By Wise H.B. No. 2743
76R7993 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disclosure of certain information by a lender;
1-3 providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 5, Finance Code, is amended by adding
1-6 Chapter 396 to read as follows:
1-7 CHAPTER 396. RESIDENTIAL MORTGAGE LOAN DISCLOSURES
1-8 Sec. 396.001. DEFINITIONS. In this chapter:
1-9 (1) "Borrower" means the person who seeks the services
1-10 of a lender.
1-11 (2) "Closing costs" include discount points,
1-12 origination fees, private mortgage insurance premiums, property or
1-13 casualty insurance premiums, title insurance premiums, lender
1-14 escrow account impound deposits, fees for reviewing credit reports,
1-15 appraisal review fees, inspection fees, recording fees, courier and
1-16 express mail delivery fees, underwriting fees, attorney's fees for
1-17 preparation of loan documents or loan disclosures, title company
1-18 imposed escrow fees, survey fees, and other settlement charges.
1-19 (3) "Lender" means any person who lends money for or
1-20 invests money in residential mortgage loans.
1-21 (4) "Residential mortgage loan" means a loan to or for
1-22 the benefit of one or more individuals made primarily for personal,
1-23 family, or household use, primarily secured by a mortgage on
1-24 residential real property.
2-1 Sec. 396.002. DISCLOSURE OF CLOSING COSTS REQUIRED. Not
2-2 later than the third business day after the date on which a
2-3 borrower signs a completed residential mortgage loan application,
2-4 the lender shall provide to the borrower a good faith, written
2-5 estimate of all closing costs required to be paid by the borrower
2-6 in connection with the loan. The disclosure must:
2-7 (1) contain a complete description of the closing
2-8 costs; and
2-9 (2) state the total amount of each of the closing
2-10 costs listed in Subdivision (1).
2-11 Sec. 396.003. CRIMINAL PENALTY. (a) A lender commits an
2-12 offense if the lender violates Section 396.002.
2-13 (b) An offense under this section is a Class C misdemeanor.
2-14 SECTION 2. This Act takes effect September 1, 1999, and
2-15 applies only to a loan application that is completed on or after
2-16 that date.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.