Bill Text: TX SB1203 | 2015-2016 | 84th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to exemptions from the applicability of the Texas Secure and Fair Enforcement for Mortgage Licensing Act of 2009 and other laws applicable to residential mortgage loan originators.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2015-05-29 - Effective on 9/1/15 [SB1203 Detail]

Download: Texas-2015-SB1203-Introduced.html
  84R9765 CLG-F
 
  By: Rodríguez S.B. No. 1203
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to exemptions from the applicability of the Texas Secure
  and Fair Enforcement for Mortgage Licensing Act of 2009.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 180.003(a) and (c), Finance Code, are
  amended to read as follows:
         (a)  The following persons are exempt from this chapter:
               (1)  a registered mortgage loan originator when acting
  for an entity described by Section 180.002(16)(A)(i), (ii), or
  (iii);
               (2)  an individual who offers or negotiates terms of a
  residential mortgage loan with or on behalf of an immediate family
  member of the individual;
               (3)  a licensed attorney who negotiates the terms of a
  residential mortgage loan on behalf of a client as an ancillary
  matter to the attorney's representation of the client, unless the
  attorney:
                     (A)  takes a residential mortgage loan
  application; and
                     (B)  offers or negotiates the terms of a
  residential mortgage loan;
               (4)  an individual who offers or negotiates terms of a
  residential mortgage loan secured by a dwelling that serves as the
  individual's residence;
               (5)  a nonprofit organization providing self-help
  housing that originates [zero interest] residential mortgage loans
  for borrowers who have provided part of the labor to construct the
  dwelling securing the loan;
               (6)  an owner of residential real estate who in any
  12-consecutive-month period makes no more than five residential
  mortgage loans to purchasers of the property for all or part of the
  purchase price of the residential real estate against which the
  mortgage is secured; and
               (7)  an owner of a dwelling who in any
  12-consecutive-month period makes no more than five residential
  mortgage loans to purchasers of the property for all or part of the
  purchase price of the dwelling against which the mortgage or
  security interest is secured.
         (c)  The finance commission shall [may] grant an exemption
  from the licensing requirements of this chapter to a municipality,
  county, community development corporation, or public or private
  grant administrator to the extent the entity is administering the
  Texas HOME Investment Partnerships program or a program of the
  Texas Housing Trust Fund if the commission determines that granting
  the exemption is not inconsistent with the intentions of the
  federal Secure and Fair Enforcement for Mortgage Licensing Act of
  2008 (Pub. L. No. 110-289).
         SECTION 2.  This Act takes effect September 1, 2015.
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