State Codes and Statutes
Statutes > Texas > Finance-code > Title-4-regulation-of-interest-loans-and-financed-transactions > Chapter-352-tax-refund-anticipation-loans
FINANCE CODE
TITLE 4. REGULATION OF INTEREST, LOANS, AND FINANCED TRANSACTIONS
SUBTITLE B. LOANS AND FINANCED TRANSACTIONS
CHAPTER 352. TAX REFUND ANTICIPATION LOANS
Sec. 352.001. DEFINITIONS. In this chapter:
(1) "Borrower" means an individual who receives the proceeds of
a refund anticipation loan.
(2) "Facilitator" means a person who processes, receives, or
accepts for delivery an application for a refund anticipation
loan, delivers a check in payment of refund anticipation loan
proceeds, or in any other manner acts to allow the making of a
refund anticipation loan.
(3) "Lender" means a person who extends credit to a borrower in
the form of a refund anticipation loan.
(4) "Refund anticipation loan" means a loan borrowed by a
taxpayer based on the taxpayer's anticipated federal income tax
refund.
(5) "Refund anticipation loan fee" means a fee imposed or other
consideration required by the facilitator or the lender for a
refund anticipation loan. The term does not include a fee
usually imposed or other consideration usually required by the
facilitator in the ordinary course of business for services not
related to the making of loans, including a fee imposed for tax
return preparation or for the electronic filing of a tax return.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.001 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Sec. 352.002. RESTRICTION ON ACTING AS FACILITATOR. (a) A
person may not, individually or in conjunction or cooperation
with another person, act as a facilitator unless the person is:
(1) engaged in the business of preparing tax returns, or
employed by a person engaged in the business of preparing tax
returns;
(2) primarily involved in financial services or tax
preparations;
(3) authorized by the Internal Revenue Service as an e-file
provider; and
(4) registered with the commissioner as a facilitator under
Section 352.003.
(b) This section does not apply to:
(1) a bank, thrift, savings association, industrial bank, or
credit union operating under the laws of the United States or
this state;
(2) an affiliate that is a servicer of a person described by
Subdivision (1) operating under the name of that person; or
(3) any person who acts solely as an intermediary and does not
interact directly with a taxpayer in the making of the refund
anticipation loan.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.002 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.002(4), eff. September 1, 2009.
Sec. 352.003. REGISTRATION OF FACILITATORS. (a) To register as
a facilitator, a person must provide to the commissioner, on or
before December 31 preceding each calendar year in which the
person seeks to act as a facilitator:
(1) a list of each location in this state at which e-file
providers authorized by the Internal Revenue Service file tax
returns on behalf of borrowers for whom the facilitator acts to
allow the making of a refund anticipation loan; and
(2) a processing fee for each location included on the list
furnished under Subdivision (1).
(b) The commissioner shall prescribe the processing fee in an
amount necessary to cover the costs of administering this
section.
(c) After the December 31 deadline, a facilitator may amend the
registration required under Subsection (a) to reflect any change
in the information provided by the registration.
(d) The commissioner shall make available to the public a list
of facilitators registered under this section.
(e) The commissioner may prescribe the registration form.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.003 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Sec. 352.004. DISCLOSURE REQUIREMENTS. (a) A facilitator to
which Section 352.002 applies shall discuss with and clearly
disclose to a borrower, after the borrower's tax return has been
prepared and before the loan is closed:
(1) the refund anticipation loan fee schedule;
(2) a written statement disclosing:
(A) that a refund anticipation loan is a loan and is not the
borrower's actual income tax refund;
(B) that the taxpayer may file an income tax return
electronically without applying for a refund anticipation loan;
(C) that the borrower is responsible for repayment of the loan
and related fees if the tax refund is not paid or is insufficient
to repay the loan;
(D) any fee that will be charged if the loan is not approved;
(E) the average time, as published by the Internal Revenue
Service, within which a taxpayer can expect to receive a refund
for an income tax return filed:
(i) electronically, and the refund is:
(a) deposited directly into the taxpayer's bank account; or
(b) mailed to the taxpayer; and
(ii) by mail, and the refund is:
(a) deposited directly into the taxpayer's financial institution
account; or
(b) mailed to the taxpayer;
(F) that the Internal Revenue Service does not guarantee:
(i) payment of the full amount of the anticipated refund; or
(ii) a specific date on which it will mail a refund or deposit
the refund into a taxpayer's financial institution account; and
(G) the estimated time within which the proceeds of the refund
anticipation loan will be paid to the borrower if the loan is
approved; and
(3) the following information, specific to the borrower:
(A) the estimated total fees for the loan; and
(B) the estimated annual percentage rate for the loan,
calculated using the guidelines established under the Truth in
Lending Act (15 U.S.C. Section 1601 et seq.).
(b) A refund anticipation loan fee schedule required by
Subsection (a)(1) must be a listing or table of refund
anticipation loan fees charged by the lender for refund
anticipation loan amounts. The schedule shall:
(1) list separately each fee imposed related to the making of a
refund anticipation loan;
(2) list the total amount of fees imposed related to the making
of a refund anticipation loan; and
(3) include, for each stated loan amount, the estimated annual
percentage rate for the loan, calculated using the guidelines
established under the Truth in Lending Act (15 U.S.C. Section
1601 et seq.).
(c) A facilitator who advertises or markets refund anticipation
loans in Spanish shall offer any borrower the option of receiving
a Spanish-language printed disclosure and loan contract. A
facilitator who negotiates a loan with a borrower in Spanish
shall offer that borrower the option of receiving a
Spanish-language printed disclosure and loan contract.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.004 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.002(5), eff. September 1, 2009.
Sec. 352.005. INVESTIGATION BY COMMISSIONER. The commissioner
shall:
(1) monitor the operations of a facilitator to ensure compliance
with this chapter; and
(2) receive and investigate complaints against a facilitator or
a person acting as a facilitator.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.005 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Sec. 352.006. REVOCATION OF REGISTRATION. (a) The commissioner
may revoke the registration of a facilitator if the commissioner
concludes that the facilitator has violated this chapter. The
commissioner shall recite the basis of the decision in an order
revoking the registration.
(b) If the commissioner proposes to revoke a registration, the
facilitator is entitled to a hearing before the commissioner or a
hearings officer, who shall propose a decision to the
commissioner. The commissioner or hearings officer shall
prescribe the time and place of the hearing. The hearing is
governed by Chapter 2001, Government Code.
(c) A facilitator aggrieved by a ruling, order, or decision of
the commissioner is entitled to appeal to a district court in the
county in which the hearing was held. An appeal under this
subsection is governed by Chapter 2001, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.006 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Sec. 352.007. ADMINISTRATIVE PENALTY. The commissioner may
assess an administrative penalty of $500 against a person for
each knowing and wilful violation of this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.007 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Sec. 352.008. PREEMPTION OF LOCAL ORDINANCE. This chapter
preempts a local ordinance or rule regulating refund anticipation
loans.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.008 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
State Codes and Statutes
Statutes > Texas > Finance-code > Title-4-regulation-of-interest-loans-and-financed-transactions > Chapter-352-tax-refund-anticipation-loans
FINANCE CODE
TITLE 4. REGULATION OF INTEREST, LOANS, AND FINANCED TRANSACTIONS
SUBTITLE B. LOANS AND FINANCED TRANSACTIONS
CHAPTER 352. TAX REFUND ANTICIPATION LOANS
Sec. 352.001. DEFINITIONS. In this chapter:
(1) "Borrower" means an individual who receives the proceeds of
a refund anticipation loan.
(2) "Facilitator" means a person who processes, receives, or
accepts for delivery an application for a refund anticipation
loan, delivers a check in payment of refund anticipation loan
proceeds, or in any other manner acts to allow the making of a
refund anticipation loan.
(3) "Lender" means a person who extends credit to a borrower in
the form of a refund anticipation loan.
(4) "Refund anticipation loan" means a loan borrowed by a
taxpayer based on the taxpayer's anticipated federal income tax
refund.
(5) "Refund anticipation loan fee" means a fee imposed or other
consideration required by the facilitator or the lender for a
refund anticipation loan. The term does not include a fee
usually imposed or other consideration usually required by the
facilitator in the ordinary course of business for services not
related to the making of loans, including a fee imposed for tax
return preparation or for the electronic filing of a tax return.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.001 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Sec. 352.002. RESTRICTION ON ACTING AS FACILITATOR. (a) A
person may not, individually or in conjunction or cooperation
with another person, act as a facilitator unless the person is:
(1) engaged in the business of preparing tax returns, or
employed by a person engaged in the business of preparing tax
returns;
(2) primarily involved in financial services or tax
preparations;
(3) authorized by the Internal Revenue Service as an e-file
provider; and
(4) registered with the commissioner as a facilitator under
Section 352.003.
(b) This section does not apply to:
(1) a bank, thrift, savings association, industrial bank, or
credit union operating under the laws of the United States or
this state;
(2) an affiliate that is a servicer of a person described by
Subdivision (1) operating under the name of that person; or
(3) any person who acts solely as an intermediary and does not
interact directly with a taxpayer in the making of the refund
anticipation loan.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.002 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.002(4), eff. September 1, 2009.
Sec. 352.003. REGISTRATION OF FACILITATORS. (a) To register as
a facilitator, a person must provide to the commissioner, on or
before December 31 preceding each calendar year in which the
person seeks to act as a facilitator:
(1) a list of each location in this state at which e-file
providers authorized by the Internal Revenue Service file tax
returns on behalf of borrowers for whom the facilitator acts to
allow the making of a refund anticipation loan; and
(2) a processing fee for each location included on the list
furnished under Subdivision (1).
(b) The commissioner shall prescribe the processing fee in an
amount necessary to cover the costs of administering this
section.
(c) After the December 31 deadline, a facilitator may amend the
registration required under Subsection (a) to reflect any change
in the information provided by the registration.
(d) The commissioner shall make available to the public a list
of facilitators registered under this section.
(e) The commissioner may prescribe the registration form.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.003 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Sec. 352.004. DISCLOSURE REQUIREMENTS. (a) A facilitator to
which Section 352.002 applies shall discuss with and clearly
disclose to a borrower, after the borrower's tax return has been
prepared and before the loan is closed:
(1) the refund anticipation loan fee schedule;
(2) a written statement disclosing:
(A) that a refund anticipation loan is a loan and is not the
borrower's actual income tax refund;
(B) that the taxpayer may file an income tax return
electronically without applying for a refund anticipation loan;
(C) that the borrower is responsible for repayment of the loan
and related fees if the tax refund is not paid or is insufficient
to repay the loan;
(D) any fee that will be charged if the loan is not approved;
(E) the average time, as published by the Internal Revenue
Service, within which a taxpayer can expect to receive a refund
for an income tax return filed:
(i) electronically, and the refund is:
(a) deposited directly into the taxpayer's bank account; or
(b) mailed to the taxpayer; and
(ii) by mail, and the refund is:
(a) deposited directly into the taxpayer's financial institution
account; or
(b) mailed to the taxpayer;
(F) that the Internal Revenue Service does not guarantee:
(i) payment of the full amount of the anticipated refund; or
(ii) a specific date on which it will mail a refund or deposit
the refund into a taxpayer's financial institution account; and
(G) the estimated time within which the proceeds of the refund
anticipation loan will be paid to the borrower if the loan is
approved; and
(3) the following information, specific to the borrower:
(A) the estimated total fees for the loan; and
(B) the estimated annual percentage rate for the loan,
calculated using the guidelines established under the Truth in
Lending Act (15 U.S.C. Section 1601 et seq.).
(b) A refund anticipation loan fee schedule required by
Subsection (a)(1) must be a listing or table of refund
anticipation loan fees charged by the lender for refund
anticipation loan amounts. The schedule shall:
(1) list separately each fee imposed related to the making of a
refund anticipation loan;
(2) list the total amount of fees imposed related to the making
of a refund anticipation loan; and
(3) include, for each stated loan amount, the estimated annual
percentage rate for the loan, calculated using the guidelines
established under the Truth in Lending Act (15 U.S.C. Section
1601 et seq.).
(c) A facilitator who advertises or markets refund anticipation
loans in Spanish shall offer any borrower the option of receiving
a Spanish-language printed disclosure and loan contract. A
facilitator who negotiates a loan with a borrower in Spanish
shall offer that borrower the option of receiving a
Spanish-language printed disclosure and loan contract.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.004 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.002(5), eff. September 1, 2009.
Sec. 352.005. INVESTIGATION BY COMMISSIONER. The commissioner
shall:
(1) monitor the operations of a facilitator to ensure compliance
with this chapter; and
(2) receive and investigate complaints against a facilitator or
a person acting as a facilitator.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.005 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Sec. 352.006. REVOCATION OF REGISTRATION. (a) The commissioner
may revoke the registration of a facilitator if the commissioner
concludes that the facilitator has violated this chapter. The
commissioner shall recite the basis of the decision in an order
revoking the registration.
(b) If the commissioner proposes to revoke a registration, the
facilitator is entitled to a hearing before the commissioner or a
hearings officer, who shall propose a decision to the
commissioner. The commissioner or hearings officer shall
prescribe the time and place of the hearing. The hearing is
governed by Chapter 2001, Government Code.
(c) A facilitator aggrieved by a ruling, order, or decision of
the commissioner is entitled to appeal to a district court in the
county in which the hearing was held. An appeal under this
subsection is governed by Chapter 2001, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.006 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Sec. 352.007. ADMINISTRATIVE PENALTY. The commissioner may
assess an administrative penalty of $500 against a person for
each knowing and wilful violation of this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.007 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Sec. 352.008. PREEMPTION OF LOCAL ORDINANCE. This chapter
preempts a local ordinance or rule regulating refund anticipation
loans.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.008 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
State Codes and Statutes
Statutes >
Texas >
Finance-code >
Title-4-regulation-of-interest-loans-and-financed-transactions >
Chapter-352-tax-refund-anticipation-loans FINANCE CODE
TITLE 4. REGULATION OF INTEREST, LOANS, AND FINANCED TRANSACTIONS
SUBTITLE B. LOANS AND FINANCED TRANSACTIONS
CHAPTER 352. TAX REFUND ANTICIPATION LOANS
Sec. 352.001. DEFINITIONS. In this chapter:
(1) "Borrower" means an individual who receives the proceeds of
a refund anticipation loan.
(2) "Facilitator" means a person who processes, receives, or
accepts for delivery an application for a refund anticipation
loan, delivers a check in payment of refund anticipation loan
proceeds, or in any other manner acts to allow the making of a
refund anticipation loan.
(3) "Lender" means a person who extends credit to a borrower in
the form of a refund anticipation loan.
(4) "Refund anticipation loan" means a loan borrowed by a
taxpayer based on the taxpayer's anticipated federal income tax
refund.
(5) "Refund anticipation loan fee" means a fee imposed or other
consideration required by the facilitator or the lender for a
refund anticipation loan. The term does not include a fee
usually imposed or other consideration usually required by the
facilitator in the ordinary course of business for services not
related to the making of loans, including a fee imposed for tax
return preparation or for the electronic filing of a tax return.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.001 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Sec. 352.002. RESTRICTION ON ACTING AS FACILITATOR. (a) A
person may not, individually or in conjunction or cooperation
with another person, act as a facilitator unless the person is:
(1) engaged in the business of preparing tax returns, or
employed by a person engaged in the business of preparing tax
returns;
(2) primarily involved in financial services or tax
preparations;
(3) authorized by the Internal Revenue Service as an e-file
provider; and
(4) registered with the commissioner as a facilitator under
Section 352.003.
(b) This section does not apply to:
(1) a bank, thrift, savings association, industrial bank, or
credit union operating under the laws of the United States or
this state;
(2) an affiliate that is a servicer of a person described by
Subdivision (1) operating under the name of that person; or
(3) any person who acts solely as an intermediary and does not
interact directly with a taxpayer in the making of the refund
anticipation loan.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.002 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.002(4), eff. September 1, 2009.
Sec. 352.003. REGISTRATION OF FACILITATORS. (a) To register as
a facilitator, a person must provide to the commissioner, on or
before December 31 preceding each calendar year in which the
person seeks to act as a facilitator:
(1) a list of each location in this state at which e-file
providers authorized by the Internal Revenue Service file tax
returns on behalf of borrowers for whom the facilitator acts to
allow the making of a refund anticipation loan; and
(2) a processing fee for each location included on the list
furnished under Subdivision (1).
(b) The commissioner shall prescribe the processing fee in an
amount necessary to cover the costs of administering this
section.
(c) After the December 31 deadline, a facilitator may amend the
registration required under Subsection (a) to reflect any change
in the information provided by the registration.
(d) The commissioner shall make available to the public a list
of facilitators registered under this section.
(e) The commissioner may prescribe the registration form.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.003 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Sec. 352.004. DISCLOSURE REQUIREMENTS. (a) A facilitator to
which Section 352.002 applies shall discuss with and clearly
disclose to a borrower, after the borrower's tax return has been
prepared and before the loan is closed:
(1) the refund anticipation loan fee schedule;
(2) a written statement disclosing:
(A) that a refund anticipation loan is a loan and is not the
borrower's actual income tax refund;
(B) that the taxpayer may file an income tax return
electronically without applying for a refund anticipation loan;
(C) that the borrower is responsible for repayment of the loan
and related fees if the tax refund is not paid or is insufficient
to repay the loan;
(D) any fee that will be charged if the loan is not approved;
(E) the average time, as published by the Internal Revenue
Service, within which a taxpayer can expect to receive a refund
for an income tax return filed:
(i) electronically, and the refund is:
(a) deposited directly into the taxpayer's bank account; or
(b) mailed to the taxpayer; and
(ii) by mail, and the refund is:
(a) deposited directly into the taxpayer's financial institution
account; or
(b) mailed to the taxpayer;
(F) that the Internal Revenue Service does not guarantee:
(i) payment of the full amount of the anticipated refund; or
(ii) a specific date on which it will mail a refund or deposit
the refund into a taxpayer's financial institution account; and
(G) the estimated time within which the proceeds of the refund
anticipation loan will be paid to the borrower if the loan is
approved; and
(3) the following information, specific to the borrower:
(A) the estimated total fees for the loan; and
(B) the estimated annual percentage rate for the loan,
calculated using the guidelines established under the Truth in
Lending Act (15 U.S.C. Section 1601 et seq.).
(b) A refund anticipation loan fee schedule required by
Subsection (a)(1) must be a listing or table of refund
anticipation loan fees charged by the lender for refund
anticipation loan amounts. The schedule shall:
(1) list separately each fee imposed related to the making of a
refund anticipation loan;
(2) list the total amount of fees imposed related to the making
of a refund anticipation loan; and
(3) include, for each stated loan amount, the estimated annual
percentage rate for the loan, calculated using the guidelines
established under the Truth in Lending Act (15 U.S.C. Section
1601 et seq.).
(c) A facilitator who advertises or markets refund anticipation
loans in Spanish shall offer any borrower the option of receiving
a Spanish-language printed disclosure and loan contract. A
facilitator who negotiates a loan with a borrower in Spanish
shall offer that borrower the option of receiving a
Spanish-language printed disclosure and loan contract.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.004 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 27.002(5), eff. September 1, 2009.
Sec. 352.005. INVESTIGATION BY COMMISSIONER. The commissioner
shall:
(1) monitor the operations of a facilitator to ensure compliance
with this chapter; and
(2) receive and investigate complaints against a facilitator or
a person acting as a facilitator.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.005 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Sec. 352.006. REVOCATION OF REGISTRATION. (a) The commissioner
may revoke the registration of a facilitator if the commissioner
concludes that the facilitator has violated this chapter. The
commissioner shall recite the basis of the decision in an order
revoking the registration.
(b) If the commissioner proposes to revoke a registration, the
facilitator is entitled to a hearing before the commissioner or a
hearings officer, who shall propose a decision to the
commissioner. The commissioner or hearings officer shall
prescribe the time and place of the hearing. The hearing is
governed by Chapter 2001, Government Code.
(c) A facilitator aggrieved by a ruling, order, or decision of
the commissioner is entitled to appeal to a district court in the
county in which the hearing was held. An appeal under this
subsection is governed by Chapter 2001, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.006 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Sec. 352.007. ADMINISTRATIVE PENALTY. The commissioner may
assess an administrative penalty of $500 against a person for
each knowing and wilful violation of this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.007 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Sec. 352.008. PREEMPTION OF LOCAL ORDINANCE. This chapter
preempts a local ordinance or rule regulating refund anticipation
loans.
Added by Acts 2007, 80th Leg., R.S., Ch.
135, Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.008 by Acts 2009, 81st
Leg., R.S., Ch.
87, Sec. 27.001(17), eff. September 1, 2009.
Loading..
Close Window
Loading, Please Wait!
This may take a second or two.
