81R10033 ATP-F
By: Solomons H.B. No. 2840
A BILL TO BE ENTITLED
AN ACT
relating to mortgage fraud; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 343.105(a) and (d), Finance Code, are
amended to read as follows:
(a) A lender, mortgage banker, [or] licensed mortgage
broker, or title company representative who interacts with an
applicant for a home loan at closing shall provide to the [each]
applicant [for a home loan] a written notice at closing.
(d) The failure of a lender, mortgage banker, [or] licensed
mortgage broker, or title company representative to provide a
notice complying with this section to each applicant for a home loan
does not affect the validity or enforceability of the home loan by
any holder of the loan.
SECTION 2. Section 402.031(a)(1), Government Code, as added
by Chapter 285 (H.B. 716), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(1) "Authorized governmental agency" means:
(A) the attorney general;
(B) a local or state law enforcement agency of
this state or a federal law enforcement agency;
(C) a prosecuting attorney of the United States
or of a county or judicial district of this state; or
(D) the Department of Public Safety, the Texas
Department of Insurance, the Office of Consumer Credit
Commissioner, the Texas Department of Banking, the credit union
department, the Department of Savings and Mortgage Lending, the
Texas Real Estate Commission, [or] the Texas Appraiser Licensing
and Certification Board, or the Texas Department of Housing and
Community Affairs.
SECTION 3. Section 402.032(c), Government Code, is amended
to read as follows:
(c) The task force consists of the following persons or
their appointees:
(1) the attorney general;
(2) the consumer credit commissioner;
(3) the banking commissioner;
(4) the credit union commissioner;
(5) the commissioner of insurance;
(6) the savings and mortgage lending commissioner;
(7) the presiding officer of the Texas Real Estate
Commission; [and]
(8) the presiding officer of the Texas Appraiser
Licensing and Certification Board; and
(9) a representative of the Texas Department of
Housing and Community Affairs.
SECTION 4. Section 555.051(a), Government Code, is amended
to read as follows:
(a) This section applies only to information held by or for
the office of the attorney general, the Texas Department of
Insurance, the Texas State Board of Public Accountancy, the Public
Utility Commission of Texas, the State Securities Board, the
Department of Savings and Mortgage Lending, the Texas Real Estate
Commission, the Texas Appraiser Licensing and Certification Board,
the Texas Department of Banking, the credit union department, [or]
the Office of Consumer Credit Commissioner, or the Texas Department
of Housing and Community Affairs that relates to the possible
commission of corporate fraud or mortgage fraud by a person who is
licensed or otherwise regulated by any of those state agencies. In
this subsection, "corporate fraud" means a violation of state or
federal law or rules relating to fraud committed by a corporation,
limited liability company, or registered limited liability
partnership or an officer, director, or partner of those entities
while acting in a representative capacity.
SECTION 5. The heading to Section 32.32, Penal Code, is
amended to read as follows:
Sec. 32.32. FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT OR
IN THE PROVISION OF CERTAIN SERVICES.
SECTION 6. Section 32.32, Penal Code, is amended by adding
Subsection (b-1) and amending Subsection (d) to read as follows:
(b-1) A person commits an offense if the person
intentionally or knowingly makes a materially false or misleading
written statement in providing an appraisal of real property for
compensation or in providing any other service related to the
closing or settlement of a real property transaction.
(d) The following agencies shall assist a prosecuting
attorney of the United States or of a county or judicial district of
this state, a county or state law enforcement agency of this state,
or a federal law enforcement agency in the investigation of an
offense under this section involving a mortgage loan:
(1) the office of the attorney general;
(2) the Department of Public Safety;
(3) the Texas Department of Insurance;
(4) the Office of Consumer Credit Commissioner;
(5) the Texas Department of Banking;
(6) the credit union department;
(7) the Department of Savings and Mortgage Lending;
(8) the Texas Real Estate Commission; [and]
(9) the Texas Appraiser Licensing and Certification
Board; and
(10) the Texas Department of Housing and Community
Affairs.
SECTION 7. This Act takes effect September 1, 2009.