Bill Text: TX SB1791 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the investment and use of excess residential mortgage loan originator recovery fund fees; changing a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-26 - Referred to Business & Commerce [SB1791 Detail]
Download: Texas-2021-SB1791-Introduced.html
87R7862 JES-F | ||
By: Lucio | S.B. No. 1791 |
|
||
|
||
relating to the investment and use of excess residential mortgage | ||
loan originator recovery fund fees; changing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 156.501(b) and (c), Finance Code, are | ||
amended to read as follows: | ||
(b) Subject to this subsection and Section 156.502(b), the | ||
recovery fund shall be used to reimburse residential mortgage loan | ||
applicants for actual damages incurred because of acts committed by | ||
a residential mortgage loan originator who was licensed under | ||
Chapter 157 when the act was committed. The use of the fund is | ||
limited to reimbursement for out-of-pocket losses caused by an act | ||
by a residential mortgage loan originator licensed under Chapter | ||
157 that constitutes a violation of Section 157.024(a)(2), (3), | ||
(5), (7), (8), (9), (10), (13), (16), (17), or (18) or 156.304(b). | ||
(c) Amounts in the recovery fund may be invested and | ||
reinvested in accordance with Chapter 2256, Government Code, and | ||
under the prudent person standard described in Section 11b, Article | ||
VII, Texas Constitution [ |
||
investments shall be deposited to the credit of the fund. An | ||
investment may not be made under this subsection if the investment | ||
will impair the necessary liquidity required to satisfy claims | ||
[ |
||
SECTION 2. Section 156.502, Finance Code, is amended to | ||
read as follows: | ||
Sec. 156.502. FUNDING. (a) On an application for an | ||
original license [ |
||
157, the applicant, in addition to paying the original application | ||
fee [ |
||
[ |
||
be deposited in the recovery fund. | ||
(b) If the balance remaining in the recovery fund at the end | ||
of a calendar year is more than $3.5 million, the amount of money in | ||
excess of that amount shall be remitted by the commissioner to the | ||
comptroller for deposit in the Texas Financial Education Endowment | ||
account as provided by Section 393.628(c-1) [ |
||
SECTION 3. Section 157.013(b), Finance Code, is amended to | ||
read as follows: | ||
(b) An application for a residential mortgage loan | ||
originator license must be accompanied by: | ||
(1) an application fee in an amount determined by the | ||
commissioner, not to exceed $500; and | ||
(2) for an original license, a recovery fund fee in the | ||
[ |
||
SECTION 4. Section 393.628, Finance Code, is amended by | ||
amending Subsections (c) and (f) and adding Subsection (c-1) to | ||
read as follows: | ||
(c) Except as provided by Subsection (c-1), the [ |
||
Financial Education Endowment shall be administered by the finance | ||
commission to support statewide financial education and consumer | ||
credit building activities and programs, including: | ||
(1) production and dissemination of approved | ||
financial education materials at licensed locations; | ||
(2) advertising, marketing, and public awareness | ||
campaigns to improve the credit profiles and credit scores of | ||
consumers in this state; | ||
(3) school and youth-based financial literacy and | ||
capability; | ||
(4) credit building and credit repair; | ||
(5) financial coaching and consumer counseling; | ||
(6) bank account enrollment and incentives for | ||
personal savings; and | ||
(7) other consumer financial education and | ||
asset-building initiatives as considered appropriate by the | ||
finance commission. | ||
(c-1) The comptroller shall deposit money remitted by the | ||
savings and mortgage lending commissioner under Section 156.502(b) | ||
into a subaccount of the Texas Financial Education Endowment | ||
account. Money in the subaccount must be segregated from the money | ||
remitted to the comptroller under Subsection (b) and may only be | ||
used for purposes authorized by this subsection. The finance | ||
commission shall administer the money deposited to the subaccount | ||
and with that money: | ||
(1) shall provide a grant in an amount of not less than | ||
$100,000 each year to a statewide nonprofit organization that | ||
supports organizations described by Section 156.202(a-1)(1) and | ||
that are registered under Chapter 158 for the purposes of: | ||
(A) servicing third-party mortgage loans; | ||
(B) providing financial education to consumers | ||
that relates to mortgage loans; and | ||
(C) administering disaster repair programs for | ||
consumers with mortgage loans; | ||
(2) shall provide support for statewide financial | ||
education, activities, and programs specifically related to | ||
mortgage loans for consumers, including activities and programs | ||
described by Subsection (c); | ||
(3) if a governor's declaration of a state of disaster | ||
under Section 418.014, Government Code, is in effect, may provide | ||
direct mortgage assistance for residence homesteads, as defined by | ||
Section 11.13, Tax Code, as needed due to the disaster; and | ||
(4) subject to the limits under Section 156.505, may | ||
provide reimbursements to a residential mortgage loan applicant who | ||
submits an application under Section 156.504 and who the | ||
commissioner determines has a valid claim, unless the claim is | ||
against a residential mortgage loan originator who conducted | ||
activities requiring a license under this chapter without a license | ||
under Chapter 157. | ||
(f) The finance commission shall adopt rules to administer | ||
this section, including rules governing implementation of | ||
Subsection (c-1)(1) that: | ||
(1) ensure a grant awarded under that subdivision is | ||
used for a public purpose described by that subdivision; and | ||
(2) provide a means of recovering money awarded that | ||
is not used in compliance with that subdivision. | ||
SECTION 5. Sections 156.501(d) and (f), Finance Code, are | ||
repealed. | ||
SECTION 6. Section 156.501(c), Finance Code, as amended by | ||
this Act, applies only to an investment made on or after the | ||
effective date of this Act. An investment made before the effective | ||
date of this Act is governed by the law as it existed immediately | ||
before that date, and that law is continued in effect for that | ||
purpose. | ||
SECTION 7. This Act takes effect September 1, 2021. |