Texas Administrative Code

To obtain a license after surrender or revocation, the former licensee is required to file an application for a new license pursuant to the procedures set forth in §83.3002 of this title (relating to Filing of New Application).

For purposes of Texas Finance Code, §342.151(b), an authorized lender with multiple licensed offices is authorized to make, negotiate, arrange, and collect loans from any of its licensed locations. Any action relating to a single account may occur at different licensed locations …

Licenses must be prominently displayed in a licensee's office in a conspicuous location visible to the general public. Notes 7 Tex. Admin. Code § 83.402 The provisions of this §83.402 adopted to be effective January 4, 2007, 31 TexReg 10772

(a) License term and renewal. A new license is effective from the date of its issuance until December 31. A license must be renewed annually to remain effective. After renewal, a license is effective for a term of one year, from January 1 to December 31. (b) NMLS. To maintain and…

(a) Criminal history record information. After an applicant submits a complete license application, including all required fingerprints, and pays the fees required by §83.310 of this title (relating to Fees), the OCCC will investigate the applicant and its principal parties. The …

(a) Effect on existing contracts. Revocation, suspension, or surrender of a license does not affect a preexisting contract between a lender and a borrower, except that no more than 10% interest may be charged or received by the lender following the revocation, suspension, or surr…

To obtain a license after surrender or revocation, the former licensee is required to file an application for a new license pursuant to the procedures set forth in §83.302 of this title (relating to Filing of New Application).

(a) Funds for the grants shall be provided in accordance with the Government Code, §403.1055, relating to the Permanent Fund for Children and Public Health. Funds for Part III grants are also governed by the Health and Safety Code, §121.0065, relating to Grants for Essential Publ…

(a) Schools and establishments must be inspected in accordance with Texas Occupations Code, Chapter 51, and the inspection rules under 16 Texas Administrative Code, Chapter 60, Subchapter H. (b) An establishment owner, manager, or their representative must, upon request, make ava…

(a) Generally. Each licensee must file the required reports described by this section for the prior period's credit access business activity in a form prescribed by the commissioner and must comply with all instructions relating to submitting the reports. During each calendar yea…

If a follow-up examination visit is required within nine months after a written deficiency report has been given as a result of a failure to comply with Texas Finance Code, Chapter 393, this subchapter, or the special instruction section of the examination report, an examination …

(a) Examination authority. The OCCC may periodically examine each place of business of a licensee and inspect the licensee's transactions and records, including books, accounts, papers, and correspondence, to the extent the transactions and records pertain to business regulated u…

A licensee must maintain records for each transaction under Texas Finance Code, Chapter 393, and make those records available to the OCCC for examination. The records required by this section may be maintained by using a paper or manual recordkeeping system, electronic recordkeep…

(a) Generally. A licensee assists consumers in obtaining extensions of credit by others, as provided by Texas Finance Code, §393.001(3). (b) Independent operation. A licensee must operate independently from any third-party lender that makes a loan in connection with a transaction…

(a) Precomputed loans. An authorized lender may charge the add-on rates authorized by Texas Finance Code, §342.201(a) or the alternative simple interest rate authorized by Texas Finance Code, §342.201(d) or (e) as calculated by the scheduled installment earnings method, for preco…

(a) For a precomputed loan using the earnings method specified under Texas Finance Code, §342.201(a), an authorized lender may consider: (1) any period before the first installment date that includes a part of a month longer than 15 days as a full month for interest calculation p…

An authorized lender may collect an administrative fee pursuant to Texas Finance Code, §342.201(f), on interest-bearing and precomputed loans. (1) As an alternative to the maximum administrative fee specified in Texas Finance Code, §342.201(f), an authorized lender may collect an…

(a) Precomputed loans. Additional interest for default may be charged on a precomputed loan, whether regular or irregular, or on a precomputed loan contracted for on a scheduled installment earnings method, to the extent it is authorized by Texas Finance Code, §342.203 or §342.20…

(a) Definition. A deferment means the payment of an additional interest charge to defer the payment date of a scheduled payment on a contract. A deferment charge prescribed by this section may only occur in loan transactions that employ either the precomputed or the scheduled ins…

(a) Any new or relocated school must be inspected and approved by the department before it may operate. Additionally, a school that has changed ownership must be inspected and approved by the department but may continue to operate prior to inspection. (b) The school owner must re…

(a) The following persons shall be eligible for the grants: (1) Part I grants. Any person or other entity, public or private, except the department; (2) Part II grants. Any county, municipality, public health district, other political subdivision or nonprofit organization in Texa…

The purpose of the rules contained in this division is to provide disclosures and notices for credit access business transactions under Texas Finance Code, Chapter 393. These rules prescribe the form and content of the disclosures under Texas Finance Code, §393.222 and §393.223.

Words and terms used in this division that are defined in Texas Finance Code, Chapter 393 have the same meanings as defined in Chapter 393. The following words and terms, when used in this division, will have the following meanings, unless the context clearly indicates otherwise.…

(a) In-person sales. A credit access business must prominently display the following in the licensee's office in a conspicuous location visible to the general public: (1) a schedule of all fees to be charged for services performed by the credit access business in connection with …

(a) Required information. For three to five examples of the most common loans transacted by a credit access business, the business must post the following under Texas Finance Code, §393.222(a)(1): (1) standard fee rate; (2) annual percentage rate (APR); (3) any additional fees ch…

In the event of an inconsistency or conflict between the disclosure or notice requirements in these provisions and any current or future federal law, regulation, or interpretation, the requirements of the federal law, regulation, or interpretation will control to the extent of th…

(a) Disclosures for credit access business transactions must be printed in an easily readable font and type size. If other state or federal law requires a certain type size for a specific disclosure or notice, the type size specified by the other law should be used. (b) The text …

(a) Consumer disclosure for single payment payday loan. The required disclosure under Texas Finance Code, §393.223 to be provided to a consumer before a credit application is provided and before a financial evaluation occurs in conjunction with a single payment payday loan is pre…

(a) A credit access business must use the required disclosures under Texas Finance Code, §393.223 as prescribed by Figures: 7 TAC §83.6007(a) - (d) of this title (relating to Consumer Disclosures), but may consider making only limited technical changes, as provided by the followi…

(a) An authorized lender may contract for, charge, or collect on a loan made pursuant to Texas Finance Code, Chapter 342, Subchapter F: (1) an acquisition charge; (2) an installment account handling charge; (3) a default charge; (4) a deferment charge; (5) a processing fee for th…

(a) Precomputed loans. Additional interest for default may be charged on a Texas Finance Code, Chapter 342, Subchapter F precomputed loan to the extent it is authorized by Texas Finance Code, §342.257. (b) Subchapter F loans less than $100. If the cash advance of the loan is less…

The rules for deferment charges applicable to Texas Finance Code, Chapter 342, Subchapter E loans provided by §83.505 of this title (relating to Deferment) are also applicable to loans made under Subchapter F.

(a) Definitions. For the purposes of this subchapter, the following words and terms, when used in this subchapter, will have the following meanings, unless the context clearly indicates otherwise. (1) Check--A check, draft, share draft, or other instrument for the payment of mone…

(a) As an alternative to the maximum acquisition charge specified in Texas Finance Code, §342.252(a) and §342.259(a)(1), an authorized lender may collect an acquisition charge that does not exceed the lesser of: (1) 12.5% of the cash advance of the loan; or (2) the maximum acquis…

(a) Scope. This section applies only to a loan made under Texas Finance Code, Chapter 342, Subchapter F. (b) Definitions. In this section, the following terms have the following meanings: (1) Cash advance--Has the meaning provided by Texas Finance Code, §341.001(3). (2) Irregular…

(a) The purpose of the Barbering and Cosmetology Advisory Board is to advise the Commission and department on: (1) education and curricula for applicants; (2) the content of examinations; (3) proposed rules and standards on technical issues related to barbering and cosmetology; a…

(a) The department shall specify reasonable requirements for grant applications. (b) Applicants for grants shall submit, as a part of their application, a preliminary plan that identifies a public health issue and outlines strategies to evaluate the effectiveness, accessibility, …

(a) For purposes of this section, "licensed facility" means the premises of an establishment or school. (b) A practitioner is restricted to working in a licensed facility but may perform a service within the scope of the license, at a location other than a licensed facility for a…

(a) Precomputed secondary mortgage loans. In a precomputed secondary mortgage loan, an authorized lender may contract for, charge, or receive an amount of interest that does not exceed the applicable simple interest rate authorized by Texas Finance Code, Chapter 303, Subchapter A…

(a) To calculate a period of time less than a full month on a precomputed loan: (1) any period before the first installment due date that includes a part of a month longer than 15 days may be treated as a full month for interest calculation purposes; and (2) any period before the…

(a) Precomputed loans. Additional interest for default may be charged on a precomputed secondary mortgage loan, whether regular or irregular, or on a secondary mortgage loan that employs the scheduled installment earnings method, to the extent it is authorized by Texas Finance Co…

(a) Definition. A deferment means the payment of an additional interest charge to defer the payment date of a scheduled payment on a contract. A deferment charge prescribed by this section may occur in a loan transaction that employs either the precomputed or the scheduled instal…

(a) Generally. A secondary mortgage loan contract may provide for any one or more of the four listed categories of charges set forth in Texas Finance Code, §342.307. These charges may then be assessed and collected by an authorized lender after consummation of the loan if appropr…

(a) Generally. On or before the closing of a secondary mortgage loan, an authorized lender may collect any one or more of the charges set forth in Texas Finance Code, §342.308(a). (b) Administrative fee. An authorized lender may collect an administrative fee pursuant to Texas Fin…

(a) Generally. Fees not otherwise permitted by §83.705 or §83.706 of this title (relating to Amounts Authorized to Be Charged After Consummation and Amounts Authorized to Be Collected on or Before Closing) may not be charged or collected in a secondary mortgage loan transaction. …

Balloon payments are authorized in a secondary mortgage loan unless prohibited by other applicable law (for example, the high cost mortgage rules of Regulation Z - Truth in Lending, 12 C.F.R. §1026.32(d)(1), and Texas Finance Code, §343.202).

(a) Each establishment must have the current law and rules book. (b) Each establishment is responsible for compliance with the health and safety standards of this chapter. (c) An establishment may lease space to an independent contractor who is a practitioner. The lessor to an in…