79R5173 DWS-F

By:  Flynn                                                        H.B. No. 1087



A BILL TO BE ENTITLED

AN ACT

relating to exemption of certain entities related to a credit union 
from regulation as a mortgage broker.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 156.202, Finance Code, is amended to 
read as follows:    
	Sec. 156.202.  EXEMPTIONS.  This chapter does not apply to:                    
		(1)  any of the following entities or an employee of any 
of the following entities provided the employee is acting for the 
benefit of the employer:
			(A)  a bank, savings bank, or savings and loan 
association, or a subsidiary or an affiliate of a bank, savings 
bank, or savings and loan association;
			(B)  a state or federal credit union or a credit 
union service organization of a state or federal credit union;
			(C)  an insurance company licensed or authorized 
to do business in this state under the Insurance Code;
			(D)  a mortgage banker;                                                      
			(E)  an organization that qualifies for an 
exemption from state franchise and sales tax as a 501(c)(3) 
organization;
			(F)  a Farm Credit System institution;  or                                   
			(G)  a political subdivision of this state 
involved in affordable home ownership programs;
		(2)  an individual who makes a mortgage loan from the 
individual's own funds to a spouse, former spouse, or persons in the 
lineal line of consanguinity of the individual lending the money;
		(3)  an owner of real property who makes a mortgage loan 
to a purchaser of the property for all or part of the purchase price 
of the real estate against which the mortgage is secured;  or
		(4)  an individual who:                                                       
			(A)  makes a mortgage loan from the individual's 
own funds;                
			(B)  is not an authorized lender under Chapter 
342, Finance Code;  and     
			(C)  does not regularly engage in the business of 
making or brokering mortgage loans.
	SECTION 2.  This Act takes effect September 1, 2005.