Texas 2019 - 86th Regular

Texas House Bill HB258 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R589 SRS-D
2	2	By: Blanco H.B. No. 258
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the abolition of student loan default or breach of a
8	8	student loan repayment or scholarship contract as a ground for
9	9	nonrenewal or other disciplinary action in relation to a
10	10	professional or occupational license.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 157.015(g), Finance Code, is amended to
13	13	read as follows:
14	14	(g) The commissioner may deny the renewal application for a
15	15	residential mortgage loan originator license if:
16	16	(1) the person seeking the renewal of the residential
17	17	mortgage loan originator license is in violation of this chapter,
18	18	Chapter 156, or Chapter 180, an applicable rule adopted under this
19	19	chapter, Chapter 156, or Chapter 180, or any order previously
20	20	issued to the person by the commissioner;
21	21	(2) the person seeking renewal of the residential
22	22	mortgage loan originator license is in default in the payment of any
23	23	administrative penalty, fee, charge, or other indebtedness owed
24	24	under this title; or
25	25	(3) [the person seeking the renewal of the residential
26	26	mortgage loan originator license is in default on a student loan
27	27	administered by the Texas Guaranteed Student Loan Corporation,
28	28	under Section 57.491, Education Code; or
29	29	[(4)] during the current term of the license, the
30	30	commissioner becomes aware of any fact, other than default on a
31	31	student loan administered by the Texas Guaranteed Student Loan
32	32	Corporation, that would have been grounds for denial of an original
33	33	license if the fact had been known by the commissioner on the date
34	34	the license was granted.
35	35	SECTION 2. Sections 466.155(a) and (g), Government Code,
36	36	are amended to read as follows:
37	37	(a) After a hearing, the director shall deny an application
38	38	for a license or the commission shall suspend or revoke a license if
39	39	the director or commission, as applicable, finds that the applicant
40	40	or sales agent:
41	41	(1) is an individual who:
42	42	(A) has been convicted of a felony, criminal
43	43	fraud, gambling or a gambling-related offense, or a misdemeanor
44	44	involving moral turpitude, if less than 10 years has elapsed since
45	45	the termination of the sentence, parole, mandatory supervision, or
46	46	probation served for the offense;
47	47	(B) is or has been a professional gambler;
48	48	(C) is married to an individual:
49	49	(i) described in Paragraph (A) or (B); or
50	50	(ii) who is currently delinquent in the
51	51	payment of any state tax;
52	52	(D) is an officer or employee of the commission
53	53	or a lottery operator; or
54	54	(E) is a spouse, child, brother, sister, or
55	55	parent residing as a member of the same household in the principal
56	56	place of residence of a person described by Paragraph (D);
57	57	(2) is not an individual, and an individual described
58	58	in Subdivision (1):
59	59	(A) is an officer or director of the applicant or
60	60	sales agent;
61	61	(B) holds more than 10 percent of the stock in the
62	62	applicant or sales agent;
63	63	(C) holds an equitable interest greater than 10
64	64	percent in the applicant or sales agent;
65	65	(D) is a creditor of the applicant or sales agent
66	66	who holds more than 10 percent of the applicant's or sales agent's
67	67	outstanding debt;
68	68	(E) is the owner or lessee of a business that the
69	69	applicant or sales agent conducts or through which the applicant
70	70	will conduct a ticket sales agency;
71	71	(F) shares or will share in the profits, other
72	72	than stock dividends, of the applicant or sales agent; or
73	73	(G) participates in managing the affairs of the
74	74	applicant or sales agent;
75	75	(3) has been finally determined to be[:
76	76	[(A)] delinquent in the payment of a tax or other
77	77	money collected by the comptroller, the Texas Workforce Commission,
78	78	or the Texas Alcoholic Beverage Commission;
79	79	[(B) in default on a loan made under Chapter 52,
80	80	Education Code; or
81	81	[(C) in default on a loan guaranteed under
82	82	Chapter 57, Education Code;]
83	83	(4) is a person whose location for the sales agency is:
84	84	(A) a location licensed for games of bingo under
85	85	Chapter 2001, Occupations Code;
86	86	(B) on land that is owned by:
87	87	(i) this state; or
88	88	(ii) a political subdivision of this state
89	89	and on which is located a public primary or secondary school, an
90	90	institution of higher education, or an agency of the state; or
91	91	(C) a location for which a person holds a wine and
92	92	beer retailer's permit, mixed beverage permit, mixed beverage late
93	93	hours permit, private club registration permit, or private club
94	94	late hours permit issued under Chapter 25, 28, 29, 32, or 33,
95	95	Alcoholic Beverage Code, other than a location for which a person
96	96	holds a wine and beer retailer's permit issued under Chapter 25,
97	97	Alcoholic Beverage Code, that derives less than 30 percent of the
98	98	location's gross receipts from the sale or service of alcoholic
99	99	beverages; or
100	100	(5) has violated this chapter or a rule adopted under
101	101	this chapter.
102	102	(g) For purposes of Subsection (a)(3), the comptroller,
103	103	Texas Workforce Commission, and Texas Alcoholic Beverage
104	104	Commission[, Texas Higher Education Coordinating Board, and Texas
105	105	Guaranteed Student Loan Corporation] shall each provide the
106	106	executive director with a report of persons who have been finally
107	107	determined to be delinquent in the payment of any money owed to or
108	108	collected by that agency. The commission shall adopt rules
109	109	regarding the form and frequency of reports under this subsection.
110	110	SECTION 3. The following laws are repealed:
111	111	(1) Section 57.491, Education Code;
112	112	(2) Section 82.022(c), Government Code;
113	113	(3) Section 154.110(e), Government Code; and
114	114	(4) Chapter 56, Occupations Code.
115	115	SECTION 4. This Act takes effect immediately if it receives
116	116	a vote of two-thirds of all the members elected to each house, as
117	117	provided by Section 39, Article III, Texas Constitution. If this
118	118	Act does not receive the vote necessary for immediate effect, this
119	119	Act takes effect September 1, 2019.