79R1853 CLG-D

By:  Ellis                                                        S.B. No. 1031


A BILL TO BE ENTITLED
AN ACT
relating to requiring the Office of Consumer Credit Commissioner to conduct a study of certain mortgage lending practices or patterns. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. DEFINITIONS. In this Act: (1) "Finance commission" means the Finance Commission of Texas. (2) "Office" means the Office of Consumer Credit Commissioner. SECTION 2. STUDY OF CERTAIN MORTGAGE LENDING PRACTICES OR PATTERNS. (a) The office shall conduct a study to identify possible discriminatory lending patterns or practices in the mortgage lending industry. The study must determine whether there is race-based or ethnicity-based disparity in mortgage loan denial or approval rates when comparing applicants with similar income levels and credit credentials and must also measure the relative size of and changes over time in any identified disparity. (b) In conducting the study, the office shall: (1) collect from entities making mortgage loans data about mortgage loans using the data formats of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. Section 2801 et seq.) and other data fields necessary to identify possible discriminatory lending patterns or practices; (2) study and consider parameters that could be used to consistently classify credit risk among mortgage loans for the purpose of assessing possible discriminatory lending practices; (3) for mortgage lenders with higher than average non-approval rates for one or more racial or ethnic groups, examine the extent to which withdrawals of mortgage loan applications by each of those groups may have been the consequence of excessive delay by lenders in processing the applications; and (4) examine whether the marketing policies and programs of entities making mortgage loans affirmatively reach out to minority neighborhoods and communities. SECTION 3. FILING OF CERTAIN LENDING INFORMATION. (a) As determined by the finance commission under Subsection (b) of this section, each mortgage lender in this state shall file with the office: (1) information on the guidelines and formulas used by the lender to underwrite prospective borrowers' loans and any other information relating to the underwriting of mortgage loans as required by the office; (2) information on the automated measures or models used to underwrite loans; and (3) any other information about mortgage loans required by the office for purposes of the study. (b) The finance commission shall determine: (1) the type of information to be included in the filing; (2) the format in which the information is to be submitted; and (3) the date on which the filing is due. SECTION 4. USE OF FILED INFORMATION. Information filed by a mortgage lender with the office under this Act that is confidential under a law that applied to the lender before the effective date of this Act remains confidential and is not subject to disclosure under Chapter 552, Government Code, except that the information may be disclosed as provided by Section 552.008, Government Code, relating to information for legislative purposes. The information may not be released to the public except in summary form in the report required under Section 6 of this Act. SECTION 5. RULES. The finance commission shall adopt rules to implement this Act. SECTION 6. REPORT. The office shall prepare a report detailing the findings and recommendations resulting from the study conducted under this Act, and not later than December 1, 2006, shall deliver the report to the lieutenant governor, the speaker of the house of representatives, and the presiding officers of each of the legislative committees with jurisdiction over lending entities. SECTION 7. EXPIRATION DATE. This Act expires December 1, 2007. SECTION 8. EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.