H.B. No. 1442

	AN ACT
	relating to the continuation and functions of the Office of
	Consumer Credit Commissioner, the licensing and registration of
	persons regulated by that state agency, and certain consumer
	financial transactions regulated by that state agency.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 11.305(a), Finance Code, is amended to
	read as follows:
	(a)  The [finance commission shall instruct the] consumer
	credit commissioner shall [to] establish a program to address
	alternatives to high-cost lending in this state. The program shall:
	(1)  study and report on [the problem of] high-cost
	lending, including [without limitation] the availability, quality,
	and prices of financial services[, including lending and depository
	services,] offered in this state to [agricultural businesses, small
	businesses, and] individual consumers in this state; and
	(2)  evaluate alternatives to high-cost lending and the
	practices of business entities in this state that provide financial
	services to [agricultural businesses, small businesses, and]
	individual consumers in this state[;
	[(3) develop models to provide lower-cost alternatives
	to assist borrowers who contract for high-cost loans; and
	[(4) track the location of lenders who enter into loan
	contracts providing for an interest charge authorized by Section
	342.201, map the location of the lenders by senatorial district and
	by any other appropriate areas, provide other demographic
	information relating to the loans and the location of the lenders,
	and provide information on the changes in the distribution of the
	lenders from 1997 through the date of the report].
	SECTION 2.  Section 14.059(b), Finance Code, is amended to
	read as follows:
	(b)  The program must require intra-agency posting of all
	nonentry level positions concurrently with any [for at least 10
	days before] public posting.
	SECTION 3.  Section 14.062, Finance Code, is amended to read
	as follows:
	Sec. 14.062.  CONSUMER INFORMATION AND COMPLAINTS. (a)  The
	office shall maintain a system to promptly and efficiently act on
	complaints [file on each written complaint] filed with the office.
	The office shall maintain information about parties to the
	complaint, the subject matter of the complaint, a summary of the
	results of the review or investigation of the complaint, and its
	disposition  [The file must include:
	[(1)  the name of the person who filed the complaint;
	[(2)  the date the complaint is received by the office;
	[(3)  the subject matter of the complaint;
	[(4)     the name of each person contacted in relation to
	the complaint;
	[(5)     a summary of the results of the review or
	investigation of the complaint; and
	[(6)     an explanation of the reason the file was closed,
	if the office closed the file without taking action other than to
	investigate the complaint].
	(b)  The office shall make information available describing
	its procedures for [provide to the person filing the complaint and
	to each person who is a subject of the complaint a copy of the
	office's policies and procedures relating to] complaint
	investigation and resolution.
	(c)  The office[, at least quarterly until final disposition
	of the complaint,] shall periodically notify the complaint parties
	[person filing the complaint and each person who is a subject of the
	complaint] of the status of the complaint until final disposition
	[investigation unless the notice would jeopardize an undercover
	investigation].
	SECTION 4.  Section 14.066, Finance Code, is amended to read
	as follows:
	Sec. 14.066.  SUNSET PROVISION. The office is subject to
	Chapter 325, Government Code (Texas Sunset Act). Unless continued
	in existence as provided by that chapter, the office is abolished
	September 1, 2031 [2019].
	SECTION 5.  Section 14.107(b), Finance Code, is amended to
	read as follows:
	(b)  The finance commission by rule shall set the fees for
	licensing and examination, as applicable, under Chapter 393 with
	respect to a credit access business or Chapter 342, 347, 348, 351,
	353, or 371 at amounts or rates necessary to recover the costs of
	administering those chapters. The rules may provide that the amount
	of a fee charged to a license holder is based on the volume of the
	license holder's regulated business and other key factors. The
	commissioner may provide for collection of a single [annual] fee
	for the term of the license from a person licensed under Subchapter
	G of Chapter 393 or Chapter 342, 347, 348, 351, or 371.  The fee must
	[to] include amounts due for both licensing and examination.
	SECTION 6.  Subchapter C, Chapter 14, Finance Code, is
	amended by adding Sections 14.110, 14.111, and 14.112 to read as
	follows:
	Sec. 14.110.  ALTERNATIVE RULEMAKING AND DISPUTE
	RESOLUTION. (a) The finance commission by rule shall develop a
	policy to encourage the use of:
	(1)  negotiated rulemaking procedures under Chapter
	2008, Government Code, for the adoption of rules by the finance
	commission applicable to the office; and
	(2)  appropriate alternative dispute resolution
	procedures under Chapter 2009, Government Code, to assist in the
	resolution of internal and external disputes under the office's
	jurisdiction.
	(b)  The procedures applicable to the office relating to
	alternative dispute resolution must conform, to the extent
	possible, to any model guidelines issued by the State Office of
	Administrative Hearings for the use of alternative dispute
	resolution by state agencies.
	(c)  The office shall:
	(1)  coordinate the implementation of the policy
	adopted under Subsection (a);
	(2)  provide training as needed to implement the
	procedures for negotiated rulemaking or alternative dispute
	resolution; and
	(3)  collect data concerning the effectiveness of those
	procedures.
	Sec. 14.111.  ADVISORY COMMITTEES. (a) The commissioner may
	appoint advisory committees to assist the office and commissioner
	in performing their duties.
	(b)  The commissioner shall specify each committee's
	purpose, powers, and duties and shall require each committee to
	report to the commissioner or office in the manner specified by the
	commissioner concerning the committee's activities and the results
	of its work.
	Sec. 14.112.  LICENSING AND REGISTRATION TERMS. (a)  The
	finance commission by rule shall prescribe the licensing or
	registration period for licenses and registrations issued under
	Chapters 342, 345, 347, 348, 351, 352, 353, 371, 393, and 394 of
	this code and Chapter 1956, Occupations Code, not to exceed two
	years.
	(b)  In adopting rules under Subsection (a), the finance
	commission shall set terms for licenses that comply with Chapter
	180 and the federal Secure and Fair Enforcement for Mortgage
	Licensing Act of 2008 (Pub. L. No. 110-289).
	(c)  If the finance commission prescribes the term of a
	license or registration under Subsection (a) for a period other
	than one year, the commissioner shall prorate the applicable fee
	required under a chapter specified in Subsection (a) as necessary
	to reflect the term of the license or registration.
	SECTION 7.  Section 14.201, Finance Code, is amended to read
	as follows:
	Sec. 14.201.  INVESTIGATION AND ENFORCEMENT AUTHORITY.
	Investigative and enforcement authority under this subchapter
	applies only to:
	(1)  this chapter;
	(2)  [,] Subtitles B and C, [of] Title 4;
	(3)  [,] Chapter 393 with respect to a credit access
	business;
	(4)  [, and] Chapter 394; and
	(5)  Subchapter B, Chapter 1956, Occupations Code.
	SECTION 8.  Section 14.2015, Finance Code, is amended to
	read as follows:
	Sec. 14.2015.  CONFIDENTIALITY OF CERTAIN INFORMATION.  (a)
	Except as provided by Subsection (b), information or material
	obtained or compiled by the commissioner in relation to an
	examination or investigation by the commissioner or the
	commissioner's representative of a license holder, registrant,
	applicant, or other person under Subtitle B or C, Title 4,
	Subchapter G of Chapter 393, or Chapter 394 of this code or
	Subchapter B, Chapter 1956, Occupations Code, is confidential and
	may not be disclosed by the commissioner or an officer or employee
	of the office [Office of Consumer Credit Commissioner], including:
	(1)  information obtained from a license holder,
	registrant, applicant, or other person examined or investigated
	under Subtitle B or C, Title 4, Subchapter G of Chapter 393, or
	Chapter 394 of this code or Subchapter B, Chapter 1956, Occupations
	Code;
	(2)  work performed by the commissioner or the
	commissioner's representative on information obtained from a
	license holder, registrant, applicant, or other person for the
	purposes of an examination or investigation conducted under
	Subtitle B or C, Title 4, Chapter 393 with respect to a credit
	access business, or Chapter 394 of this code or Subchapter B,
	Chapter 1956, Occupations Code;
	(3)  a report on an examination or investigation of a
	license holder, registrant, applicant, or other person conducted
	under Subtitle B or C, Title 4, Chapter 393 with respect to a credit
	access business, or Chapter 394 of this code or Subchapter B,
	Chapter 1956, Occupations Code; and
	(4)  any written communications between the license
	holder, registrant, applicant, or other person, as applicable, and
	the commissioner or the commissioner's representative relating to
	or referencing an examination or investigation conducted under
	Subtitle B or C, Title 4, Chapter 393 with respect to a credit
	access business, or Chapter 394 of this code or Subchapter B,
	Chapter 1956, Occupations Code.
	(b)  The commissioner or the commissioner's representative
	may disclose the confidential information or material described by
	Subsection (a):
	(1)  to a department, agency, or instrumentality of
	this state or the United States if the commissioner considers
	disclosure to be necessary or proper to the enforcement of the laws
	of this state or the United States and in the best interest of the
	public;
	(2)  if the information was previously provided to or
	provided by the license holder, registrant, applicant, or other
	person, and the person consents to the release of the information or
	has published the information contained in the release; [or]
	(3)  if the commissioner determines that release of the
	information is required for an administrative hearing; or
	(4)  to provide a summary of investigation information
	to the person who filed the complaint with the office.
	SECTION 9.  Section 14.202, Finance Code, is amended to read
	as follows:
	Sec. 14.202.  REQUEST FOR INFORMATION; INVESTIGATION
	AUTHORITY [FAILURE TO COMPLY]. [(a)] On receipt of a written
	complaint or other reasonable cause to believe that a person is
	violating a statute listed by Section 14.201, the commissioner may:
	(1)  require the person to furnish information
	regarding a specific loan, retail transaction, or business practice
	to which the violation relates; and[.]
	(2)  [(b) If a person fails to furnish the information
	requested by the commissioner, the commissioner may] conduct an
	investigation to determine whether a violation exists.
	SECTION 10.  Sections 14.208(a) and (b), Finance Code, are
	amended to read as follows:
	(a)  If the commissioner has reasonable cause to believe that
	a person is violating a statute to which this chapter applies, the
	commissioner, in addition to any other authorized action, may issue
	an order to cease and desist from the violation or an order to take
	affirmative action, or both, to enforce compliance. [A person may
	appeal the order to the finance commission as provided by
	Subsection (d) or directly to district court in accordance with
	Chapter 2001, Government Code.]
	(b)  If a person against whom an order under this section is
	made requests a hearing not later than the 30th day after the date
	the order is served, the commissioner shall set and give notice of a
	hearing before a hearings officer. [The hearing is governed by]
	Chapter 2001, Government Code, governs the hearing and the right to
	judicial review in district court. Based on the findings of fact,
	conclusions of law, and recommendations of the hearings officer,
	the commissioner by order may find whether a violation has
	occurred.
	SECTION 11.  Section 14.251(b), Finance Code, is amended to
	read as follows:
	(b)  The commissioner may order the following businesses or
	other persons [a person who violates or causes a violation of this
	chapter, Chapter 394, or Subtitle B, Title 4, or a rule adopted
	under this chapter, Chapter 394, or Subtitle B, Title 4, or a credit
	access business who violates or causes a violation of Chapter 393 or
	a rule adopted under Chapter 393,] to pay [make] restitution to an
	identifiable person:
	(1)  a person who violates or causes a violation of this
	chapter, Chapter 394, or Subtitle B, Title 4, or a rule adopted
	under this chapter, Chapter 394, or Subtitle B, Title 4;
	(2)  a credit access business who violates or causes a
	violation of Chapter 393 or a rule adopted under Chapter 393; or
	(3)  a person who violates or causes a violation of
	Subchapter B, Chapter 1956, Occupations Code, or a rule adopted
	under that subchapter [injured by the violation].
	SECTION 12.  Section 14.256, Finance Code, is amended to
	read as follows:
	Sec. 14.256.  ACCEPTANCE OF PENALTY; DEFAULT. If a person
	accepts the determination and recommended penalty of the
	commissioner or fails to make a timely written request for a
	hearing, the commissioner by order shall approve the determination
	and impose the recommended penalty.
	SECTION 13.  Section 14.257(a), Finance Code, is amended to
	read as follows:
	(a)  If a person makes a timely written request for
	[requests] a hearing [or fails to give a timely response to the
	notice], the commissioner shall set a hearing and give notice of the
	hearing to the person by certified mail.
	SECTION 14.  Section 342.005, Finance Code, is amended to
	read as follows:
	Sec. 342.005.  APPLICABILITY OF CHAPTER. Except as provided
	by Sections 302.001(d) and 342.004(c), a loan is subject to this
	chapter if the loan:
	(1)  provides for interest in excess of 10 percent a
	year;
	(2)  is extended primarily for personal, family, or
	household use to a person who is located in this state at the time
	the loan is made;
	(3)  is made by a person engaged in the business of
	making, arranging, or negotiating those types of loans; and
	(4)  either:
	(A)  is not secured by a lien on real property; or
	(B)  is described by Section 342.001(4), 342.301,
	or 342.456 and is predominantly payable in monthly installments.
	SECTION 15.  Section 342.0515(c), Finance Code, is amended
	to read as follows:
	(c)  Subject to Section 14.112, the [The] finance commission
	shall adopt rules establishing procedures for issuing, renewing,
	and enforcing an individual license under this section. In adopting
	rules under this subsection, the finance commission shall ensure
	that:
	(1)  the minimum eligibility requirements for issuance
	of an individual license are the same as the requirements of Section
	180.055;
	(2)  the minimum eligibility requirements for renewal
	of an individual license are the same as the requirements of Section
	180.059; and
	(3)  the applicant pays:
	(A)  an investigation fee in a reasonable amount
	determined by the commissioner; and
	(B)  a [an annual] license fee in an amount
	determined as provided by Section 14.107.
	SECTION 16.  The heading to Section 342.053, Finance Code,
	is amended to read as follows:
	Sec. 342.053.  AREA OF BUSINESS; LOANS BY MAIL OR ONLINE.
	SECTION 17.  Section 342.053(b), Finance Code, is amended to
	read as follows:
	(b)  A lender may make, negotiate, arrange, and collect loans
	by mail or online from a licensed office.
	SECTION 18.  Section 342.101(c), Finance Code, is amended to
	read as follows:
	(c)  On the filing of each license application, the applicant
	shall pay to the commissioner [for the license's year of issuance] a
	license fee in an amount determined as provided by Section 14.107.
	SECTION 19.  Section 342.102(c), Finance Code, is amended to
	read as follows:
	(c)  The bond must be conditioned on:
	(1)  the license holder's faithful performance under
	this chapter and rules adopted under this chapter; and
	(2)  the payment of all amounts that become due to the
	state or another person under this chapter during the period
	[calendar year] for which the bond is given.
	SECTION 20.  Subchapter C, Chapter 342, Finance Code, is
	amended by adding Section 342.106 to read as follows:
	Sec. 342.106.  LICENSE TERM. A license issued under this
	chapter is valid for the period prescribed by finance commission
	rule adopted under Section 14.112.
	SECTION 21.  Section 342.154, Finance Code, is amended to
	read as follows:
	Sec. 342.154.  [ANNUAL] LICENSE FEE. Not later than 30 days
	before the date the license expires [December 1], a license holder
	shall pay to the commissioner for each license held a [an annual]
	fee [for the year beginning the next January 1,] in an amount
	determined as provided by Section 14.107.
	SECTION 22.  Section 342.155, Finance Code, is amended to
	read as follows:
	Sec. 342.155.  EXPIRATION OF LICENSE ON FAILURE TO PAY
	[ANNUAL] FEE. If the [annual] fee for a license is not paid before
	the 16th day after the date on which the written notice of
	delinquency of payment has been given to the license holder, the
	license expires on [the later of:
	[(1)]  that day[; or
	[(2)     December 31 of the last year for which an annual
	fee was paid].
	SECTION 23.  Subchapter D, Chapter 342, Finance Code, is
	amended by adding Section 342.1555 to read as follows:
	Sec. 342.1555.  GROUNDS FOR REFUSING RENEWAL. The
	commissioner may refuse to renew the license of a person who fails
	to comply with an order issued by the commissioner to enforce this
	chapter.
	SECTION 24.  Section 342.156, Finance Code, is amended to
	read as follows:
	Sec. 342.156.  LICENSE SUSPENSION OR REVOCATION. After
	notice and opportunity for a hearing, the commissioner may suspend
	or revoke a license if the commissioner finds that:
	(1)  the license holder failed to pay the [annual]
	license fee, an examination fee, an investigation fee, or another
	charge imposed by the commissioner under this chapter;
	(2)  the license holder, knowingly or without the
	exercise of due care, violated this chapter or a rule adopted or
	order issued under this chapter;
	(3)  a fact or condition exists that, if it had existed
	or had been known to exist at the time of the original application
	for the license, clearly would have justified the commissioner's
	denial of the application; or
	(4)  the license holder has failed to ensure that an
	individual acting as a residential mortgage loan originator, as
	defined by Section 180.002, in the making, transacting, or
	negotiating of a loan subject to this chapter is licensed under this
	chapter in accordance with Section 342.0515.
	SECTION 25.  Section 343.002, Finance Code, is amended to
	read as follows:
	Sec. 343.002.  APPLICABILITY. (a) This chapter applies to a
	loan under this chapter that is extended to a person who is located
	in this state at the time the loan is made.
	(b)  This chapter does not apply to:
	(1)  a reverse mortgage; or
	(2)  an open-end account, as defined by Section
	301.002.
	SECTION 26.  Section 345.007, Finance Code, is amended by
	adding Subsection (d) to read as follows:
	(d)  This chapter applies to a retail installment
	transaction extended to a person who is located in this state at the
	time the transaction is entered into.
	SECTION 27.  Section 345.157(d), Finance Code, is amended to
	read as follows:
	(d)  The holder shall remit 50 cents of each delinquency
	charge in excess of $10 collected under this section to the
	comptroller, in the time and manner established by the comptroller,
	for deposit to the credit of an account in the general revenue fund.
	One-half of the money in the account may be appropriated only to
	finance research conducted by the commissioner [finance
	commission] under Section 11.305 and the other one-half of the
	money in the account may be appropriated only to finance
	educational activities and counseling services under Section
	394.001.
	SECTION 28.  Section 345.351, Finance Code, is amended to
	read as follows:
	Sec. 345.351.  REGISTRATION OF HOLDER.  (a)  A holder who is
	not an authorized lender under Chapter 342 or a credit union shall:
	(1)  register with the Office of Consumer Credit
	Commissioner; and
	(2)  pay a [an annual] fee of $10 for each location at
	which a retail installment transaction is originated, serviced, or
	collected.
	(b)  Subject to Section 14.112, the [The] finance commission
	by rule may establish procedures to facilitate the registration and
	collection of fees under this section[, including rules staggering
	throughout the year the dates on which fees are due].
	(c)  A registration issued under this section is valid for
	the period prescribed by finance commission rule adopted under
	Section 14.112.
	(d)  The commissioner may refuse to renew the registration of
	a holder who fails to comply with an order issued by the
	commissioner to enforce this chapter.
	SECTION 29.  Section 346.004(a), Finance Code, is amended to
	read as follows:
	(a)  Unless the contract for the account provides otherwise,
	this chapter applies to a revolving credit account described by
	Section 346.003 if the loan or extension of credit is extended
	primarily for personal, family, or household use to a person who is
	located in this state at the time the loan is made or the extension
	of credit is entered into.
	SECTION 30.  Subchapter A, Chapter 347, Finance Code, is
	amended by adding Section 347.008 to read as follows:
	Sec. 347.008.  APPLICABILITY. Each credit transaction
	extended to a person who is located in this state at the time the
	transaction is entered into is subject to this chapter.
	SECTION 31.  Section 347.451, Finance Code, is amended by
	amending Subsections (a), (b), and (d) and adding Subsections (a-1)
	and (e) to read as follows:
	(a)  A creditor who is not an authorized lender under Chapter
	342 or a credit union shall:
	(1)  register with the Office of Consumer Credit
	Commissioner; and
	(2)  pay a [an annual] fee of $15 for each location at
	which a credit transaction is originated, serviced, or collected.
	(a-1)  A registration issued under this section is valid for
	the period prescribed by finance commission rule adopted under
	Section 14.112.
	(b)  Subject to Section 14.112, the [The] finance commission
	by rule may establish procedures to facilitate the registration and
	collection of fees under this section[, including rules staggering
	the due dates of the fees throughout the year].
	(d)  A creditor shall file the registration renewal and pay
	the [annual] registration fee to the commissioner not later than
	the 30th day after the date on which the creditor receives the
	notice under Subsection (c).
	(e)  The commissioner may refuse to renew the registration of
	a creditor who fails to comply with an order issued by the
	commissioner to enforce this chapter.
	SECTION 32.  Section 347.4515, Finance Code, is amended by
	adding Subsections (a-1) and (e) and amending Subsection (c) to
	read as follows:
	(a-1)  A license issued under this section is valid for the
	period prescribed by finance commission rule adopted under Section
	14.112.
	(c)  Subject to Section 14.112, the [The] finance commission
	shall adopt rules establishing procedures for issuing, renewing,
	and enforcing an individual license under this section. In adopting
	rules under this subsection, the finance commission shall ensure
	that:
	(1)  the minimum eligibility requirements for issuance
	of an individual license are the same as the requirements of Section
	180.055;
	(2)  the minimum eligibility requirements for renewal
	of an individual license are the same as the requirements of Section
	180.059; and
	(3)  the applicant pays:
	(A)  an investigation fee in a reasonable amount
	determined by the commissioner; and
	(B)  a [an annual] license fee in an amount
	determined as provided by Section 14.107.
	(e)  The commissioner may refuse to renew the license of an
	individual described by Subsection (b) who fails to comply with an
	order issued by the commissioner to enforce this chapter.
	SECTION 33.  Section 348.007(a), Finance Code, is amended to
	read as follows:
	(a)  Except as otherwise provided by this section, each
	retail installment transaction extended to a person who is located
	in this state at the time the transaction is entered into is subject
	to this chapter.
	SECTION 34.  Section 348.5015(c), Finance Code, is amended
	to read as follows:
	(c)  Subject to Section 14.112, the [The] finance commission
	shall adopt rules establishing procedures for applying for issuing,
	renewing, and enforcing a license under this section. In adopting
	rules under this subsection, the finance commission shall ensure
	that:
	(1)  the minimum eligibility requirements for issuance
	of a license are the same as the requirements of Section 180.055;
	(2)  the minimum eligibility requirements for renewal
	of a license are the same as the requirements of Section 180.059;
	and
	(3)  the applicant pays:
	(A)  an investigation fee in a reasonable amount
	determined by the commissioner; and
	(B)  a [an annual] license fee in an amount
	determined as provided by Section 14.107.
	SECTION 35.  Section 348.502(b), Finance Code, is amended to
	read as follows:
	(b)  On the filing of a license application, the applicant
	shall pay to the commissioner:
	(1)  an investigation fee not to exceed $200; and
	(2)  [for the license's year of issuance,] a license fee
	in an amount determined as provided by Section 14.107.
	SECTION 36.  Subchapter F, Chapter 348, Finance Code, is
	amended by adding Section 348.5055 to read as follows:
	Sec. 348.5055.  LICENSE TERM. A license issued under this
	chapter is valid for the period prescribed by finance commission
	rule adopted under Section 14.112.
	SECTION 37.  Section 348.506, Finance Code, is amended to
	read as follows:
	Sec. 348.506.  [ANNUAL] LICENSE FEE.  Not later than the 30th
	day before the date the license expires [December 1], a license
	holder shall pay to the commissioner for each license held a [an
	annual] fee [for the year beginning the next January 1,] in an
	amount determined as provided by Section 14.107.
	SECTION 38.  Subchapter F, Chapter 348, Finance Code, is
	amended by adding Section 348.5065 to read as follows:
	Sec. 348.5065.  GROUNDS FOR REFUSAL TO RENEW. The
	commissioner may refuse to renew the license of a person who fails
	to comply with an order issued by the commissioner to enforce this
	chapter.
	SECTION 39.  Section 348.507, Finance Code, is amended to
	read as follows:
	Sec. 348.507.  EXPIRATION OF LICENSE ON FAILURE TO PAY
	[ANNUAL] FEE.  If the [annual] fee for a license is not paid before
	the 16th day after the date on which the written notice of
	delinquency of payment has been given to the license holder, the
	license expires on [the later of:
	[(1)]  that day[; or
	[(2)     December 31 of the last year for which an annual
	fee was paid].
	SECTION 40.  Section 348.508, Finance Code, is amended to
	read as follows:
	Sec. 348.508.  LICENSE SUSPENSION OR REVOCATION. After
	notice and opportunity for a hearing, the commissioner may suspend
	or revoke a license if the commissioner finds that:
	(1)  the license holder failed to pay the [annual]
	license fee, an examination fee, an investigation fee, or another
	charge imposed by the commissioner;
	(2)  the license holder, knowingly or without the
	exercise of due care, violated this chapter or a rule adopted or
	order issued under this chapter; or
	(3)  a fact or condition exists that, if it had existed
	or had been known to exist at the time of the original application
	for the license, clearly would have justified the commissioner's
	denial of the application.
	SECTION 41.  Section 349.301, Finance Code, is amended to
	read as follows:
	Sec. 349.301.  PAYMENT OF FEES. A person who registers or
	obtains or renews a license under this title after the date on which
	the person was required to register or to obtain or renew the
	license may limit the person's liability as provided by this
	subchapter by paying to the commissioner:
	(1)  all prior registration or license fees that the
	person should have paid under this title [for prior years]; and
	(2)  except as provided by Section 349.302(a), a late
	filing fee as provided by this subchapter.
	SECTION 42.  Subchapter A, Chapter 351, Finance Code, is
	amended by adding Section 351.012 to read as follows:
	Sec. 351.012.  APPLICABILITY OF CHAPTER. This chapter
	applies to a property tax loan that is extended to a person for
	payment of property taxes on real property located in this state.
	SECTION 43.  Section 351.0515(c), Finance Code, is amended
	to read as follows:
	(c)  Subject to Section 14.112, the [The] finance commission
	shall adopt rules establishing procedures for issuing, renewing,
	and enforcing an individual license under this section. In adopting
	rules under this subsection, the finance commission shall ensure
	that:
	(1)  the minimum eligibility requirements for issuance
	of an individual license are the same as the requirements of Section
	180.055;
	(2)  the minimum eligibility requirements for renewal
	of an individual license are the same as the requirements of Section
	180.059; and
	(3)  the applicant pays:
	(A)  an investigation fee in a reasonable amount
	determined by the commissioner; and
	(B)  a [an annual] license fee in an amount
	determined as provided by Section 14.107.
	SECTION 44.  The heading to Section 351.053, Finance Code,
	is amended to read as follows:
	Sec. 351.053.  AREA OF BUSINESS; PROPERTY TAX LOANS BY MAIL
	OR ONLINE.
	SECTION 45.  Section 351.053(b), Finance Code, is amended to
	read as follows:
	(b)  A property tax lender may make, negotiate, arrange, and
	collect property tax loans by mail or online from a licensed office.
	SECTION 46.  Section 351.101(c), Finance Code, is amended to
	read as follows:
	(c)  On the filing of each license application, the applicant
	shall pay to the commissioner [for the license's year of issuance] a
	license fee in an amount determined as provided by Section 14.107.
	SECTION 47.  Section 351.102(c), Finance Code, is amended to
	read as follows:
	(c)  The bond must be conditioned on:
	(1)  the license holder's faithful performance under
	this chapter and rules adopted under this chapter; and
	(2)  the payment of all amounts that become due to the
	state or another person under this chapter during the period
	[calendar year] for which the bond is given.
	SECTION 48.  Subchapter C, Chapter 351, Finance Code, is
	amended by adding Section 351.106 to read as follows:
	Sec. 351.106.  LICENSE TERM. A license issued under this
	chapter is valid for the period prescribed by finance commission
	rule adopted under Section 14.112.
	SECTION 49.  Subchapter D, Chapter 351, Finance Code, is
	amended by adding Section 351.1535 to read as follows:
	Sec. 351.1535.  GROUNDS FOR REFUSAL TO RENEW. The
	commissioner may refuse to renew the license of a person who fails
	to comply with an order issued by the commissioner to enforce this
	chapter.
	SECTION 50.  Section 351.154, Finance Code, is amended to
	read as follows:
	Sec. 351.154.  [ANNUAL] LICENSE FEE.  Not later than the 30th
	day before the date the license expires [December 1], a license
	holder shall pay to the commissioner for each license held a [an
	annual] fee [for the year beginning the next January 1,] in an
	amount determined as provided by Section 14.107.
	SECTION 51.  Section 351.155, Finance Code, is amended to
	read as follows:
	Sec. 351.155.  EXPIRATION OF LICENSE ON FAILURE TO PAY
	[ANNUAL] FEE.  If the [annual] fee for a license is not paid before
	the 16th day after the date on which the written notice of
	delinquency of payment has been given to the license holder, the
	license expires on [the later of:
	[(1)]  that day[; or
	[(2)     December 31 of the last year for which an annual
	fee was paid].
	SECTION 52.  Section 351.156, Finance Code, is amended to
	read as follows:
	Sec. 351.156.  LICENSE SUSPENSION OR REVOCATION. After
	notice and opportunity for a hearing, the commissioner may suspend
	or revoke a license if the commissioner finds that:
	(1)  the license holder failed to pay the [annual]
	license fee, an examination fee, an investigation fee, or another
	charge imposed by the commissioner under this chapter;
	(2)  the license holder, knowingly or without the
	exercise of due care, violated this chapter or Section 32.06 or
	32.065, Tax Code, or a rule adopted or an order issued under this
	chapter or Section 32.06 or 32.065, Tax Code;
	(3)  a fact or condition exists that, if it had existed
	or had been known to exist at the time of the original application
	for the license, clearly would have justified the commissioner's
	denial of the application; or
	(4)  the license holder has failed to ensure that an
	individual acting as a residential mortgage loan originator, as
	defined by Section 180.002, in the making, transacting, or
	negotiating of a property tax loan for a principal dwelling is
	licensed under this chapter in accordance with Section 351.0515.
	SECTION 53.  Section 352.003, Finance Code, is amended by
	amending Subsections (a) and (c) and adding Subsections (a-1),
	(c-1), and (f) to read as follows:
	(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).
	(a-1)  A registration issued under this section is valid for
	the period prescribed by finance commission rule adopted under
	Section 14.112.
	(c)  The finance commission by rule shall establish a
	deadline for the submission of the information and fee required by
	Subsection (a) for initial issuance and renewal of registrations
	under this section.
	(c-1)  After the applicable [December 31] deadline for
	initial or renewal registrations, a facilitator may amend the
	registration required under Subsection (a) to reflect any change in
	the information provided by the registration.
	(f)  The commissioner may refuse to renew the registration of
	a person who fails to comply with an order issued by the
	commissioner to enforce this chapter.
	SECTION 54.  Section 352.006(b), Finance Code, is amended to
	read as follows:
	(b)  If the commissioner proposes to revoke a registration,
	the facilitator is entitled to notice and an opportunity for 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
	if the facilitator makes a written request for a hearing not later
	than the 20th day after the date the facilitator receives the notice
	of the proposed revocation. The hearing is governed by Chapter
	2001, Government Code.
	SECTION 55.  Chapter 352, Finance Code, is amended by adding
	Section 352.009 to read as follows:
	Sec. 352.009.  APPLICABILITY OF CHAPTER. This chapter
	applies to a refund anticipation loan that is extended to a person
	who is located in this state at the time the loan is made.
	SECTION 56.  Section 353.502(b), Finance Code, is amended to
	read as follows:
	(b)  On the filing of a license application, the applicant
	shall pay to the commissioner:
	(1)  an investigation fee not to exceed $200; and
	(2)  [for the license's year of issuance,] a license fee
	in an amount determined as provided by Section 14.107.
	SECTION 57.  Subchapter F, Chapter 353, Finance Code, is
	amended by adding Section 353.5055 to read as follows:
	Sec. 353.5055.  LICENSE TERM. A license issued under this
	chapter is valid for the period prescribed by finance commission
	rule adopted under Section 14.112.
	SECTION 58.  Section 353.506, Finance Code, is amended to
	read as follows:
	Sec. 353.506.  [ANNUAL] LICENSE FEE. Not later than the 30th
	day before the date the license expires [December 1], a license
	holder shall pay to the commissioner for each license held a [an
	annual] fee [for the year beginning the next January 1,] in an
	amount determined as provided by Section 14.107.
	SECTION 59.  Subchapter F, Chapter 353, Finance Code, is
	amended by adding Section 353.5065 to read as follows:
	Sec. 353.5065.  GROUNDS FOR REFUSAL OF RENEWAL. The
	commissioner may refuse to renew the license of a person who fails
	to comply with an order issued by the commissioner to enforce this
	chapter.
	SECTION 60.  Section 353.507, Finance Code, is amended to
	read as follows:
	Sec. 353.507.  EXPIRATION OF LICENSE ON FAILURE TO PAY
	[ANNUAL] FEE. If the [annual] fee for a license is not paid before
	the 16th day after the date on which the written notice of
	delinquency of payment has been given to the license holder, the
	license expires on [the later of:
	[(1)]  that day[; or
	[(2)     December 31 of the last year for which an annual
	fee was paid].
	SECTION 61.  Section 353.508, Finance Code, is amended to
	read as follows:
	Sec. 353.508.  LICENSE SUSPENSION OR REVOCATION. After
	notice and opportunity for a hearing, the commissioner may suspend
	or revoke a license if the commissioner finds that:
	(1)  the license holder failed to pay the [annual]
	license fee, an investigation fee, or another charge imposed by the
	commissioner;
	(2)  the license holder, knowingly or without the
	exercise of due care, violated this chapter or a rule adopted or
	order issued under this chapter; or
	(3)  a fact or condition exists that, if it had existed
	or had been known to exist at the time of the original application
	for the license, clearly would have justified the commissioner's
	denial of the application.
	SECTION 62.  Section 354.005(d), Finance Code, is amended to
	read as follows:
	(d)  The commissioner may deny approval of a form only if the
	form excludes the language required by Sections 354.003 and 354.004
	or contains any inconsistent or misleading provisions. All form
	denials, after an opportunity for a hearing under Chapter 2001,
	Government Code, may be appealed to a district court in accordance
	with that chapter [the finance commission].
	SECTION 63.  Section 371.002, Finance Code, is amended to
	read as follows:
	Sec. 371.002.  PURPOSES. The purposes of this chapter are
	to:
	(1)  prevent fraud, unfair practices, discrimination,
	imposition, and abuse of state residents;
	(2)  exercise the state's police power to ensure a sound
	system of making pawn loans and transfers of personal property by
	and through pawnshops;
	(3)  prevent transactions in stolen property and other
	unlawful property transactions by licensing and regulating
	pawnbrokers [and pawnshop employees];
	(4)  provide for licensing and investigation fees;
	(5)  provide minimum capital requirements for
	pawnbrokers;
	(6)  ensure financial responsibility to the state and
	its residents and compliance with federal, state, and local law,
	including rules and ordinances; and
	(7)  assist local governments in the exercise of their
	police power.
	SECTION 64.  Section 371.003(8), Finance Code, is amended to
	read as follows:
	(8)  "Pawn transaction" means the pledging, by a person
	present in this state at the time of the transaction, with a
	pawnbroker of a single item of goods as security for a loan of
	money.
	SECTION 65.  Section 371.052(a), Finance Code, is amended to
	read as follows:
	(a)  To be eligible for a pawnshop license, an applicant
	must:
	(1)  [be of good moral character;
	[(2)]  meet the net assets requirement of Section
	371.072; and
	(2) [(3)]  show that:
	(A)  the pawnshop will be operated lawfully and
	fairly under this chapter; and
	(B)  the applicant or the applicant's owners and
	managers have the financial responsibility, experience, character,
	and general fitness to command the confidence of the public in the
	pawnshop's operations.
	SECTION 66.  Section 371.055, Finance Code, is amended to
	read as follows:
	Sec. 371.055.  FEES; PROOF OF INSURANCE. An applicant must
	submit with the application:
	(1)  an investigation fee of:
	(A)  $500 if the applicant does not hold a
	license; or
	(B)  $250 if the application:
	(i)  is for an additional license for a
	separate location; or
	(ii)  involves substantially identical
	principals and owners of a licensed pawnshop at a separate
	location;
	(2)  a [an annual] fee in an amount determined as
	provided by Section 14.107; and
	(3)  proof of general liability and fire insurance in a
	reasonable amount and form required by the commissioner.
	SECTION 67.  Section 371.062, Finance Code, is amended to
	read as follows:
	Sec. 371.062.  DISPOSITION OF FEES ON DENIAL OF APPLICATION.
	If the commissioner denies the application, the commissioner shall
	retain the investigation fee and shall return to the applicant the
	[annual] license fee submitted with the application.
	SECTION 68.  Subchapter B, Chapter 371, Finance Code, is
	amended by adding Section 371.0625 to read as follows:
	Sec. 371.0625.  LICENSE TERM. A license issued under this
	subchapter is valid for the period prescribed by finance commission
	rule adopted under Section 14.112.
	SECTION 69.  Section 371.064, Finance Code, is amended to
	read as follows:
	Sec. 371.064.  [ANNUAL] LICENSE FEE; EXPIRATION. (a) Not
	later than the 30th day before the date the license expires
	[December 1], a pawnbroker shall pay to the commissioner for each
	license held a [an annual] fee in an amount determined as provided
	by Section 14.107 [for the year beginning the next January 1].
	(b)  If the [annual] fee for a license is not paid before the
	16th day after the date on which written notice of delinquency of
	payment has been given to the pawnbroker by the commissioner, the
	license expires on [the later of:
	[(1)]  that day[; or
	[(2)     December 31 of the last year for which an annual
	fee was paid].
	SECTION 70.  Subchapter B, Chapter 371, Finance Code, is
	amended by adding Section 371.0645 to read as follows:
	Sec. 371.0645.  GROUNDS FOR REFUSAL TO RENEW. The
	commissioner may refuse to renew the license of a person who fails
	to comply with an order issued by the commissioner to enforce this
	chapter.
	SECTION 71.  Subchapter B, Chapter 371, Finance Code, is
	amended by adding Section 371.074 to read as follows:
	Sec. 371.074.  PAWNBROKER RESPONSIBLE FOR EMPLOYEES AND
	AGENTS. A license holder under this subchapter is responsible for
	all acts of the license holder's officers, directors, employees,
	and agents acting on behalf of the pawnshop.
	SECTION 72.  The heading to Subchapter C, Chapter 371,
	Finance Code, is amended to read as follows:
	SUBCHAPTER C. PAWNSHOP EMPLOYEE LICENSE PROGRAM
	SECTION 73.  Section 371.101, Finance Code, is amended to
	read as follows:
	Sec. 371.101.  PAWNSHOP EMPLOYEE LICENSE PROGRAM
	[REQUIRED]. (a) A pawnbroker may, but is not required to,
	participate in the pawnshop employee license program by notifying
	the commissioner in writing on a form prescribed by the
	commissioner.
	(a-1)  A pawnbroker may submit a written notification to
	participate in the pawnshop employee license program under
	Subsection (a):
	(1)  at the time of the pawnbroker's original license
	application;
	(2)  at the time of a renewal of the pawnbroker's
	license; or
	(3)  at another time prescribed by the commissioner.
	(a-2)  A pawnbroker may notify the commissioner in writing of
	the pawnbroker's intention to no longer participate in the pawnshop
	employee license program at any time notification is permitted
	under Subsection (a-1). On receipt by the commissioner of a
	pawnbroker's notification under this subsection, the pawnbroker
	will no longer be a part of the pawnshop employee license program
	unless the pawnbroker resubmits a new notification for
	participation under Subsection (a-1).
	(b)  An individual who begins employment at a pawnshop for a
	pawnbroker that participates in the pawnshop employee license
	program under Subsection (a), as a condition of employment, must
	apply to the commissioner for a pawnshop employee license not later
	than the 75th day after the date employment begins.
	[(b)]  The individual may continue employment until the
	license is issued or denied.
	(c)  If a pawnbroker participates in the pawnshop employee
	license program under Subsection (a), the participating [A]
	pawnbroker may not employ an individual to write a pawn
	transaction, buy or sell merchandise, or supervise another employee
	who writes pawn transactions or buys or sells merchandise unless
	the individual:
	(1)  has complied with Subsection (b) [(a)] but has not
	been issued or denied a license; or
	(2)  holds a pawnshop employee license.
	(d)  Subsection (c) does not apply to an individual who:
	(1)  has an ownership interest in the pawnshop license;
	and
	(2)  is named on the application.
	(e)  Subject to Section 14.112, the Finance Commission of
	Texas shall adopt rules to administer the pawnshop employee license
	program.
	SECTION 74.  Section 371.102(a), Finance Code, is amended to
	read as follows:
	(a)  To be eligible for a pawnshop employee license, an
	individual must:
	(1)  be of [good moral character and] good business
	repute; [and]
	(2)  possess the character and general fitness
	necessary to warrant belief that the individual will operate the
	business lawfully and fairly under this chapter; and
	(3)  be employed by a pawnbroker that participates in
	the pawnshop employee license program under Section 371.101.
	SECTION 75.  Section 371.103(b), Finance Code, is amended to
	read as follows:
	(b)  The application must be accompanied by an investigation
	and annual fee in an amount determined as provided by Section 14.107
	[of $25].
	SECTION 76.  Section 371.105, Finance Code, is amended to
	read as follows:
	Sec. 371.105.  LICENSE TERM. A pawnshop employee license is
	valid for the period prescribed by finance commission rule adopted
	under Section 14.112 [effective until the license expires or is
	surrendered, suspended, or revoked].
	SECTION 77.  Section 371.106, Finance Code, is amended to
	read as follows:
	Sec. 371.106.  [ANNUAL] LICENSE FEE; EXPIRATION. (a) Not
	later than the 30th day before the date the license expires
	[December 1], a pawnshop employee license holder shall pay to the
	commissioner a [an annual] fee in an amount determined as provided
	by Section 14.107 [of $15 for the year beginning the next January
	1].
	(b)  The commissioner shall send written notice of
	delinquency to a license holder who does not pay the fee on or
	before the 30th day before the date the license expires [December
	1].
	(c)  If the [annual] fee for a license is not paid before the
	16th day after the date of the delinquency notice, the license
	expires on [the later of:]
	[(1)] that day[; or
	[(2) January 1 of the first year for which the annual
	fee was not paid].
	(d)  A pawnshop employee license expires on the 30th day
	after the last day of employment if the license holder:
	(1)  ceases to be employed by a pawnbroker that
	participates in the pawnshop employee license program under Section
	371.101; and
	(2)  is not employed within that time by another
	pawnbroker that participates in the pawnshop employee license
	program.
	SECTION 78.  Subchapter C, Chapter 371, Finance Code, is
	amended by adding Section 371.107 to read as follows:
	Sec. 371.107.  GROUNDS FOR REFUSAL TO RENEW. The
	commissioner may refuse to renew the pawnshop employee license of a
	person who fails to comply with an order issued by the commissioner
	to enforce this chapter.
	SECTION 79.  Section 371.251(a), Finance Code, is amended to
	read as follows:
	(a)  After notice and opportunity for a hearing, the
	commissioner may revoke or suspend a pawnshop license if the
	commissioner finds that:
	(1)  the pawnbroker has not paid a fee or charge imposed
	by the commissioner under this chapter;
	(2)  the pawnbroker, knowingly or without exercising
	due care to prevent the violation, has violated this chapter or a
	rule adopted or an order issued under this chapter;
	(3)  a fact or condition exists that, if it had existed
	or had been known to exist at the time of the original license
	application, clearly would have justified refusal to issue the
	license;
	(4)  the pawnbroker has established an association with
	an unlicensed person who, with the knowledge of the pawnbroker, has
	violated this chapter;
	(5)  the pawnbroker has aided or conspired with a
	person to circumvent this chapter;
	(6)  the pawnbroker or a legal or beneficial owner of
	the pawnbroker [is not of good moral character or] has been
	convicted of a crime that the commissioner finds directly relates
	to the duties and responsibilities of the occupation of pawnbroker
	or would otherwise make the person unfit for a pawnshop license
	under Section 371.052;
	(7)  the financial responsibility, experience,
	character, or general fitness of the pawnbroker or its owners and
	managers do not command the confidence of the public or warrant the
	belief that the business will be operated lawfully, fairly, and
	within the purposes of this chapter; or
	(8)  the pawnbroker has not maintained the minimum net
	assets required by Section 371.072.
	SECTION 80.  Section 371.255, Finance Code, is amended to
	read as follows:
	Sec. 371.255.  REVOCATION OR SUSPENSION OF PAWNSHOP EMPLOYEE
	LICENSE. After notice and hearing, the commissioner may revoke or
	suspend a pawnshop employee license if the commissioner finds that:
	(1)  the license holder knowingly or recklessly
	violated this chapter or a rule adopted or order issued under this
	chapter;
	(2)  a fact or condition exists that, if it had existed
	or had been known to exist at the time of the original license
	application, clearly would have justified refusal to issue the
	license; or
	(3)  the [moral character,] business repute[,] and
	general fitness of the license holder do not warrant belief that the
	license holder will operate the business lawfully and fairly within
	the provisions of this chapter.
	SECTION 81.  Section 371.258(c), Finance Code, is amended to
	read as follows:
	(c)  The commissioner shall reinstate an expired pawnbroker
	license if, not later than the 180th day after the date on which the
	license expired, the pawnbroker pays the commissioner the
	delinquent $125 [annual] fee plus a reinstatement fee of $1,000.
	After a pawnbroker's license has expired, the commissioner shall
	promptly send notice of reinstatement rights to the delinquent
	pawnbroker by certified mail.
	SECTION 82.  Section 393.602(a), Finance Code, is amended to
	read as follows:
	(a)  This subchapter applies only to a credit services
	organization that, with respect to a consumer who is located in this
	state at the time of the transaction, obtains for a consumer or
	assists a consumer in obtaining an extension of consumer credit in
	the form of:
	(1)  a deferred presentment transaction; or
	(2)  a motor vehicle title loan.
	SECTION 83.  Section 393.604(c), Finance Code, is amended to
	read as follows:
	(c)  On the filing of each license application, the applicant
	shall pay to the commissioner [for the license's year of issuance] a
	license fee in an amount determined as provided by Section 14.107.
	SECTION 84.  Section 393.605(c), Finance Code, is amended to
	read as follows:
	(c)  The bond must be conditioned on:
	(1)  the license holder's faithful performance under
	this subchapter and rules adopted under this subchapter; and
	(2)  the payment of all amounts that become due to this
	state or another person under this subchapter during the period
	[calendar year] for which the bond is given.
	SECTION 85.  Subchapter G, Chapter 393, Finance Code, is
	amended by adding Sections 393.6085 and 393.6115 to read as
	follows:
	Sec. 393.6085.  LICENSE TERM. A license issued under this
	chapter is valid for the period prescribed by finance commission
	rule adopted under Section 14.112.
	Sec. 393.6115.  GROUNDS FOR REFUSAL TO RENEW. The
	commissioner may refuse to renew the license of a credit access
	business who fails to comply with an order issued by the
	commissioner to enforce this chapter.
	SECTION 86.  Section 393.612, Finance Code, is amended to
	read as follows:
	Sec. 393.612.  [ANNUAL] LICENSE FEE. Not later than the 30th
	day before the date the license expires [December 1], a license
	holder shall pay to the commissioner for each license held a [an
	annual] fee [for the year beginning the next January 1,] in an
	amount determined as provided by Section 14.107.
	SECTION 87.  Section 393.613, Finance Code, is amended to
	read as follows:
	Sec. 393.613.  EXPIRATION OF LICENSE ON FAILURE TO PAY
	[ANNUAL] FEE. If the [annual] fee for a license is not paid before
	the 16th day after the date on which the written notice of
	delinquency of payment has been given to the license holder, the
	license expires on [the later of:
	[(1)]  that day[; or
	[(2)     December 31 of the last year for which an annual
	fee was paid].
	SECTION 88.  Section 393.614(a), Finance Code, is amended to
	read as follows:
	(a)  After notice and opportunity for a hearing, the
	commissioner may suspend or revoke a license if the commissioner
	finds that:
	(1)  the license holder failed to pay the [annual]
	license fee, an examination fee, an investigation fee, or another
	charge imposed by the commissioner under this subchapter;
	(2)  the license holder, knowingly or without the
	exercise of due care, violated this chapter or a rule adopted or
	order issued under this chapter; or
	(3)  a fact or condition exists that, if it had existed
	or had been known to exist at the time of the original application
	for the license, clearly would have justified the commissioner's
	denial of the application.
	SECTION 89.  Section 394.204, Finance Code, is amended by
	amending Subsections (b), (f), (g), and (k) and adding Subsection
	(j-1) to read as follows:
	(b)  A registration issued under this section is valid for
	the period prescribed by finance commission rule adopted under
	Section 14.112 [Registration expires on December 31 of the year in
	which the registration occurs and must be renewed annually].
	(f)  Subject to Subsection (j-1), a [A] person may renew a
	registration by paying the appropriate fee and completing all
	required documents.
	(g)  Subject to Section 14.112, the [The] finance commission
	by rule may establish procedures to facilitate the registration and
	collection of fees under this section[, including rules staggering
	throughout the year the dates on which fees are due].
	(j-1)  The commissioner may refuse to renew the registration
	of a person who fails to comply with an order issued by the
	commissioner to enforce this chapter.
	(k)  In addition to the power to refuse an initial
	application as specified in this section, the commissioner may
	suspend or revoke a provider's registration after notice and
	opportunity for a hearing if the commissioner finds that any of the
	following conditions are met:
	(1)  a fact or condition exists that, if it had existed
	when the provider applied for registration, would have been grounds
	for denying registration;
	(2)  a fact or condition exists that the commissioner
	was not aware of when the provider applied for registration and
	would have been grounds for denying registration;
	(3)  the provider violates this subchapter or rule or
	order of the commissioner under this subchapter;
	(4)  the provider is insolvent;
	(5)  the provider refuses to permit the commissioner to
	make an examination authorized by this subchapter;
	(6)  the provider fails to respond within a reasonable
	time and in an appropriate manner to communications from the
	commissioner;
	(7)  the provider has received money from or on behalf
	of a consumer for disbursement to a creditor under a debt management
	plan that provides for regular periodic payments to creditors in
	full repayment of the principal amount of the debts and the provider
	has failed to disburse money to the creditor on behalf of the
	consumer within a reasonable time, normally 30 days;
	(8)  the commissioner determines that the provider's
	trust account is not materially in balance with and reconciled to
	the consumer's account; or
	(9)  the provider fails to warrant the belief that the
	business will be operated lawfully and fairly and within the
	provisions and purposes of this subchapter.
	SECTION 90.  Section 394.205(b), Finance Code, is amended to
	read as follows:
	(b)  Each provider shall file a report with the commissioner
	at each renewal of the provider's registration.  The report must at
	a minimum disclose in detail and under appropriate headings:
	(1)  the assets and liabilities of the provider at the
	beginning and end of the period, if the provider is a nonprofit or
	tax exempt organization;
	(2)  the total number of debt management plans the
	provider has initiated on behalf of consumers in this state during
	that period [year]; and
	(3)  records of total and average fees charged to
	consumers, including all voluntary contributions received from
	consumers.
	SECTION 91.  Section 394.214(e), Finance Code, is amended to
	read as follows:
	(e)  The commissioner may enforce this subchapter and rules
	adopted under this subchapter by:
	(1)  ordering the violator to cease and desist from the
	violation and any similar violations;
	(2)  ordering the violator to take affirmative action
	to correct the violation, including the restitution of money or
	property to a person aggrieved by the violation;
	(3)  imposing an administrative penalty not to exceed
	$1,000 for each violation as provided by Subchapter F, Chapter 14;
	or
	(4)  rejecting an initial application, refusing to
	renew a registration, or revoking or suspending a registration as
	provided by Section 394.204.
	SECTION 92.  Section 1956.0612, Occupations Code, is amended
	by amending Subsections (b) and (d) and adding Subsections (b-1),
	(d-1), and (h) to read as follows:
	(b)  To register as a dealer, 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 dealer]:
	(1)  a list of each location in this state at which the
	person will conduct business as a dealer; and
	(2)  a processing fee for each location included on the
	list furnished under Subdivision (1).
	(b-1)  A registration issued under this section is valid for
	the period prescribed by commission rule adopted under Section
	14.112, Finance Code.
	(d)  The commission by rule shall establish a deadline for
	the submission of the information and fee required by Subsection
	(b) for initial issuance and renewal of registrations under this
	section.
	(d-1)  After the applicable [December 31] deadline for
	initial or renewal registrations, a dealer may amend the
	registration required under Subsection (a) to reflect any change in
	the information provided by the registration.
	(h)  The commissioner may refuse to renew the registration of
	a person who fails to comply with an order issued by the
	commissioner to enforce this chapter.
	SECTION 93.  Section 1956.0614(a), Occupations Code, is
	amended to read as follows:
	(a)  The commissioner may revoke the registration of a dealer
	if the commissioner concludes that the dealer has violated this
	chapter or an order issued by the commissioner to enforce this
	chapter.  The commissioner shall recite the basis of the decision in
	an order revoking the registration.
	SECTION 94.  Section 1956.063, Occupations Code, is amended
	by amending Subsection (c) and adding Subsection (c-1) to read as
	follows:
	(c)  For each transaction regulated by this subchapter, the
	dealer shall submit a report on a preprinted and prenumbered form
	prescribed by the commissioner or in the manner described by
	Subsection (c-1). The form must include the following:
	(1)  the date of the transaction;
	(2)  a description of the crafted precious metal
	purchased by the dealer;
	(3)  the name and physical address of the dealer; and
	(4)  the name, physical description, and physical
	address of the seller or transferor.
	(c-1)  A dealer may submit a list required by Section
	1956.062(b) to satisfy the reporting requirement under this section
	if the list contains the information described by Subsection (c).
	SECTION 95.  The following provisions of the Finance Code
	are repealed:
	(1)  Section 14.208(d);
	(2)  Section 371.052(b); and
	(3)  Sections 371.304(b), (c), and (d).
	SECTION 96.  Section 14.112, Finance Code, as added by this
	Act, applies only to a license or registration issued or renewed on
	or after September 1, 2019. A license or registration issued or
	renewed before that date is governed by the law in effect
	immediately before the effective date of this Act, and the former
	law is continued in effect for that purpose.
	SECTION 97.  A license issued under Section 371.104, Finance
	Code, before the effective date of this Act continues in effect
	until June 30, 2020.  The license may be renewed under Subchapter C,
	Chapter 371, Finance Code, as amended by this Act.
	SECTION 98.  The changes in law made by this Act do not
	affect the validity of a disciplinary action or other proceeding
	that was initiated before the effective date of this Act and that is
	pending before a court or other governmental entity on that date.
	SECTION 99.  The changes in law made by this Act to Section
	371.304, Finance Code, apply only to an offense committed on or
	after the effective date of this Act. An offense committed before
	the effective date of this Act is governed by the law in effect on
	the date the offense was committed, and the former law is continued
	in effect for that purpose. For purposes of this section, an offense
	was committed before the effective date of this Act if any element
	of the offense occurred before that date.
	SECTION 100.  (a) Not later than November 1, 2019, the
	Finance Commission of Texas shall adopt rules to implement the
	pawnshop employee license program under Section 371.101, Finance
	Code, as amended by this Act.
	(b)  Not later than December 1, 2019, the Office of Consumer
	Credit Commissioner shall be prepared to accept applications for
	licenses under the pawnshop employee license program described by
	Section 371.101, Finance Code, as amended by this Act.
	SECTION 101.  This Act takes effect September 1, 2019.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1442 was passed by the House on April
	3, 2019, by the following vote:  Yeas 147, Nays 0, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 1442 on May 22, 2019, by the following vote:  Yeas 144, Nays 0,
	1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1442 was passed by the Senate, with
	amendments, on May 3, 2019, by the following vote:  Yeas 30, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor