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Texas Administrative Code (Last Updated: March 27,2024) |
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TITLE 7. BANKING AND SECURITIES |
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PART 5. OFFICE OF CONSUMER CREDIT COMMISSIONER |
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CHAPTER 83. REGULATED LENDERS AND CREDIT ACCESS BUSINESSES |
| SUBCHAPTER A. RULES FOR REGULATED LENDERS |
| DIVISION 1. GENERAL PROVISIONS |
| § 83.101. Purpose and Scope |
| § 83.102. Definitions |
| DIVISION 2. AUTHORIZED ACTIVITIES |
| § 83.201. Responsibility for Acts of Agents |
| § 83.202. Knowledge of Laws and Regulations Required |
| § 83.203. Attempted Evasion of Applicability of Subchapter |
| § 83.204. Multiple Licenses |
| § 83.205. Loans by Mail or Online |
| DIVISION 3. APPLICATION PROCEDURES |
| § 83.301. Definitions |
| § 83.302. Filing of New Application |
| § 83.303. Transfer of License; New License Application on Transfer of Ownership |
| § 83.304. Change in Form or Proportionate Ownership |
| § 83.305. Amendments to Pending Application |
| § 83.306. Updating Application and Contact Information |
| § 83.307. Processing of Application |
| § 83.308. Relocation |
| § 83.309. License Inactivation or Voluntary Surrender |
| § 83.310. Fees |
| § 83.311. Applications and Notices as Public Records |
| DIVISION 4. LICENSE |
| § 83.401. Branch Networks |
| § 83.402. License Display |
| § 83.403. License Term, Renewal, and Expiration |
| § 83.404. Denial, Suspension, or Revocation Based on Criminal History |
| § 83.406. Effect of Revocation, Suspension, or Surrender of License |
| § 83.407. Application Process After Surrender or Revocation |
| DIVISION 5. INTEREST CHARGES ON LOANS |
| § 83.501. Maximum Interest Charge |
| § 83.502. Treatment of Periods Less than a Full Month Before the First Installment Date |
| § 83.503. Administrative Fee |
| § 83.504. Default Charges |
| § 83.505. Deferment |
| DIVISION 6. ALTERNATE CHARGES FOR CONSUMER LOANS |
| § 83.601. Authorized Charges |
| § 83.602. Default Charges |
| § 83.603. Deferment Charges |
| § 83.604. Payday Loans; Deferred Presentment Transactions |
| § 83.605. Limitation on Acquisition Charge |
| § 83.606. Maximum Term and Maximum Installment Account Handling Charge |
| DIVISION 7. INTEREST AND OTHER CHARGES ON SECONDARY MORTGAGE LOANS |
| § 83.701. Maximum Interest Charge |
| § 83.702. Treatment of Periods Less than a Full Month |
| § 83.703. Default Charges |
| § 83.704. Deferment |
| § 83.705. Amounts Authorized to Be Charged After Consummation |
| § 83.706. Amounts Authorized to Be Collected on or Before Closing |
| § 83.707. Other Fees |
| § 83.708. Balloon Payments |
| DIVISION 8. REFUNDS FOR PRECOMPUTED LOANS |
| § 83.751. Scope |
| § 83.752. Specific Application to Subchapter E and G Loans |
| § 83.753. Refund of Precomputed Interest for Regular Subchapter E Loans |
| § 83.754. Refund of Precomputed Interest for Subchapter G Loans |
| § 83.755. Specific Application to Subchapter F Loans |
| § 83.756. Refund of Precomputed Interest for Subchapter F Loans; Prepayment in Full Before the First Installment Due Date |
| § 83.757. Refund of Precomputed Interest for Subchapter F Loans; Prepayment in Full After the First Installment Due Date and Before the Final Installment Due Date |
| § 83.758. Excess Refunds |
| DIVISION 9. INSURANCE |
| § 83.801. Definitions |
| § 83.802. Authorized Property Insurance |
| § 83.803. Limitations on Property Insurance |
| § 83.804. Claim Provisions for Property Insurance Other than Insurance Covering Motor Vehicles |
| § 83.805. Authorized Credit Insurance |
| § 83.806. Provision of Policy or Certificate |
| § 83.807. Collateral Protection Insurance |
| § 83.808. Termination and Refund |
| § 83.809. Prepayment of Loan from Insurance Proceeds |
| § 83.810. Evidence of Equal Insurance Coverage |
| § 83.811. Nonfiling Insurance |
| § 83.812. Gap Waiver Agreement |
| DIVISION 10. DUTIES AND AUTHORITY OF AUTHORIZED LENDERS |
| § 83.826. Quotation of Net Pay-Offs |
| § 83.827. Return of Instruments to Borrower |
| § 83.828. Files and Records Required (Subchapter E and F Lenders) |
| § 83.829. Files and Records Required (Subchapter G Lenders) |
| § 83.830. Secondary Mortgage Loan Record Retention Requirement |
| § 83.831. Review of Electronic Recordkeeping Systems and Optical Imaging Systems |
| § 83.832. Review of Records |
| § 83.833. Correction of Errors or Violations |
| § 83.834. Unclaimed Funds |
| § 83.835. Annual Report |
| § 83.836. Follow-Up Examination Fees |
| § 83.837. Disclosure when Automobile Club Membership Offered in Connection with Loan |
| § 83.838. Loans with Multiple Advances |
| DIVISION 11. PROHIBITIONS ON AUTHORIZED LENDERS |
| § 83.851. Duplication of Loans |
| § 83.852. Loan Size, Duration, and Schedule of Installments: Limitation |
| § 83.853. Misleading Advertising |
| § 83.854. Conditional Offers of Credit |
| § 83.855. Advertisements in Form of Negotiable Instruments |
| § 83.856. Use of State Agency Name |
| § 83.857. Full Disclosure Requirements--Other than Open-End or Revolving Loan Plans |
| § 83.858. Full Disclosure Requirements--Open-End and Revolving Loan Plans |
| § 83.859. Collection Practices |
| § 83.860. Collection Contacts |
| § 83.861. Simulated Legal Process or Documents Prohibited |
| § 83.862. Impersonation and Fictitious Names Prohibited |
| SUBCHAPTER B. RULES FOR CREDIT ACCESS BUSINESSES |
| DIVISION 1. GENERAL PROVISIONS |
| § 83.1001. Purpose and Scope |
| § 83.1002. Definitions |
| DIVISION 2. AUTHORIZED ACTIVITIES |
| § 83.2001. Responsibility for Acts of Agents |
| § 83.2002. Knowledge of Laws and Regulations Required |
| § 83.2003. Attempted Evasion of Applicability of Subchapter |
| DIVISION 3. APPLICATION PROCEDURES |
| § 83.3001. Definitions |
| § 83.3002. Filing of New Application |
| § 83.3003. Transfer of License; New License Application on Transfer of Ownership |
| § 83.3004. Change in Form or Proportionate Ownership |
| § 83.3005. Amendments to Pending Application |
| § 83.3006. Updating Application and Contact Information |
| § 83.3007. Processing of Application |
| § 83.3008. Relocation of Licensed Offices |
| § 83.3009. License Inactivation or Voluntary Surrender |
| § 83.3010. Fees |
| § 83.3011. Applications and Notices as Public Records |
| DIVISION 4. LICENSE |
| § 83.4001. License Display |
| § 83.4002. License Term, Renewal, and Expiration |
| § 83.4003. Denial, Suspension, or Revocation Based on Criminal History |
| § 83.4005. Effect of Revocation, Suspension, or Surrender of License |
| § 83.4006. Application Process After Surrender or Revocation |
| DIVISION 5. OPERATIONAL REQUIREMENTS |
| § 83.5001. Data Reporting Requirements |
| § 83.5002. Follow-up Examination Fees |
| § 83.5003. Examinations |
| § 83.5004. Files and Records Required |
| § 83.5005. Separation Between Credit Access Business and Third-Party Lender |
| DIVISION 6. CONSUMER DISCLOSURES AND NOTICES |
| § 83.6001. Purpose |
| § 83.6002. Definitions |
| § 83.6003. Posting of Fee Schedule and Notices |
| § 83.6004. Fee Schedule Content |
| § 83.6005. Relationship with Federal Law |
| § 83.6006. Format |
| § 83.6007. Consumer Disclosures |
| § 83.6008. Permissible Changes |