

14-23    constitutional rule requiring bills to be read on three several

14-24    days in each house be suspended, and this rule is hereby suspended.

14-25                                 * * * * *