Tex. Fin. Code Section 156.002
Definitions


In this chapter:

(1)

“Auxiliary mortgage loan activity company” means a political subdivision of this state or the federal government doing business for consumers in this state, or an organization that qualifies for an exemption from state franchise and sales and use tax as a 501(c)(3) organization, that is involved in affordable home ownership lending programs.

(1-a)

“Commissioner” means the savings and mortgage lending commissioner.

(1-b)

“Credit union subsidiary organization” has the meaning assigned by Section 180.002 (Definitions).

(1-c)

“Department” means the Department of Savings and Mortgage Lending.

(2)

“Disciplinary action” means an order by the commissioner that requires one or more of the following:

(A)

suspension or revocation of a license or registration under this chapter;

(B)

probation of a suspension or revocation of a license or registration under this chapter on terms and conditions that the commissioner determines appropriate;

(C)

a reprimand of a person licensed or registered under this chapter; or

(D)

an administrative penalty imposed on a person licensed or registered under this chapter under Section 156.302 (Administrative Penalty).

(3)

“Finance commission” means the Finance Commission of Texas.

(4)

Repealed by Acts 2011, 82nd Leg., R.S., Ch. 655, Sec. 65(a)(1), eff. September 1, 2011.

(4-a)

“Independent contractor loan processor or underwriter company” means a corporation, company, partnership, or sole proprietorship that receives compensation for an individual performing clerical or support duties as an independent contractor loan processor or underwriter at the direction of a licensed residential mortgage loan originator.

(4-b)

“Inspection” includes examination.

(5)

Repealed by Acts 2011, 82nd Leg., R.S., Ch. 655, Sec. 65(a)(1), eff. September 1, 2011.

(6)

Repealed by Acts 2011, 82nd Leg., R.S., Ch. 655, Sec. 65(a)(1), eff. September 1, 2011.

(6-a)

“Loan processor or underwriter” has the meaning assigned by Section 180.002 (Definitions).

(7)

“Mortgage applicant” means:

(A)

an applicant for a residential mortgage loan; or

(B)

a person who is solicited to obtain a residential mortgage loan.

(8)

“Mortgage banker” has the meaning assigned by Section 157.002 (Definitions).

(8-a)

“Mortgage company” means a corporation, company, partnership, or sole proprietorship that engages in the business of residential mortgage loan origination on residential real estate located in this state.

(9)

Repealed by Acts 2011, 82nd Leg., R.S., Ch. 655, Sec. 65(a)(1), eff. September 1, 2011.

(10)

Repealed by Acts 2011, 82nd Leg., R.S., Ch. 655, Sec. 65(a)(1), eff. September 1, 2011.

(10-a)

“Nationwide Mortgage Licensing System and Registry” has the meaning assigned by Section 180.002 (Definitions).

(10-b)

“Qualifying individual” means an individual who is:

(A)

licensed under Chapter 157 (Mortgage Bankers and Residential Mortgage Loan Originators) as a residential mortgage loan originator; and

(B)

designated by a residential mortgage loan company as the company’s representative.

(10-c)

“Recovery fund” means the fund established and maintained by the commissioner under Subchapter F and Section 13.016 (Recovery Fund).

(11)

“Registered financial services company” means a person registered under Section 156.2012 (Registered Financial Services Company).

(12)

“Residential mortgage loan” has the meaning assigned by Section 180.002 (Definitions).

(13)

“Residential mortgage loan company” means a person, other than an individual, that engages in the business of residential mortgage loan origination on residential real estate located in this state. The term includes a credit union subsidiary organization, auxiliary mortgage loan activity company, mortgage company, independent contractor loan processor or underwriter company, and financial services company.

(14)

“Residential mortgage loan originator” has the meaning assigned by Section 180.002 (Definitions).

(15)

“Residential real estate” has the meaning assigned by Section 180.002 (Definitions).
Added by Acts 1999, 76th Leg., ch. 1254, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 228 (H.B. 1716), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 905 (H.B. 2783), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.052, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 655 (S.B. 1124), Sec. 5, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 655 (S.B. 1124), Sec. 65(a)(1), eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 160 (S.B. 1004), Sec. 3, eff. September 1, 2013.

Source: Section 156.002 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­156.­htm#156.­002 (accessed Apr. 20, 2024).

156.001
Short Title
156.002
Definitions
156.003
Secondary Market Transactions
156.004
Disclosure to Applicant
156.005
Affiliated Business Arrangements
156.101
Administration and Enforcement of Chapter
156.102
Rulemaking Authority
156.103
Powers of Commissioner
156.104
Mortgage Industry Advisory Committee
156.105
Standard Forms
156.201
Licenses Required
156.202
Exemptions
156.203
Application
156.206
Criminal and Other Background Checks
156.207
Issuance of License
156.208
Renewals
156.209
Denial of Applications and Renewals
156.210
Conditional License
156.211
Change of Address or Sponsorship
156.212
Maintenance and Location of Offices
156.213
Mortgage Call Report
156.301
Inspections
156.302
Administrative Penalty
156.303
Disciplinary Action
156.304
Fee Assessment and Disclosure
156.305
Restitution
156.401
Hearings and Judicial Review
156.402
Civil Actions and Injunctive Relief
156.403
Burden of Proof to Establish an Exemption
156.404
Reliance on Written Notices from Commissioner
156.406
Unlicensed Activity
156.501
Recovery Fund
156.502
Funding
156.503
Statute of Limitations
156.504
Procedure for Recovery
156.505
Recovery Limits
156.506
Revocation or Suspension of License for Payment from Recovery Fund
156.507
Subrogation
156.508
Failure to Comply with Subchapter or Rule Adopted by the Finance Commission
156.551
Mortgage Grant Fund
156.552
Funding
156.553
Management of Fund
156.554
Disbursement from Fund
156.555
Payment of Claims for Fraudulent Unlicensed Activity
156.556
Rules
156.2012
Registered Financial Services Company
156.2041
Qualifications and Requirements for License: Mortgage Company
156.2042
Qualifications and Requirements for License: Credit Union Subsidiary Organization
156.2043
Qualifications and Requirements for License: Auxiliary Mortgage Loan Activity Company
156.2044
Qualifications and Requirements for License: Independent Contractor Loan Processor or Underwriter Company
156.2046
Conviction of Offense
156.2081
Reinstatement After Expiration
156.3011
Issuance and Enforcement of Subpoena

Accessed:
Apr. 20, 2024

§ 156.002’s source at texas​.gov