SECTION 187.4. Other Provisions Relating to Capital Access Loans

(a) Except as otherwise provided by Texas Government Code, Chapter 481, Subchapter BB, the Office may not determine the recipient, amount, or interest rate of a capital access loan or the fees or other requirements related to the loan.

(b) Consortiums of financial institutions may participate in the program so long as each financial institution is subject to common underwriting guidelines.

(c) The state is not liable to a participating financial institution for payment of the principal, interest, or any late charges on capital access loans made under Government Code, Chapter 481, Subchapter BB.

(d) Loans made under Government Code, Chapter 481, Subchapter BB may be refinanced. If the amount refinanced exceeds the original loan amount, additional reserve contributions can be made by both the participating financial institution and the eligible applicant based on the excess, subject to the provisions of §187.11 of this title (relating to Contributions Made to the Reserve Account). The state will make contributions to the reserve account for loans being refinanced based on the excess being refinanced, subject to §187.11 of this title.

(e) Loans not originally enrolled under the program may be eligible to be partially enrolled in the program if the loan is refinanced for an amount exceeding the original loan amount. Only that portion which exceeds the original loan amount may be enrolled under the program.

Source Note: The provisions of this §187.4 adopted to be effective September 15, 1997, 22 TexReg 8967; amended to be effective August 5, 2012, 37 TexReg 5735