Tex.
Fin. Code Section 393.002
Persons Not Covered
(a)
This chapter does not apply to:(1)
a person:(A)
authorized to make a loan or grant an extension of consumer credit under the laws of this state or the United States; and(B)
subject to regulation and supervision by this state or the United States;(2)
a lender approved by the United States secretary of housing and urban development for participation in a mortgage insurance program under the National Housing Act (12 U.S.C. Section 1701 et seq.);(3)
a bank or savings association the deposits or accounts of which are eligible to be insured by the Federal Deposit Insurance Corporation or a subsidiary of the bank or association;(4)
a credit union doing business in this state;(5)
a nonprofit organization exempt from taxation under Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3));(6)
a real estate broker or salesperson licensed under Chapter 1101 (Real Estate Brokers and Sales Agents), Occupations Code, who is acting within the course and scope of that license;(7)
an individual licensed to practice law in this state who is acting within the course and scope of the individual’s practice as an attorney;(8)
a broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of that regulation;(9)
a consumer reporting agency;(10)
a person whose primary business is making loans secured by liens on real property;(11)
a mortgage broker or loan officer licensed under Chapter 156 (Residential Mortgage Loan Companies), Finance Code, who is acting within the course and scope of that license; or(12)
an electronic return originator who:(A)
is an authorized Internal Revenue Service e-file provider; and(B)
makes, negotiates, arranges for, or transacts a loan that is based on a person’s federal income tax refund on behalf of a bank, savings bank, savings and loan association, or credit union.(b)
In an action under this chapter, a person claiming an exemption under this section has the burden of proving the exemption.
Source:
Section 393.002 — Persons Not Covered, https://statutes.capitol.texas.gov/Docs/FI/htm/FI.393.htm#393.002 (accessed Jun. 5, 2024).
