By Ehrhardt                                           H.B. No. 2338
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain charges for administration of loans and loan
 1-3     applications.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5            ARTICLE 1.  AMENDMENTS TO TITLE 79, REVISED STATUTES
 1-6           SECTION 1.01.  Article 3A.301, Title 79, Revised Statutes
 1-7     (Article 5069-3A.301, Vernon's Texas Civil Statutes), is amended by
 1-8     adding Subsection (e) to read as follows:
 1-9           (e)  A loan contract under this subchapter may provide for an
1-10     administrative fee in an amount not to exceed $20.  The
1-11     administrative fee is considered earned when the loan is made or
1-12     refinanced and is not subject to refund.  A lender refinancing the
1-13     loan may not contract for or receive an administrative fee for the
1-14     loan more than once in any 180-day period.  Fifty cents of each
1-15     administrative fee shall be deposited with the comptroller for use
1-16     in carrying out the finance commission's responsibilities under
1-17     Section 11.305, Finance Code.
1-18           SECTION 1.02.  Section 3A.508, Title 79, Revised Statutes
1-19     (Article 5069-3A.508, Vernon's Texas Civil Statutes), is amended by
1-20     amending Subsection (a) and adding Subsection (c) to read as
1-21     follows:
 2-1           (a)  A lender or a person who is assigned a secondary
 2-2     mortgage loan may collect on or before the closing of the loan, or
 2-3     include in the principal of the loan:
 2-4                 (1)  reasonable fees for:
 2-5                       (A)  title examination and preparation of an
 2-6     abstract of title by:
 2-7                             (i)  an attorney who is not an employee of
 2-8     the lender; or
 2-9                             (ii)  a title company or property search
2-10     company authorized to do business in this state; or
2-11                       (B)  premiums or fees for title insurance or
2-12     title search for the benefit of the mortgagee and, at the
2-13     mortgagor's option, for title insurance or title search for the
2-14     benefit of the mortgagor;
2-15                 (2)  reasonable fees charged to the lender by an
2-16     attorney who is not a salaried employee of the lender for
2-17     preparation of the loan documents in connection with the mortgage
2-18     loan if the fees are evidenced by a statement for services rendered
2-19     addressed to the lender;
2-20                 (3)  charges prescribed by law that are paid to public
2-21     officials for determining the existence of a security interest or
2-22     for perfecting, releasing, or satisfying a security interest;
2-23                 (4)  reasonable fees for an appraisal of real property
2-24     offered as security for the loan prepared by a certified appraiser
2-25     who is not a salaried employee of the lender;
 3-1                 (5)  the reasonable cost of a credit report;
 3-2                 (6)  reasonable fees for a survey of real property
 3-3     offered as security for the loan prepared by a registered surveyor
 3-4     who is not a salaried employee of the lender;
 3-5                 (7)  the premiums received in connection with the sale
 3-6     of credit life insurance, credit accident and health insurance, or
 3-7     other insurance that protects the mortgagee against default by the
 3-8     mortgagor, the benefits of which are applied in whole or in part to
 3-9     reduce or extinguish the loan balance; [and]
3-10                 (8)  reasonable fees relating to real property offered
3-11     as security for the loan that are incurred to comply with a
3-12     federally mandated program if the collection of the fees or the
3-13     participation in the program is required by a federal agency; and
3-14                 (9)  an administrative fee, subject to Subsection (c),
3-15     in an amount not to exceed $20.
3-16           (c)  An administrative fee under Subsection (a)(9) is
3-17     considered earned when the loan is made or refinanced and is not
3-18     subject to refund.  A lender refinancing the loan may not contract
3-19     for or receive an administrative fee for the loan more than once in
3-20     any 180-day period.  Fifty cents of each administrative fee shall
3-21     be deposited with the comptroller for use in carrying out the
3-22     finance commission's responsibilities under Section 11.305, Finance
3-23     Code.
3-24                   ARTICLE 2.  AMENDMENTS TO FINANCE CODE
3-25           SECTION 2.01.  Section 342.201, Finance Code, is amended by
 4-1     adding Subsection (e) to read as follows:
 4-2           (e)  A loan contract under this subchapter may provide for an
 4-3     administrative fee in an amount not to exceed $20.  The
 4-4     administrative fee is considered earned when the loan is made or
 4-5     refinanced and is not subject to refund.  A lender refinancing the
 4-6     loan may not contract for or receive an administrative fee for the
 4-7     loan more than once in any 180-day period.  Fifty cents of each
 4-8     administrative fee shall be deposited with the comptroller for use
 4-9     in carrying out the finance commission's responsibilities under
4-10     Section 11.305.
4-11           SECTION 2.02.  Section 342.308, Finance Code, is amended by
4-12     amending Subsection (a) and adding Subsection (c) to read as
4-13     follows:
4-14           (a)  A lender or a person who is assigned a secondary
4-15     mortgage loan may collect on or before the closing of the loan, or
4-16     include in the principal of the loan:
4-17                 (1)  reasonable fees for:
4-18                       (A)  title examination and preparation of an
4-19     abstract of title by:
4-20                             (i)  an attorney who is not an employee of
4-21     the lender; or
4-22                             (ii)  a title company or property search
4-23     company authorized to do business in this state; or
4-24                       (B)  premiums or fees for title insurance or
4-25     title search for the benefit of the mortgagee and, at the
 5-1     mortgagor's option, for title insurance or title search for the
 5-2     benefit of the mortgagor;
 5-3                 (2)  reasonable fees charged to the lender by an
 5-4     attorney who is not a salaried employee of the lender for
 5-5     preparation of the loan documents in connection with the mortgage
 5-6     loan if the fees are evidenced by a statement for services rendered
 5-7     addressed to the lender;
 5-8                 (3)  charges prescribed by law that are paid to public
 5-9     officials for determining the existence of a security interest or
5-10     for perfecting, releasing, or satisfying a security interest;
5-11                 (4)  reasonable fees for an appraisal of real property
5-12     offered as security for the loan prepared by a certified appraiser
5-13     who is not a salaried employee of the lender;
5-14                 (5)  the reasonable cost of a credit report;
5-15                 (6)  reasonable fees for a survey of real property
5-16     offered as security for the loan prepared by a registered surveyor
5-17     who is not a salaried employee of the lender;
5-18                 (7)  the premiums received in connection with the sale
5-19     of credit life insurance, credit accident and health insurance, or
5-20     other insurance that protects the mortgagee against default by the
5-21     mortgagor, the benefits of which are applied in whole or in part to
5-22     reduce or extinguish the loan balance; [and]
5-23                 (8)  reasonable fees relating to real property offered
5-24     as security for the loan that are incurred to comply with a
5-25     federally mandated program if the collection of the fees or the
 6-1     participation in the program is required by a federal agency; and
 6-2                 (9)  an administrative fee, subject to Subsection (c),
 6-3     in an amount not to exceed $20.
 6-4           (c)  An administrative fee under Subsection (a)(9) is
 6-5     considered earned when the loan is made or refinanced and is not
 6-6     subject to refund.  A lender refinancing the loan may not contract
 6-7     for or receive an administrative fee for the loan more than once in
 6-8     any 180-day period.  Fifty cents of each administrative fee shall
 6-9     be deposited with the comptroller for use in carrying out the
6-10     finance commission's responsibilities under Section 11.305.
6-11           SECTION 2.03.  Section 342.502(b), Finance Code, is amended
6-12     to read as follows:
6-13           (b)  On a loan subject to Subchapter E or a secondary
6-14     mortgage loan subject to Subchapter G a lender may  assess and
6-15     collect from the borrower[:]
6-16                 [(1)]  an amount incurred by the lender for:
6-17                       (A)  court costs;
6-18                       (B)  attorney's fees assessed by a court;
6-19                       (C)  a fee authorized by law for filing,
6-20     recording, or releasing in a public office a security for a loan;
6-21                       (D)  a reasonable amount spent for repossessing,
6-22     storing, preparing for sale, or selling any security;
6-23                       (E)  a fee for recording a lien on or
6-24     transferring a certificate of title to a motor vehicle offered as
6-25     security for a loan made under this chapter; or
 7-1                       (F)  a premium or an identifiable charge received
 7-2     in connection with the sale of insurance authorized under this
 7-3     chapter[; and]
 7-4                 [(2)  an administrative fee, subject to Subsection (c),
 7-5     in an amount not  to exceed:]
 7-6                       [(A)  $25 for a loan of more than $1,000; or]
 7-7                       [(B)  $10 for a loan of $1,000 or less].
 7-8           SECTION 2.04.  Section 342.502(c), Finance Code, is repealed.
 7-9                    ARTICLE 3.  EFFECTIVE DATE; EMERGENCY
7-10           SECTION 3.01.  (a)  Except as provided by Subsections (b) and
7-11     (c) of this section, this Act takes effect September 1, 1999.
7-12           (b)  Article 1 of this Act takes effect only if the Act of
7-13     the 76th Legislature, Regular Session, 1999, relating to
7-14     nonsubstantive additions to and corrections in enacted codes does
7-15     not take effect.
7-16           (c)  Article 2 of this Act takes effect only if the Act of
7-17     the 76th Legislature, Regular Session, 1999, relating to
7-18     nonsubstantive additions to and corrections in enacted codes takes
7-19     effect.
7-20           SECTION 3.02.  The importance of this legislation and the
7-21     crowded condition of the calendars in both houses create an
7-22     emergency and an imperative public necessity that the
7-23     constitutional rule requiring bills to be read on three several
7-24     days in each house be suspended, and this rule is hereby suspended.