Texas Administrative Code

Each licensee must maintain records with respect to each property tax loan made under Texas Finance Code, Chapter 351 and Texas Tax Code, §32.06 and §32.065, and make those records available for examination under Texas Finance Code, §351.008. The records required by this section …

(a) General. A property tax lender may not provide a false, deceptive, or misleading advertisement or solicitation to a potential borrower. (b) False, deceptive, or misleading practices. An advertisement or solicitation will be considered false, deceptive, or misleading if the ad…

School districts shall provide an array of learning opportunities for gifted/talented students in kindergarten through Grade 12 and shall inform parents of the opportunities. Options must include: (1) instructional and organizational patterns that enable identified students to wo…

Words and terms used in this chapter that are defined in Texas Finance Code, Chapter 351 have the same meanings as defined in Chapter 351. The following words and terms, when used in this chapter, will have the following meanings, unless the context clearly indicates otherwise. (…

(a) NMLS. In order to submit a property tax lender license application, an applicant must submit a complete, accurate, and truthful license application through NMLS (or a successor system designated by the OCCC), using the current form prescribed by the OCCC. An application is co…

(a) Purpose. This section describes the license application requirements when a licensed entity transfers ownership of the entity. If a transfer of ownership occurs, the transferee must submit a new license application on transfer of ownership under this section. (b) Definitions.…

(a) Organizational form. When any licensee or parent of a licensee desires to change the organizational form of its business (e.g., from corporation to limited partnership), the licensee must advise the commissioner in writing of the change within 14 calendar days by filing a lic…

(a) Advance change notice. No later than the date of the change (or an earlier date specified in the OCCC's written instructions), a licensee must notify the OCCC of a change to any of the following information provided in the original license application: (1) legal name of entit…

(a) Initial review. A response to an incomplete application will ordinarily be made within 14 calendar days of receipt stating that the application is incomplete and specifying the information required for acceptance. (b) Complete application. An application is complete when: (1)…

Written notice of a relocation of an office must be mailed to all debtors of record at least five calendar days prior to the date of relocation. A licensee may send notice to a debtor by email in lieu of mail if the debtor has provided an email address to the licensee and has con…

(a) Inactivation of active license. A licensee may cease operating under a license and choose to inactivate the license. A license may be inactivated by giving notice of the cessation of operations not less than 30 calendar days prior to the anticipated inactivation date. Notific…

(a) New licenses. (1) Investigation fees. A $200 nonrefundable investigation fee is assessed each time an application for a new license is filed. (2) Assessment fees. An assessment fee of $600 per active license and $250 per inactive license is assessed each time an application f…

Once a license application or notice is filed with the OCCC, it becomes a "state record" under Texas Government Code, §441.180(11), and "public information" under Government Code, §552.002. Under Government Code, §§441.190, 441.191 and 552.004, the original applications and notic…

As required by Texas Finance Code, §351.0515, a licensee's individual employees who, for actual or expected compensation or gain, act as residential mortgage loan originators in the making, transacting, or negotiating of a property tax loan for a principal dwelling, are required …

School districts shall adopt a policy regarding the use of funds to support the district's program for gifted and talented students, as required by Texas Education Code, §29.022(b). The policy must: (1) ensure that 100% of state funds allocated for gifted/talented education are s…

For purposes of Texas Finance Code, §351.151(b), an authorized licensee with multiple licensed offices is authorized to transact, make, negotiate, arrange, service, hold, and collect loans from any of its licensed locations. Any action relating to a single account may occur at di…

Licenses must be prominently displayed in a licensee's office in a conspicuous location visible to the general public. Notes 7 Tex. Admin. Code § 89.402 The provisions of this §89.402 adopted to be effective November 8, 2007, 32 TexReg 7920

(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…

Each licensee must file the required annual report by March 31 for the prior calendar year's loan activity on forms prescribed by the OCCC and must comply with all instructions relating to submitting the report.

(a) Criminal history record information. After an applicant submits a complete license application, including all required fingerprints, and pays the fees required by §89.310 of this title (relating to Fees), the OCCC will investigate the applicant and its key individuals. The OC…

(a) Effect on existing contracts. Revocation, suspension, or surrender of a license does not affect a preexisting contract between a licensee and a borrower, except no interest may be charged or received by the licensee following the revocation, suspension, or surrender of its li…

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 §89.302 of this title (relating to Filing of New Application).

The Texas Education Agency shall be the only agency in Texas authorized to issue a certificate of high school equivalency. Tests shall be administered by authorized contracted testing centers under applicable state law and rules of the State Board of Education.

(a) Entities eligible to serve as official computer-based testing centers include: (1) an accredited school district; (2) an institution of higher education; (3) an education service center; (4) a local workforce development board; (5) a United States Department of Labor One-Stop…

(a) An applicant for a certificate of high school equivalency shall meet the following requirements. (1) Residence. The applicant must be a resident of Texas or a member of the United States armed forces stationed at a Texas installation. (2) Age. (A) The applicant must be at lea…

Test centers shall require each examinee to present a driver's license or Texas Department of Public Safety identification card, or a government issued identification card (both national and foreign), provided that the identification includes date of birth, photograph, address, a…

An examinee may retest in accordance with retest policies of the examination provider.

(a) Reasonable and appropriate accommodations shall be provided to applicants with documented disabilities that prevent fair access to the high school equivalency examinations. (b) Requests for accommodations must: (1) be submitted in writing for approval from the examination pro…

(a) A nonrefundable state administrative fee, calculated by dividing $25 by the number of tests in the battery, will be assessed for each individual test upon registration. A permanent file shall be maintained for all certificates issued. (b) Duplicate certificates will be issued…

A school district shall ensure that: (1) student assessment and services for gifted/talented students comply with accountability standards defined in the Texas State Plan for the Education of the Gifted/Talented (State Plan); (2) it annually certifies to the commissioner of educa…

The purpose of the rules contained in this subchapter is to provide disclosures for property tax loan transactions. These rules prescribe the form and content of the disclosures under Texas Tax Code, §32.06(a-4)(1) and §32.06(f-1).

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: (1) Amount financed--The total of payments minus the finance charge. (2) Annual percentage rate--Has the meaning described by Regulation Z, 12…

(a) Disclosures for property tax loan transactions must be printed in an easily readable font and type size. If other state or federal law requires a different type size for a specific disclosure or contractual provision, the type size specified by the other law should be used. (…

(a) Required elements. A disclosure statement under Texas Tax Code, §32.06(a-4)(1) to be provided to a property owner before the execution of a tax lien transfer must contain the following required elements: (1) the title "Property Tax Loan Pre-Closing Disclosure" at the top of e…

(a) Required elements. If a notice of delinquency under Texas Tax Code, §32.06(f-1) is sent by the mortgage servicer or the holder of the first lien to the transferee of a tax lien, it must contain the following required elements: (1) the date of the notice; (2) the name of the p…

(a) The required disclosure statement under Texas Tax Code, §32.06(a-4)(1) to be provided to a property owner before the execution of a tax lien transfer is presented in the following figures: (1) the following figure is for residential property tax loans: Attached Graphic (2) th…

(a) A property tax lender must use the required disclosure statement under Texas Tax Code, §32.06(a-4)(1) as prescribed by Figure: 7 TAC §89.506(a)(1) or Figure: 7 TAC §89.506(a)(2) of this title, but may consider making only limited technical changes, as provided by the followin…

(a) Applicability. The fee limitations contained in this section are applicable to a residential property tax loan described by §89.102(10) of this title (relating to Definitions). (b) Closing costs for which fees may be charged, contracted for, or received. (1) Scope of closing …

(a) Allowable fee components. Under Texas Tax Code, §32.06(b), a licensee may charge the following for filing the release: (1) the actual cost charged by the county clerk for filing the release; (2) the actual cost of attorney's fees paid to an outside attorney who is not an empl…

(a) Initial payoff statement. Under Texas Tax Code, §32.06(f-3), a property tax lender is prohibited from charging any fee for providing an initial payoff statement. (b) Additional payoff statements. A property tax lender may charge a fee not to exceed $10 for providing each addi…

(a) For each student enrolled in the Texas School for the Blind and Visually Impaired or Texas School for the Deaf, the school district responsible for providing appropriate special education and related services to the student shall share the cost of the student's education (exc…

(a) Required information. A sworn document containing all of the required information provided by this subsection meets the requirements of Texas Tax Code, §32.06(a-1). A sworn document under this section must contain the following information: (1) the name of the county where th…

(a) Required information. A certified statement containing all of the required information provided by this subsection meets the requirements of Texas Tax Code, §32.06(b). A certified statement issued under this section by a tax assessor-collector must contain the following infor…

(a) Scope. This section applies to a request described by Texas Tax Code, §32.06(a-6) that: (1) includes a request for the total payoff amount of a property tax loan; (2) is sent to a property tax lender; and (3) is sent by: (A) the holder of an existing recorded lien on the prop…

(a) Scope. This section applies to a payoff statement described by Texas Tax Code, §32.06(a-6) that a property tax lender provides in response to a request described by §89.801(a) of this title (relating to Requests for Payoff Statements). (b) Definitions. In this section, the fo…

(a) Model request for payoff statement. The model request for a payoff statement under Texas Tax Code, §32.06(a-6) and §89.801 of this title (relating to Requests for Payoff Statements) is presented in the following figure. Attached Graphic (b) Model payoff statement. The model p…

(a) Requests for payoff statements. A person who submits a request under Texas Tax Code, §32.06(a-6) and §89.801 of this title (relating to Requests for Payoff Statements), must use a form substantially similar to the model form prescribed by Figure: 7 TAC §89.803(a) of this titl…