77R10456 JMG-F                           
         By Wise                                               H.B. No. 1493
         Substitute the following for H.B. No. 1493:
         By Wise                                           C.S.H.B. No. 1493
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of mortgage brokers.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter B, Chapter 156, Finance Code, is
 1-5     amended by adding Section 156.105 to read as follows:
 1-6           Sec. 156.105.  STANDARD FORMS.  (a)  The commissioner, by
 1-7     rule, shall adopt one or more standard forms for use by a mortgage
 1-8     broker or loan officer in representing that an applicant for a
 1-9     mortgage loan is preapproved or has prequalified for the loan.
1-10           (b)  The commissioner shall adopt rules requiring a mortgage
1-11     broker or loan officer licensed under this chapter to use the forms
1-12     adopted by the commissioner under Subsection (a).
1-13           SECTION 2.  Section 156.206(b), Finance Code, is amended to
1-14     read as follows:
1-15           (b)  The commissioner shall obtain criminal history record
1-16     information on an applicant that is maintained by the Department of
1-17     Public Safety and shall[.  By rule, the commissioner may require
1-18     applicants to submit information and fingerprints necessary for the
1-19     commissioner to] obtain criminal history record [background]
1-20     information on an applicant maintained by [from] the Federal Bureau
1-21     of Investigation.  The commissioner may also obtain criminal
1-22     history record information from any court or any local, state, or
1-23     national governmental agency.
1-24           SECTION 3.  Section 156.207, Finance Code, is amended by
 2-1     adding Subsection (d) to read as follows:
 2-2           (d)  If an applicant otherwise meets all requirements,
 2-3     qualifications, and conditions for a license but the commissioner
 2-4     has not received the criminal history record information from the
 2-5     Federal Bureau of Investigation required by Section 156.206(b)
 2-6     before the 61st day after the date the commissioner requested the
 2-7     information, the commissioner shall issue a provisional license to
 2-8     the applicant with an expiration date of not later than 60 days
 2-9     after the date of issuance.  The provisional license may be renewed
2-10     pending receipt of the criminal history record information.  If the
2-11     criminal history record information is not received before the
2-12     181st day after the date the commissioner requested the information
2-13     and the applicant otherwise meets all other requirements,
2-14     qualifications, and conditions for a license, the commissioner
2-15     shall issue a license to the applicant under Subsection (a)  or
2-16     (b).  The commissioner shall adopt rules for the administration of
2-17     this subsection.
2-18           SECTION 4.  Subchapter C, Chapter 156, Finance Code, is
2-19     amended by adding Section 156.213 to read as follows:
2-20           Sec. 156.213.  ANNUAL REPORT.  (a)  Each licensed mortgage
2-21     broker shall file an annual report with the commissioner on a form
2-22     prescribed by the commissioner.  The report must include:
2-23                 (1)  data on loan origination in this state for the
2-24     mortgage broker and each loan officer sponsored by the mortgage
2-25     broker; and
2-26                 (2)  any other information required by the
2-27     commissioner.
 3-1           (b)  Information contained in the annual report related to
 3-2     loan origination volume or other trade information is confidential
 3-3     and may not be disclosed by the commissioner or any other employee
 3-4     of the Savings and Loan Department.
 3-5           SECTION 5.  Section 156.301, Finance Code, is amended to read
 3-6     as follows:
 3-7           Sec. 156.301.  COMPLAINTS, [AND] INVESTIGATIONS, AND
 3-8     INSPECTIONS.  (a)  On the signed written complaint of a person, the
 3-9     commissioner shall investigate the actions and records of a person
3-10     licensed under this chapter if the complaint, or the complaint and
3-11     documentary or other evidence presented in connection with the
3-12     complaint, provides reasonable cause.  The commissioner, before
3-13     commencing an investigation, shall notify a mortgage broker or loan
3-14     officer in writing of the complaint and that the commissioner
3-15     intends to investigate the matter.
3-16           (b)  For reasonable cause, [Except as provided by Subsection
3-17     (a),] the commissioner at any time may investigate [not initiate an
3-18     investigation or other action against] a person licensed under this
3-19     chapter to determine whether the person is complying with this
3-20     chapter and applicable rules [on the basis of an anonymous
3-21     complaint regardless of whether the complaint is in writing].  The
3-22     commissioner may conduct an undercover or covert investigation only
3-23     if the commissioner, after due consideration of the circumstances,
3-24     determines that the investigation is necessary to prevent immediate
3-25     harm and to carry out the purposes of this chapter.
3-26           (c)  The commissioner may conduct inspections of a person
3-27     licensed under this chapter, as the commissioner considers
 4-1     necessary, to determine whether the person is complying with this
 4-2     chapter and applicable rules.  An inspection conducted under this
 4-3     section includes the authority to inspect books, records,
 4-4     documents, operations, and facilities of the license holder and
 4-5     access to any documents required by rules adopted under this
 4-6     chapter.
 4-7           (d)  The commissioner may share evidence of a criminal
 4-8     activity gathered during an inspection or investigation conducted
 4-9     under this section with a state or federal law enforcement agency.
4-10     [The commissioner may authorize an employee of the commissioner to
4-11     file a signed written complaint against a person licensed under
4-12     this chapter and to conduct an investigation if:]
4-13                 [(1)  a judgment against the person has been paid from
4-14     a recovery fund established under this chapter;]
4-15                 [(2)  the person holds a provisional license issued
4-16     under Section 156.207(c);]
4-17                 [(3)  the person is convicted of a criminal offense
4-18     that may constitute grounds for the suspension or revocation of the
4-19     license; or]
4-20                 [(4)  the person fails to honor a check issued to the
4-21     commissioner.]
4-22           SECTION 6.  Section 156.302(e), Finance Code, is amended to
4-23     read as follows:
4-24           (e)  An appeal of an administrative [A proceeding to impose
4-25     the] penalty under this section is considered to be a contested
4-26     case under Chapter 2001, Government Code.
4-27           SECTION 7.  Not later than January 1, 2002, the savings and
 5-1     loan commissioner shall adopt the standard forms and rules required
 5-2     by Section 156.105, Finance Code, as added by this Act.
 5-3           SECTION 8.  This Act takes effect September 1, 2001.