Texas Finance Code 351.051 – License Required
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(a) A person must hold a license issued under this chapter to:
(1) engage in the business of making, transacting, or negotiating property tax loans; or
(2) contract for, charge, or receive, directly or indirectly, in connection with a property tax loan subject to this chapter, a charge, including interest, compensation, consideration, or another expense, authorized under this chapter or Chapter 32, Tax Code.
(b) A person may not use any device, subterfuge, or pretense to evade the application of this section.
Terms Used In Texas Finance Code 351.051
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
(c) Except as provided by § 351.003, this chapter does not apply to:
(1) any of the following entities or an employee of any of the following entities, if the employee is acting for the benefit of the employer:
(A) a bank, savings bank, or savings and loan association, or a subsidiary or an affiliate of a bank, savings bank, or savings and loan association; or
(B) a state or federal credit union, or a subsidiary, affiliate, or credit union service organization of a state or federal credit union; or
(2) an individual who:
(A) is related to the property owner within the second degree of consanguinity or affinity, as determined under Chapter 573, Government Code; or
(B) makes five or fewer property tax loans in any consecutive 12-month period from the individual’s own funds.
(d) A property tax lender licensed under this chapter is not required to be licensed under Chapter 156 or any other provision of this code.