Texas 2009 - 81st Regular

Texas House Bill HB1939 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R9432 JE-D
2	2	By: Villarreal H.B. No. 1939
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of facilitators of tax refund
8	8	anticipation loans.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 352, Finance Code, is amended by adding
11	11	Section 352.0045 to read as follows:
12	12	Sec. 352.0045. WAIVER OF CERTAIN REQUIREMENTS. (a) If a
13	13	person will collect neither a fee nor interest for a refund
14	14	anticipation loan during the calendar year in which the person
15	15	seeks to act as a facilitator, a person may claim an exemption to:
16	16	(1) the registration processing fee under Section
17	17	352.003(a); and
18	18	(2) the Spanish-language printed loan contract
19	19	requirement under Section 352.004(c).
20	20	(b) To claim an exemption under Subsection (a), a person
21	21	must file an application. An exemption claimed under this section
22	22	is effective on the filing of the application.
23	23	(c) The finance commission shall adopt rules establishing
24	24	procedures for claiming an exemption under Subsection (a). The
25	25	rules must permit a facilitator to file a single application for an
26	26	exemption for all locations included on the list provided to the
27	27	commissioner under Section 352.003(a).
28	28	(d) The commissioner shall prescribe forms to apply for an
29	29	exemption under Subsection (a).
30	30	SECTION 2. Section 352.007, Finance Code, is amended to
31	31	read as follows:
32	32	Sec. 352.007. ADMINISTRATIVE PENALTY. (a) Except as
33	33	provided by Subsection (b), the [The] commissioner may assess an
34	34	administrative penalty of $500 against a person for each knowing
35	35	and wilful violation of this chapter.
36	36	(b) If the commissioner discovers that a person has wilfully
37	37	claimed an exemption under Section 352.0045(a) that the person was
38	38	not entitled to claim, the commissioner shall assess an
39	39	administrative penalty of $100 for each location for which the
40	40	person invalidly claimed an exemption.
41	41	SECTION 3. Chapter 351, Finance Code, as added by Chapter
42	42	135 (H.B. 1344), Acts of the 80th Legislature, Regular Session,
43	43	2007, is amended by adding Section 351.0045 to read as follows:
44	44	Sec. 351.0045. WAIVER OF CERTAIN REQUIREMENTS. (a) If a
45	45	person will collect neither a fee nor interest for a refund
46	46	anticipation loan during the calendar year in which the person
47	47	seeks to act as a facilitator, a person may claim an exemption to:
48	48	(1) the registration processing fee under Section
49	49	351.003(a); and
50	50	(2) the Spanish-language printed loan contract
51	51	requirement under Section 351.004(c).
52	52	(b) To claim an exemption under Subsection (a), a person
53	53	must file an application. An exemption claimed under this section
54	54	is effective on the filing of the application.
55	55	(c) The finance commission shall adopt rules establishing
56	56	procedures for claiming an exemption under Subsection (a). The
57	57	rules must permit a facilitator to file a single application for an
58	58	exemption for all locations included on the list provided to the
59	59	commissioner under Section 351.003(a).
60	60	(d) The commissioner shall prescribe forms to apply for an
61	61	exemption under Subsection (a).
62	62	SECTION 4. Section 351.007, Finance Code, as added by
63	63	Chapter 135 (H.B. 1344), Acts of the 80th Legislature, Regular
64	64	Session, 2007, is amended to read as follows:
65	65	Sec. 351.007. ADMINISTRATIVE PENALTY. (a) Except as
66	66	provided by Subsection (b), the [The] commissioner may assess an
67	67	administrative penalty of $500 against a person for each knowing
68	68	and wilful violation of this chapter.
69	69	(b) If the commissioner discovers that a person has wilfully
70	70	claimed an exemption under Section 351.0045(a) that the person was
71	71	not entitled to claim, the commissioner shall assess an
72	72	administrative penalty of $100 for each location for which the
73	73	person invalidly claimed an exemption.
74	74	SECTION 5. (a) Sections 1 and 2 of this Act take effect only
75	75	if the Act of the 81st Legislature, Regular Session, 2009, relating
76	76	to nonsubstantive additions to and corrections in existing codes
77	77	becomes law.
78	78	(b) Sections 3 and 4 of this Act take effect only if the Act
79	79	of the 81st Legislature, Regular Session, 2009, relating to
80	80	nonsubstantive additions to and corrections in existing codes does
81	81	not become law.
82	82	SECTION 6. This Act takes effect September 1, 2009.