HBA-JLV C.S.H.B. 1493 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1493
By: Wise
Financial Institutions
3/30/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Savings and Loan Department (department) protects the depositors
of Texas by ensuring the sage and sound operation of state-chartered
savings institutions.  In 1999, the legislature also gave the department
the responsibility for licensing mortgage brokers.  C.S.H.B. 1493 amends
the Mortgage Broker License Act regarding provisional licenses for and
inspection of mortgage brokers and loan officers. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated  to the savings and loan commissioner in
SECTION 1 (Section 156.105, Finance Code), in SECTION 3 (Section 156.207,
Finance Code), and in SECTION 7 of this bill. 

ANALYSIS

C.S.H.B. 1493 amends the Finance Code to modify provisions relating to the
regulation of mortgage brokers.  The bill requires the savings and loan
commissioner (commissioner) by rule to adopt one or more standard forms for
use by a mortgage broker or loan officer in representing that an applicant
for a mortgage loan is preapproved or has prequalified for the loan.  The
bill requires the commissioner to adopt rules requiring a mortgage broker
or loan officer to use the forms adopted by the commissioner not later than
January 1, 2002 (Sec. 156.105 and SECTION 7).  The bill requires the
commissioner to obtain criminal history record information on an applicant
from the Federal Bureau of Investigation (FBI) (Sec. 156.206). The bill
provides that if 61 days after the commissioner requested the information,
the FBI has not submitted the criminal history record information, the
commissioner is required to issue a provisional license to the applicant,
with an expiration date of not later than 60 days after the date of
issuance.  The bill provides for the renewal of the provisional license
pending receipt of the criminal history record information. The bill
requires the commissioner to issue a license to the applicant if the
commissioner has not received the requested information from the FBI after
the 181st day from the date the information was requested. The bill
requires the commissioner to adopt rules for the administration of these
provisions (Sec. 156.207). 

The bill requires each licensed mortgage broker to file a confidential
annual report with the commissioner on a form prescribed by the
commissioner with certain requirements (Sec. 156.213).  The bill authorizes
the commissioner to investigate and conduct inspections of a licensed
person to determine whether the person is complying with these provisions
and applicable rules.  The bill provides that an inspection includes the
authority to inspect books, records, documents, operations, and facilities
of the license holder and access to any documents required by rules.  The
bill authorizes the commissioner to share information of criminal activity
gathered during an inspection or investigation with a state agency or
federal law enforcement agency (Sec. 156.301).  

EFFECTIVE DATE

September 1, 2001.


 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1493 modifies the original to require the savings and loan
commissioner (commissioner) by rule to adopt standard forms for use by a
mortgage broker of loan officer in representing that an applicant for a
mortgage loan is preapproved or has been prequalified.  The substitute
requires the commissioner to adopt rules by January 1, 2002 requiring a
mortgage broker or loan officer to use the forms (Sec. 156.105 and SECTION
7).  The substitute no longer requires applicants for a mortgage broker or
loan officer license  to submit information and fingerprints to be used for
background checks (Sec. 156.206). 

The substitute removes provisions from the original which modified the list
of exemptions from regulations of mortgage brokers specifying that only
full-time employees of certain institutions are exempt from the regulations
(Sec. 156.202).   

The substitute authorizes the commissioner, for reasonable cause, to
investigate a licensed person to determine whether the person is complying
with these provisions and applicable rules.  The substitute no longer
requires the commissioner to adopt rules specifying the criteria to be used
in determining reasonable cause.  The substitute no longer provides that an
affiliate of a licensee is subject to routine inspections by the
commissioner  if reports issued in connection with a routine inspection of
a license holder provide documented evidence of unlawful activity between a
license holder and an affiliate.  The substitute amends the original to
authorize the commissioner to share information of criminal activity
gathered during an inspection or investigation with a state or federal law
enforcement agency, but no longer authorizes the commissioner to cooperate
and share information with other state and federal governmental agencies.
The substitute no longer requires the commissioner to adopt rules to
implement provisions relating to complaints, investigations, and routine
inspections (Sec. 156.301).