Texas 2019 - 86th Regular

Texas Senate Bill SB603 Compare Versions

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

Old	New	Differences
1	1	86R2054 GRM-D
2	2	By: Hall, et al. S.B. No. 603
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Office of
8	8	Consumer Credit Commissioner and the licensing and registration of
9	9	persons regulated by that state agency.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 14.062, Finance Code, is amended to read
12	12	as follows:
13	13	Sec. 14.062. CONSUMER INFORMATION AND COMPLAINTS. (a) The
14	14	office shall maintain a system to promptly and efficiently act on
15	15	complaints [file on each written complaint] filed with the office.
16	16	The office shall maintain information about parties to the
17	17	complaint, the subject matter of the complaint, a summary of the
18	18	results of the review or investigation of the complaint, and its
19	19	disposition [The file must include:
20	20	[(1) the name of the person who filed the complaint;
21	21	[(2) the date the complaint is received by the office;
22	22	[(3) the subject matter of the complaint;
23	23	[(4) the name of each person contacted in relation to
24	24	the complaint;
25	25	[(5) a summary of the results of the review or
26	26	investigation of the complaint; and
27	27	[(6) an explanation of the reason the file was closed,
28	28	if the office closed the file without taking action other than to
29	29	investigate the complaint].
30	30	(b) The office shall make information available describing
31	31	its procedures for [provide to the person filing the complaint and
32	32	to each person who is a subject of the complaint a copy of the
33	33	office's policies and procedures relating to] complaint
34	34	investigation and resolution.
35	35	(c) The office[, at least quarterly until final disposition
36	36	of the complaint,] shall periodically notify the complaint parties
37	37	[person filing the complaint and each person who is a subject of the
38	38	complaint] of the status of the complaint until final disposition
39	39	[investigation unless the notice would jeopardize an undercover
40	40	investigation].
41	41	SECTION 2. Section 14.066, Finance Code, is amended to read
42	42	as follows:
43	43	Sec. 14.066. SUNSET PROVISION. The office is subject to
44	44	Chapter 325, Government Code (Texas Sunset Act). Unless continued
45	45	in existence as provided by that chapter, the office is abolished
46	46	September 1, 2031 [2019].
47	47	SECTION 3. Section 14.107(b), Finance Code, is amended to
48	48	read as follows:
49	49	(b) The finance commission by rule shall set the fees for
50	50	licensing and examination, as applicable, under Chapter 393 with
51	51	respect to a credit access business or Chapter 342, 347, 348, 351,
52	52	353, or 371 at amounts or rates necessary to recover the costs of
53	53	administering those chapters. The rules may provide that the amount
54	54	of a fee charged to a license holder is based on the volume of the
55	55	license holder's regulated business and other key factors. The
56	56	commissioner may provide for collection of a single [annual] fee
57	57	for the term of the license from a person licensed under Subchapter
58	58	G of Chapter 393 or Chapter 342, 347, 348, 351, or 371. The fee must
59	59	[to] include amounts due for both licensing and examination.
60	60	SECTION 4. Subchapter C, Chapter 14, Finance Code, is
61	61	amended by adding Sections 14.110, 14.111, and 14.112 to read as
62	62	follows:
63	63	Sec. 14.110. ALTERNATIVE RULEMAKING AND DISPUTE
64	64	RESOLUTION. (a) The finance commission by rule shall develop a
65	65	policy to encourage the use of:
66	66	(1) negotiated rulemaking procedures under Chapter
67	67	2008, Government Code, for the adoption of rules by the finance
68	68	commission applicable to the office; and
69	69	(2) appropriate alternative dispute resolution
70	70	procedures under Chapter 2009, Government Code, to assist in the
71	71	resolution of internal and external disputes under the office's
72	72	jurisdiction.
73	73	(b) The procedures applicable to the office relating to
74	74	alternative dispute resolution must conform, to the extent
75	75	possible, to any model guidelines issued by the State Office of
76	76	Administrative Hearings for the use of alternative dispute
77	77	resolution by state agencies.
78	78	(c) The office shall:
79	79	(1) coordinate the implementation of the policy
80	80	adopted under Subsection (a);
81	81	(2) provide training as needed to implement the
82	82	procedures for negotiated rulemaking or alternative dispute
83	83	resolution; and
84	84	(3) collect data concerning the effectiveness of those
85	85	procedures.
86	86	Sec. 14.111. ADVISORY COMMITTEES. (a) The commissioner may
87	87	appoint advisory committees to assist the office and commissioner
88	88	in performing their duties.
89	89	(b) The commissioner shall specify each committee's
90	90	purpose, powers, and duties and shall require each committee to
91	91	report to the commissioner or office in the manner specified by the
92	92	commissioner concerning the committee's activities and the results
93	93	of its work.
94	94	Sec. 14.112. LICENSING AND REGISTRATION TERMS. (a) The
95	95	finance commission by rule shall prescribe the licensing or
96	96	registration period for licenses and registrations issued under
97	97	Chapters 342, 345, 347, 348, 351, 352, 353, 371, 393, and 394 of
98	98	this code and Chapter 1956, Occupations Code, not to exceed two
99	99	years.
100	100	(b) In adopting rules under Subsection (a), the finance
101	101	commission shall set terms for licenses that comply with Chapter
102	102	180 and the federal Secure and Fair Enforcement for Mortgage
103	103	Licensing Act of 2008 (Pub. L. No. 110-289).
104	104	(c) If the finance commission prescribes the term of a
105	105	license or registration under Subsection (a) for a period other
106	106	than one year, the commissioner shall prorate the applicable fee
107	107	required under a chapter specified in Subsection (a) as necessary
108	108	to reflect the term of the license or registration.
109	109	SECTION 5. Section 14.201, Finance Code, is amended to read
110	110	as follows:
111	111	Sec. 14.201. INVESTIGATION AND ENFORCEMENT AUTHORITY.
112	112	Investigative and enforcement authority under this subchapter
113	113	applies only to:
114	114	(1) this chapter;
115	115	(2) [,] Subtitles B and C, [of] Title 4;
116	116	(3) [,] Chapter 393 with respect to a credit access
117	117	business;
118	118	(4) [, and] Chapter 394; and
119	119	(5) Subchapter B, Chapter 1956, Occupations Code.
120	120	SECTION 6. Section 14.2015, Finance Code, is amended to
121	121	read as follows:
122	122	Sec. 14.2015. CONFIDENTIALITY OF CERTAIN INFORMATION. (a)
123	123	Except as provided by Subsection (b), information or material
124	124	obtained or compiled by the commissioner in relation to an
125	125	examination or investigation by the commissioner or the
126	126	commissioner's representative of a license holder, registrant,
127	127	applicant, or other person under Subtitle B or C, Title 4,
128	128	Subchapter G of Chapter 393, or Chapter 394 of this code or
129	129	Subchapter B, Chapter 1956, Occupations Code, is confidential and
130	130	may not be disclosed by the commissioner or an officer or employee
131	131	of the office [Office of Consumer Credit Commissioner], including:
132	132	(1) information obtained from a license holder,
133	133	registrant, applicant, or other person examined or investigated
134	134	under Subtitle B or C, Title 4, Subchapter G of Chapter 393, or
135	135	Chapter 394 of this code or Subchapter B, Chapter 1956, Occupations
136	136	Code;
137	137	(2) work performed by the commissioner or the
138	138	commissioner's representative on information obtained from a
139	139	license holder, registrant, applicant, or other person for the
140	140	purposes of an examination or investigation conducted under
141	141	Subtitle B or C, Title 4, Chapter 393 with respect to a credit
142	142	access business, or Chapter 394 of this code or Subchapter B,
143	143	Chapter 1956, Occupations Code;
144	144	(3) a report on an examination or investigation of a
145	145	license holder, registrant, applicant, or other person conducted
146	146	under Subtitle B or C, Title 4, Chapter 393 with respect to a credit
147	147	access business, or Chapter 394 of this code or Subchapter B,
148	148	Chapter 1956, Occupations Code; and
149	149	(4) any written communications between the license
150	150	holder, registrant, applicant, or other person, as applicable, and
151	151	the commissioner or the commissioner's representative relating to
152	152	or referencing an examination or investigation conducted under
153	153	Subtitle B or C, Title 4, Chapter 393 with respect to a credit
154	154	access business, or Chapter 394 of this code or Subchapter B,
155	155	Chapter 1956, Occupations Code.
156	156	(b) The commissioner or the commissioner's representative
157	157	may disclose the confidential information or material described by
158	158	Subsection (a):
159	159	(1) to a department, agency, or instrumentality of
160	160	this state or the United States if the commissioner considers
161	161	disclosure to be necessary or proper to the enforcement of the laws
162	162	of this state or the United States and in the best interest of the
163	163	public;
164	164	(2) if the license holder, registrant, applicant, or
165	165	other person consents to the release of the information or has
166	166	published the information contained in the release; [or]
167	167	(3) if the commissioner determines that release of the
168	168	information is required for an administrative hearing; or
169	169	(4) to provide a summary of investigation information
170	170	to the person who filed the complaint with the office.
171	171	SECTION 7. Section 14.202, Finance Code, is amended to read
172	172	as follows:
173	173	Sec. 14.202. REQUEST FOR INFORMATION; INVESTIGATION
174	174	AUTHORITY [FAILURE TO COMPLY]. [(a)] On receipt of a written
175	175	complaint or other reasonable cause to believe that a person is
176	176	violating a statute listed by Section 14.201, the commissioner may:
177	177	(1) require the person to furnish information
178	178	regarding a specific loan, retail transaction, or business practice
179	179	to which the violation relates; and[.]
180	180	(2) [(b) If a person fails to furnish the information
181	181	requested by the commissioner, the commissioner may] conduct an
182	182	investigation to determine whether a violation exists.
183	183	SECTION 8. Section 14.208(a), Finance Code, is amended to
184	184	read as follows:
185	185	(a) If the commissioner has reasonable cause to believe that
186	186	a person is violating a statute to which this chapter applies, the
187	187	commissioner, in addition to any other authorized action, may issue
188	188	an order to cease and desist from the violation or an order to take
189	189	affirmative action, or both, to enforce compliance. After the
190	190	opportunity for a hearing under Chapter 2001, Government Code, a
191	191	[A] person may appeal the order [to the finance commission as
192	192	provided by Subsection (d) or directly] to district court in
193	193	accordance with that chapter [Chapter 2001, Government Code].
194	194	SECTION 9. Section 14.251, Finance Code, is amended to read
195	195	as follows:
196	196	Sec. 14.251. ASSESSMENT OF PENALTY; RESTITUTION ORDER. (a)
197	197	The commissioner may assess an administrative penalty against a
198	198	person who [knowingly and wilfully] violates or causes a violation
199	199	of this chapter, Chapter 394, or Subtitle B, Title 4, or a rule
200	200	adopted under this chapter, Chapter 394, or Subtitle B, Title 4.
201	201	(a-1) The commissioner shall assess an administrative
202	202	penalty against a credit access business who [knowingly and
203	203	wilfully] violates or causes a violation of Chapter 393, or a rule
204	204	adopted under Chapter 393.
205	205	(b) The commissioner may order the following businesses or
206	206	other persons [a person who violates or causes a violation of this
207	207	chapter, Chapter 394, or Subtitle B, Title 4, or a rule adopted
208	208	under this chapter, Chapter 394, or Subtitle B, Title 4, or a credit
209	209	access business who violates or causes a violation of Chapter 393 or
210	210	a rule adopted under Chapter 393,] to pay [make] restitution to an
211	211	identifiable person:
212	212	(1) a person who violates or causes a violation of this
213	213	chapter, Chapter 394, or Subtitle B, Title 4, or a rule adopted
214	214	under this chapter, Chapter 394, or Subtitle B, Title 4;
215	215	(2) a credit access business who violates or causes a
216	216	violation of Chapter 393 or a rule adopted under Chapter 393; or
217	217	(3) a person who violates or causes a violation of
218	218	Subchapter B, Chapter 1956, Occupations Code, or a rule adopted
219	219	under that subchapter [injured by the violation].
220	220	SECTION 10. Section 342.0515(c), Finance Code, is amended
221	221	to read as follows:
222	222	(c) Subject to Section 14.112, the [The] finance commission
223	223	shall adopt rules establishing procedures for issuing, renewing,
224	224	and enforcing an individual license under this section. In adopting
225	225	rules under this subsection, the finance commission shall ensure
226	226	that:
227	227	(1) the minimum eligibility requirements for issuance
228	228	of an individual license are the same as the requirements of Section
229	229	180.055;
230	230	(2) the minimum eligibility requirements for renewal
231	231	of an individual license are the same as the requirements of Section
232	232	180.059; and
233	233	(3) the applicant pays:
234	234	(A) an investigation fee in a reasonable amount
235	235	determined by the commissioner; and
236	236	(B) a [an annual] license fee in an amount
237	237	determined as provided by Section 14.107.
238	238	SECTION 11. Section 342.101(c), Finance Code, is amended to
239	239	read as follows:
240	240	(c) On the filing of each license application, the applicant
241	241	shall pay to the commissioner [for the license's year of issuance] a
242	242	license fee in an amount determined as provided by Section 14.107.
243	243	SECTION 12. Section 342.102(c), Finance Code, is amended to
244	244	read as follows:
245	245	(c) The bond must be conditioned on:
246	246	(1) the license holder's faithful performance under
247	247	this chapter and rules adopted under this chapter; and
248	248	(2) the payment of all amounts that become due to the
249	249	state or another person under this chapter during the period
250	250	[calendar year] for which the bond is given.
251	251	SECTION 13. Subchapter C, Chapter 342, Finance Code, is
252	252	amended by adding Section 342.106 to read as follows:
253	253	Sec. 342.106. LICENSE TERM. A license issued under this
254	254	chapter is valid for the period prescribed by finance commission
255	255	rule adopted under Section 14.112.
256	256	SECTION 14. Section 342.154, Finance Code, is amended to
257	257	read as follows:
258	258	Sec. 342.154. [ANNUAL] LICENSE FEE. Not later than 30 days
259	259	before the date the license expires [December 1], a license holder
260	260	shall pay to the commissioner for each license held a [an annual]
261	261	fee [for the year beginning the next January 1,] in an amount
262	262	determined as provided by Section 14.107.
263	263	SECTION 15. Section 342.155, Finance Code, is amended to
264	264	read as follows:
265	265	Sec. 342.155. EXPIRATION OF LICENSE ON FAILURE TO PAY
266	266	[ANNUAL] FEE. If the [annual] fee for a license is not paid before
267	267	the 16th day after the date on which the written notice of
268	268	delinquency of payment has been given to the license holder, the
269	269	license expires on [the later of:
270	270	[(1)] that day[; or
271	271	[(2) December 31 of the last year for which an annual
272	272	fee was paid].
273	273	SECTION 16. Subchapter D, Chapter 342, Finance Code, is
274	274	amended by adding Section 342.1555 to read as follows:
275	275	Sec. 342.1555. GROUNDS FOR REFUSING RENEWAL. The
276	276	commissioner may refuse to renew the license of a person who fails
277	277	to comply with an order issued by the commissioner to enforce this
278	278	chapter.
279	279	SECTION 17. Section 342.156, Finance Code, is amended to
280	280	read as follows:
281	281	Sec. 342.156. LICENSE SUSPENSION OR REVOCATION. After
282	282	notice and opportunity for a hearing, the commissioner may suspend
283	283	or revoke a license if the commissioner finds that:
284	284	(1) the license holder failed to pay the [annual]
285	285	license fee, an examination fee, an investigation fee, or another
286	286	charge imposed by the commissioner under this chapter;
287	287	(2) the license holder, knowingly or without the
288	288	exercise of due care, violated this chapter or a rule adopted or
289	289	order issued under this chapter;
290	290	(3) a fact or condition exists that, if it had existed
291	291	or had been known to exist at the time of the original application
292	292	for the license, clearly would have justified the commissioner's
293	293	denial of the application; or
294	294	(4) the license holder has failed to ensure that an
295	295	individual acting as a residential mortgage loan originator, as
296	296	defined by Section 180.002, in the making, transacting, or
297	297	negotiating of a loan subject to this chapter is licensed under this
298	298	chapter in accordance with Section 342.0515.
299	299	SECTION 18. Section 345.351, Finance Code, is amended to
300	300	read as follows:
301	301	Sec. 345.351. REGISTRATION OF HOLDER. (a) A holder who is
302	302	not an authorized lender under Chapter 342 or a credit union shall:
303	303	(1) register with the Office of Consumer Credit
304	304	Commissioner; and
305	305	(2) pay a [an annual] fee of $10 for each location at
306	306	which a retail installment transaction is originated, serviced, or
307	307	collected.
308	308	(b) Subject to Section 14.112, the [The] finance commission
309	309	by rule may establish procedures to facilitate the registration and
310	310	collection of fees under this section[, including rules staggering
311	311	throughout the year the dates on which fees are due].
312	312	(c) A registration issued under this section is valid for
313	313	the period prescribed by finance commission rule adopted under
314	314	Section 14.112.
315	315	(d) The commissioner may refuse to renew the registration of
316	316	a holder who fails to comply with an order issued by the
317	317	commissioner to enforce this chapter.
318	318	SECTION 19. Section 347.451, Finance Code, is amended by
319	319	amending Subsections (a), (b), and (d) and adding Subsections (a-1)
320	320	and (e) to read as follows:
321	321	(a) A creditor who is not an authorized lender under Chapter
322	322	342 or a credit union shall:
323	323	(1) register with the Office of Consumer Credit
324	324	Commissioner; and
325	325	(2) pay a [an annual] fee of $15 for each location at
326	326	which a credit transaction is originated, serviced, or collected.
327	327	(a-1) A registration issued under this section is valid for
328	328	the period prescribed by finance commission rule adopted under
329	329	Section 14.112.
330	330	(b) Subject to Section 14.112, the [The] finance commission
331	331	by rule may establish procedures to facilitate the registration and
332	332	collection of fees under this section[, including rules staggering
333	333	the due dates of the fees throughout the year].
334	334	(d) A creditor shall file the registration renewal and pay
335	335	the [annual] registration fee to the commissioner not later than
336	336	the 30th day after the date on which the creditor receives the
337	337	notice under Subsection (c).
338	338	(e) The commissioner may refuse to renew the registration of
339	339	a creditor who fails to comply with an order issued by the
340	340	commissioner to enforce this chapter.
341	341	SECTION 20. Section 347.4515, Finance Code, is amended by
342	342	adding Subsections (a-1) and (e) and amending Subsection (c) to
343	343	read as follows:
344	344	(a-1) A license issued under this section is valid for the
345	345	period prescribed by finance commission rule adopted under Section
346	346	14.112.
347	347	(c) Subject to Section 14.112, the [The] finance commission
348	348	shall adopt rules establishing procedures for issuing, renewing,
349	349	and enforcing an individual license under this section. In adopting
350	350	rules under this subsection, the finance commission shall ensure
351	351	that:
352	352	(1) the minimum eligibility requirements for issuance
353	353	of an individual license are the same as the requirements of Section
354	354	180.055;
355	355	(2) the minimum eligibility requirements for renewal
356	356	of an individual license are the same as the requirements of Section
357	357	180.059; and
358	358	(3) the applicant pays:
359	359	(A) an investigation fee in a reasonable amount
360	360	determined by the commissioner; and
361	361	(B) a [an annual] license fee in an amount
362	362	determined as provided by Section 14.107.
363	363	(e) The commissioner may refuse to renew the license of an
364	364	individual described by Subsection (b) who fails to comply with an
365	365	order issued by the commissioner to enforce this chapter.
366	366	SECTION 21. Section 348.5015(c), Finance Code, is amended
367	367	to read as follows:
368	368	(c) Subject to Section 14.112, the [The] finance commission
369	369	shall adopt rules establishing procedures for applying for issuing,
370	370	renewing, and enforcing a license under this section. In adopting
371	371	rules under this subsection, the finance commission shall ensure
372	372	that:
373	373	(1) the minimum eligibility requirements for issuance
374	374	of a license are the same as the requirements of Section 180.055;
375	375	(2) the minimum eligibility requirements for renewal
376	376	of a license are the same as the requirements of Section 180.059;
377	377	and
378	378	(3) the applicant pays:
379	379	(A) an investigation fee in a reasonable amount
380	380	determined by the commissioner; and
381	381	(B) a [an annual] license fee in an amount
382	382	determined as provided by Section 14.107.
383	383	SECTION 22. Section 348.502(b), Finance Code, is amended to
384	384	read as follows:
385	385	(b) On the filing of a license application, the applicant
386	386	shall pay to the commissioner:
387	387	(1) an investigation fee not to exceed $200; and
388	388	(2) [for the license's year of issuance,] a license fee
389	389	in an amount determined as provided by Section 14.107.
390	390	SECTION 23. Subchapter F, Chapter 348, Finance Code, is
391	391	amended by adding Section 348.5055 to read as follows:
392	392	Sec. 348.5055. LICENSE TERM. A license issued under this
393	393	chapter is valid for the period prescribed by finance commission
394	394	rule adopted under Section 14.112.
395	395	SECTION 24. Section 348.506, Finance Code, is amended to
396	396	read as follows:
397	397	Sec. 348.506. [ANNUAL] LICENSE FEE. Not later than the 30th
398	398	day before the date the license expires [December 1], a license
399	399	holder shall pay to the commissioner for each license held a [an
400	400	annual] fee [for the year beginning the next January 1,] in an
401	401	amount determined as provided by Section 14.107.
402	402	SECTION 25. Subchapter F, Chapter 348, Finance Code, is
403	403	amended by adding Section 348.5065 to read as follows:
404	404	Sec. 348.5065. GROUNDS FOR REFUSAL TO RENEW. The
405	405	commissioner may refuse to renew the license of a person who fails
406	406	to comply with an order issued by the commissioner to enforce this
407	407	chapter.
408	408	SECTION 26. Section 348.507, Finance Code, is amended to
409	409	read as follows:
410	410	Sec. 348.507. EXPIRATION OF LICENSE ON FAILURE TO PAY
411	411	[ANNUAL] FEE. If the [annual] fee for a license is not paid before
412	412	the 16th day after the date on which the written notice of
413	413	delinquency of payment has been given to the license holder, the
414	414	license expires on [the later of:
415	415	[(1)] that day[; or
416	416	[(2) December 31 of the last year for which an annual
417	417	fee was paid].
418	418	SECTION 27. Section 348.508, Finance Code, is amended to
419	419	read as follows:
420	420	Sec. 348.508. LICENSE SUSPENSION OR REVOCATION. After
421	421	notice and opportunity for a hearing, the commissioner may suspend
422	422	or revoke a license if the commissioner finds that:
423	423	(1) the license holder failed to pay the [annual]
424	424	license fee, an examination fee, an investigation fee, or another
425	425	charge imposed by the commissioner;
426	426	(2) the license holder, knowingly or without the
427	427	exercise of due care, violated this chapter or a rule adopted or
428	428	order issued under this chapter; or
429	429	(3) a fact or condition exists that, if it had existed
430	430	or had been known to exist at the time of the original application
431	431	for the license, clearly would have justified the commissioner's
432	432	denial of the application.
433	433	SECTION 28. Section 349.301, Finance Code, is amended to
434	434	read as follows:
435	435	Sec. 349.301. PAYMENT OF FEES. A person who registers or
436	436	obtains or renews a license under this title after the date on which
437	437	the person was required to register or to obtain or renew the
438	438	license may limit the person's liability as provided by this
439	439	subchapter by paying to the commissioner:
440	440	(1) all prior registration or license fees that the
441	441	person should have paid under this title [for prior years]; and
442	442	(2) except as provided by Section 349.302(a), a late
443	443	filing fee as provided by this subchapter.
444	444	SECTION 29. Section 351.006(b), Finance Code, is amended to
445	445	read as follows:
446	446	(b) The [Notwithstanding Section 14.251, the] commissioner
447	447	may assess an administrative penalty under Subchapter F, Chapter
448	448	14, against a person who violates Section 32.06(b-1), Tax Code,
449	449	regardless of whether the violation is knowing or wilful.
450	450	SECTION 30. Section 351.0515(c), Finance Code, is amended
451	451	to read as follows:
452	452	(c) Subject to Section 14.112, the [The] finance commission
453	453	shall adopt rules establishing procedures for issuing, renewing,
454	454	and enforcing an individual license under this section. In adopting
455	455	rules under this subsection, the finance commission shall ensure
456	456	that:
457	457	(1) the minimum eligibility requirements for issuance
458	458	of an individual license are the same as the requirements of Section
459	459	180.055;
460	460	(2) the minimum eligibility requirements for renewal
461	461	of an individual license are the same as the requirements of Section
462	462	180.059; and
463	463	(3) the applicant pays:
464	464	(A) an investigation fee in a reasonable amount
465	465	determined by the commissioner; and
466	466	(B) a [an annual] license fee in an amount
467	467	determined as provided by Section 14.107.
468	468	SECTION 31. Section 351.101(c), Finance Code, is amended to
469	469	read as follows:
470	470	(c) On the filing of each license application, the applicant
471	471	shall pay to the commissioner [for the license's year of issuance] a
472	472	license fee in an amount determined as provided by Section 14.107.
473	473	SECTION 32. Section 351.102(c), Finance Code, is amended to
474	474	read as follows:
475	475	(c) The bond must be conditioned on:
476	476	(1) the license holder's faithful performance under
477	477	this chapter and rules adopted under this chapter; and
478	478	(2) the payment of all amounts that become due to the
479	479	state or another person under this chapter during the period
480	480	[calendar year] for which the bond is given.
481	481	SECTION 33. Subchapter C, Chapter 351, Finance Code, is
482	482	amended by adding Section 351.106 to read as follows:
483	483	Sec. 351.106. LICENSE TERM. A license issued under this
484	484	chapter is valid for the period prescribed by finance commission
485	485	rule adopted under Section 14.112.
486	486	SECTION 34. Subchapter D, Chapter 351, Finance Code, is
487	487	amended by adding Section 351.1535 to read as follows:
488	488	Sec. 351.1535. GROUNDS FOR REFUSAL TO RENEW. The
489	489	commissioner may refuse to renew the license of a person who fails
490	490	to comply with an order issued by the commissioner to enforce this
491	491	chapter.
492	492	SECTION 35. Section 351.154, Finance Code, is amended to
493	493	read as follows:
494	494	Sec. 351.154. [ANNUAL] LICENSE FEE. Not later than the 30th
495	495	day before the date the license expires [December 1], a license
496	496	holder shall pay to the commissioner for each license held a [an
497	497	annual] fee [for the year beginning the next January 1,] in an
498	498	amount determined as provided by Section 14.107.
499	499	SECTION 36. Section 351.155, Finance Code, is amended to
500	500	read as follows:
501	501	Sec. 351.155. EXPIRATION OF LICENSE ON FAILURE TO PAY
502	502	[ANNUAL] FEE. If the [annual] fee for a license is not paid before
503	503	the 16th day after the date on which the written notice of
504	504	delinquency of payment has been given to the license holder, the
505	505	license expires on [the later of:
506	506	[(1)] that day[; or
507	507	[(2) December 31 of the last year for which an annual
508	508	fee was paid].
509	509	SECTION 37. Section 351.156, Finance Code, is amended to
510	510	read as follows:
511	511	Sec. 351.156. LICENSE SUSPENSION OR REVOCATION. After
512	512	notice and opportunity for a hearing, the commissioner may suspend
513	513	or revoke a license if the commissioner finds that:
514	514	(1) the license holder failed to pay the [annual]
515	515	license fee, an examination fee, an investigation fee, or another
516	516	charge imposed by the commissioner under this chapter;
517	517	(2) the license holder, knowingly or without the
518	518	exercise of due care, violated this chapter or Section 32.06 or
519	519	32.065, Tax Code, or a rule adopted or an order issued under this
520	520	chapter or Section 32.06 or 32.065, Tax Code;
521	521	(3) a fact or condition exists that, if it had existed
522	522	or had been known to exist at the time of the original application
523	523	for the license, clearly would have justified the commissioner's
524	524	denial of the application; or
525	525	(4) the license holder has failed to ensure that an
526	526	individual acting as a residential mortgage loan originator, as
527	527	defined by Section 180.002, in the making, transacting, or
528	528	negotiating of a property tax loan for a principal dwelling is
529	529	licensed under this chapter in accordance with Section 351.0515.
530	530	SECTION 38. Section 352.003, Finance Code, is amended by
531	531	amending Subsections (a) and (c) and adding Subsections (a-1),
532	532	(c-1), and (f) to read as follows:
533	533	(a) To register as a facilitator, a person must provide to
534	534	the commissioner[, on or before December 31 preceding each calendar
535	535	year in which the person seeks to act as a facilitator]:
536	536	(1) a list of each location in this state at which
537	537	e-file providers authorized by the Internal Revenue Service file
538	538	tax returns on behalf of borrowers for whom the facilitator acts to
539	539	allow the making of a refund anticipation loan; and
540	540	(2) a processing fee for each location included on the
541	541	list furnished under Subdivision (1).
542	542	(a-1) A registration issued under this section is valid for
543	543	the period prescribed by finance commission rule adopted under
544	544	Section 14.112.
545	545	(c) The finance commission by rule shall establish a
546	546	deadline for the submission of the information and fee required by
547	547	Subsection (a) for initial issuance and renewal of registrations
548	548	under this section.
549	549	(c-1) After the applicable [December 31] deadline for
550	550	initial or renewal registrations, a facilitator may amend the
551	551	registration required under Subsection (a) to reflect any change in
552	552	the information provided by the registration.
553	553	(f) The commissioner may refuse to renew the registration of
554	554	a person who fails to comply with an order issued by the
555	555	commissioner to enforce this chapter.
556	556	SECTION 39. Section 352.007, Finance Code, is amended to
557	557	read as follows:
558	558	Sec. 352.007. ADMINISTRATIVE PENALTY. The commissioner may
559	559	assess an administrative penalty of $500 against a person for each
560	560	[knowing and wilful] violation of this chapter.
561	561	SECTION 40. Section 353.502(b), Finance Code, is amended to
562	562	read as follows:
563	563	(b) On the filing of a license application, the applicant
564	564	shall pay to the commissioner:
565	565	(1) an investigation fee not to exceed $200; and
566	566	(2) [for the license's year of issuance,] a license fee
567	567	in an amount determined as provided by Section 14.107.
568	568	SECTION 41. Subchapter F, Chapter 353, Finance Code, is
569	569	amended by adding Section 353.5055 to read as follows:
570	570	Sec. 353.5055. LICENSE TERM. A license issued under this
571	571	chapter is valid for the period prescribed by finance commission
572	572	rule adopted under Section 14.112.
573	573	SECTION 42. Section 353.506, Finance Code, is amended to
574	574	read as follows:
575	575	Sec. 353.506. [ANNUAL] LICENSE FEE. Not later than the 30th
576	576	day before the date the license expires [December 1], a license
577	577	holder shall pay to the commissioner for each license held a [an
578	578	annual] fee [for the year beginning the next January 1,] in an
579	579	amount determined as provided by Section 14.107.
580	580	SECTION 43. Subchapter F, Chapter 353, Finance Code, is
581	581	amended by adding Section 353.5065 to read as follows:
582	582	Sec. 353.5065. GROUNDS FOR REFUSAL OF RENEWAL. The
583	583	commissioner may refuse to renew the license of a person who fails
584	584	to comply with an order issued by the commissioner to enforce this
585	585	chapter.
586	586	SECTION 44. Section 353.507, Finance Code, is amended to
587	587	read as follows:
588	588	Sec. 353.507. EXPIRATION OF LICENSE ON FAILURE TO PAY
589	589	[ANNUAL] FEE. If the [annual] fee for a license is not paid before
590	590	the 16th day after the date on which the written notice of
591	591	delinquency of payment has been given to the license holder, the
592	592	license expires on [the later of:
593	593	[(1)] that day[; or
594	594	[(2) December 31 of the last year for which an annual
595	595	fee was paid].
596	596	SECTION 45. Section 353.508, Finance Code, is amended to
597	597	read as follows:
598	598	Sec. 353.508. LICENSE SUSPENSION OR REVOCATION. After
599	599	notice and opportunity for a hearing, the commissioner may suspend
600	600	or revoke a license if the commissioner finds that:
601	601	(1) the license holder failed to pay the [annual]
602	602	license fee, an investigation fee, or another charge imposed by the
603	603	commissioner;
604	604	(2) the license holder, knowingly or without the
605	605	exercise of due care, violated this chapter or a rule adopted or
606	606	order issued under this chapter; or
607	607	(3) a fact or condition exists that, if it had existed
608	608	or had been known to exist at the time of the original application
609	609	for the license, clearly would have justified the commissioner's
610	610	denial of the application.
611	611	SECTION 46. Section 354.005(d), Finance Code, is amended to
612	612	read as follows:
613	613	(d) The commissioner may deny approval of a form only if the
614	614	form excludes the language required by Sections 354.003 and 354.004
615	615	or contains any inconsistent or misleading provisions. All form
616	616	denials, after an opportunity for a hearing under Chapter 2001,
617	617	Government Code, may be appealed to a district court in accordance
618	618	with that chapter [the finance commission].
619	619	SECTION 47. Section 371.002, Finance Code, is amended to
620	620	read as follows:
621	621	Sec. 371.002. PURPOSES. The purposes of this chapter are
622	622	to:
623	623	(1) prevent fraud, unfair practices, discrimination,
624	624	imposition, and abuse of state residents;
625	625	(2) exercise the state's police power to ensure a sound
626	626	system of making pawn loans and transfers of personal property by
627	627	and through pawnshops;
628	628	(3) prevent transactions in stolen property and other
629	629	unlawful property transactions by licensing and regulating
630	630	pawnbrokers [and pawnshop employees];
631	631	(4) provide for licensing and investigation fees;
632	632	(5) provide minimum capital requirements for
633	633	pawnbrokers;
634	634	(6) ensure financial responsibility to the state and
635	635	its residents and compliance with federal, state, and local law,
636	636	including rules and ordinances; and
637	637	(7) assist local governments in the exercise of their
638	638	police power.
639	639	SECTION 48. Section 371.052(a), Finance Code, is amended to
640	640	read as follows:
641	641	(a) To be eligible for a pawnshop license, an applicant
642	642	must:
643	643	(1) [be of good moral character;
644	644	[(2)] meet the net assets requirement of Section
645	645	371.072; and
646	646	(2) [(3)] show that:
647	647	(A) the pawnshop will be operated lawfully and
648	648	fairly under this chapter; and
649	649	(B) the applicant or the applicant's owners and
650	650	managers have the financial responsibility, experience, character,
651	651	and general fitness to command the confidence of the public in the
652	652	pawnshop's operations.
653	653	SECTION 49. Section 371.055, Finance Code, is amended to
654	654	read as follows:
655	655	Sec. 371.055. FEES; PROOF OF INSURANCE. An applicant must
656	656	submit with the application:
657	657	(1) an investigation fee of:
658	658	(A) $500 if the applicant does not hold a
659	659	license; or
660	660	(B) $250 if the application:
661	661	(i) is for an additional license for a
662	662	separate location; or
663	663	(ii) involves substantially identical
664	664	principals and owners of a licensed pawnshop at a separate
665	665	location;
666	666	(2) a [an annual] fee in an amount determined as
667	667	provided by Section 14.107; and
668	668	(3) proof of general liability and fire insurance in a
669	669	reasonable amount and form required by the commissioner.
670	670	SECTION 50. Section 371.062, Finance Code, is amended to
671	671	read as follows:
672	672	Sec. 371.062. DISPOSITION OF FEES ON DENIAL OF APPLICATION.
673	673	If the commissioner denies the application, the commissioner shall
674	674	retain the investigation fee and shall return to the applicant the
675	675	[annual] license fee submitted with the application.
676	676	SECTION 51. Subchapter B, Chapter 371, Finance Code, is
677	677	amended by adding Section 371.0625 to read as follows:
678	678	Sec. 371.0625. LICENSE TERM. A license issued under this
679	679	chapter is valid for the period prescribed by finance commission
680	680	rule adopted under Section 14.112.
681	681	SECTION 52. Section 371.064, Finance Code, is amended to
682	682	read as follows:
683	683	Sec. 371.064. [ANNUAL] LICENSE FEE; EXPIRATION. (a) Not
684	684	later than the 30th day before the date the license expires
685	685	[December 1], a pawnbroker shall pay to the commissioner for each
686	686	license held a [an annual] fee in an amount determined as provided
687	687	by Section 14.107 [for the year beginning the next January 1].
688	688	(b) If the [annual] fee for a license is not paid before the
689	689	16th day after the date on which written notice of delinquency of
690	690	payment has been given to the pawnbroker by the commissioner, the
691	691	license expires on [the later of:
692	692	[(1)] that day[; or
693	693	[(2) December 31 of the last year for which an annual
694	694	fee was paid].
695	695	SECTION 53. Subchapter B, Chapter 371, Finance Code, is
696	696	amended by adding Section 371.0645 to read as follows:
697	697	Sec. 371.0645. GROUNDS FOR REFUSAL TO RENEW. The
698	698	commissioner may refuse to renew the license of a person who fails
699	699	to comply with an order issued by the commissioner to enforce this
700	700	chapter.
701	701	SECTION 54. Subchapter B, Chapter 371, Finance Code, is
702	702	amended by adding Section 371.074 to read as follows:
703	703	Sec. 371.074. PAWNBROKER RESPONSIBLE FOR EMPLOYEES AND
704	704	AGENTS. A license holder under this subchapter is responsible for
705	705	all acts of the license holder's officers, directors, employees,
706	706	and agents acting on behalf of the pawnshop.
707	707	SECTION 55. Section 371.251(a), Finance Code, is amended to
708	708	read as follows:
709	709	(a) After notice and opportunity for a hearing, the
710	710	commissioner may revoke or suspend a pawnshop license if the
711	711	commissioner finds that:
712	712	(1) the pawnbroker has not paid a fee or charge imposed
713	713	by the commissioner under this chapter;
714	714	(2) the pawnbroker, knowingly or without exercising
715	715	due care to prevent the violation, has violated this chapter or a
716	716	rule adopted or an order issued under this chapter;
717	717	(3) a fact or condition exists that, if it had existed
718	718	or had been known to exist at the time of the original license
719	719	application, clearly would have justified refusal to issue the
720	720	license;
721	721	(4) the pawnbroker has established an association with
722	722	an unlicensed person who, with the knowledge of the pawnbroker, has
723	723	violated this chapter;
724	724	(5) the pawnbroker has aided or conspired with a
725	725	person to circumvent this chapter;
726	726	(6) the pawnbroker or a legal or beneficial owner of
727	727	the pawnbroker [is not of good moral character or] has been
728	728	convicted of a crime that the commissioner finds directly relates
729	729	to the duties and responsibilities of the occupation of pawnbroker
730	730	or would otherwise make the person unfit for a pawnshop license
731	731	under Section 371.052;
732	732	(7) the financial responsibility, experience,
733	733	character, or general fitness of the pawnbroker or its owners and
734	734	managers do not command the confidence of the public or warrant the
735	735	belief that the business will be operated lawfully, fairly, and
736	736	within the purposes of this chapter; or
737	737	(8) the pawnbroker has not maintained the minimum net
738	738	assets required by Section 371.072.
739	739	SECTION 56. Section 371.257(a), Finance Code, is amended to
740	740	read as follows:
741	741	(a) The holder of a pawnshop license [or a pawnshop employee
742	742	license] may surrender the license by delivering it to the
743	743	commissioner with written notice of surrender.
744	744	SECTION 57. Section 371.258, Finance Code, is amended to
745	745	read as follows:
746	746	Sec. 371.258. REINSTATEMENT OF LICENSE. (a) This section
747	747	applies to a pawnshop license [or a pawnshop employee license].
748	748	(b) The commissioner may reinstate a suspended pawnshop
749	749	license [or pawnshop employee license] or issue a new license to the
750	750	person whose license or licenses have been revoked if no fact or
751	751	condition exists that clearly would have justified refusal to issue
752	752	the license originally.
753	753	(c) The commissioner shall reinstate an expired pawnbroker
754	754	license if, not later than the 180th day after the date on which the
755	755	license expired, the pawnbroker pays the commissioner the
756	756	delinquent $125 [annual] fee plus a reinstatement fee of $1,000.
757	757	After a pawnbroker's license has expired, the commissioner shall
758	758	promptly send notice of reinstatement rights to the delinquent
759	759	pawnbroker by certified mail.
760	760	SECTION 58. Section 371.259, Finance Code, is amended to
761	761	read as follows:
762	762	Sec. 371.259. CERTIFICATE OF STANDING; COPIES. The
763	763	commissioner, under the commissioner's seal and signature, shall
764	764	provide a certificate of good standing or a certified copy of a
765	765	pawnshop license [or a pawnshop employee license] to a person who
766	766	applies and pays for the certificate or copy.
767	767	SECTION 59. Section 393.224, Finance Code, is amended to
768	768	read as follows:
769	769	Sec. 393.224. ADMINISTRATIVE PENALTY. The consumer credit
770	770	commissioner, in accordance with rules adopted by the Finance
771	771	Commission of Texas, may assess an administrative penalty against a
772	772	credit access business that [knowingly and wilfully] violates this
773	773	subchapter or a rule adopted under this subchapter in the manner
774	774	provided by Subchapter F, Chapter 14.
775	775	SECTION 60. Section 393.604(c), Finance Code, is amended to
776	776	read as follows:
777	777	(c) On the filing of each license application, the applicant
778	778	shall pay to the commissioner [for the license's year of issuance] a
779	779	license fee in an amount determined as provided by Section 14.107.
780	780	SECTION 61. Section 393.605(c), Finance Code, is amended to
781	781	read as follows:
782	782	(c) The bond must be conditioned on:
783	783	(1) the license holder's faithful performance under
784	784	this subchapter and rules adopted under this subchapter; and
785	785	(2) the payment of all amounts that become due to this
786	786	state or another person under this subchapter during the period
787	787	[calendar year] for which the bond is given.
788	788	SECTION 62. Subchapter G, Chapter 393, Finance Code, is
789	789	amended by adding Sections 393.6085 and 393.6115 to read as
790	790	follows:
791	791	Sec. 393.6085. LICENSE TERM. A license issued under this
792	792	chapter is valid for the period prescribed by finance commission
793	793	rule adopted under Section 14.112.
794	794	Sec. 393.6115. GROUNDS FOR REFUSAL TO RENEW. The
795	795	commissioner may refuse to renew the license of a credit access
796	796	business who fails to comply with an order issued by the
797	797	commissioner to enforce this chapter.
798	798	SECTION 63. Section 393.612, Finance Code, is amended to
799	799	read as follows:
800	800	Sec. 393.612. [ANNUAL] LICENSE FEE. Not later than the 30th
801	801	day before the date the license expires [December 1], a license
802	802	holder shall pay to the commissioner for each license held a [an
803	803	annual] fee [for the year beginning the next January 1,] in an
804	804	amount determined as provided by Section 14.107.
805	805	SECTION 64. Section 393.613, Finance Code, is amended to
806	806	read as follows:
807	807	Sec. 393.613. EXPIRATION OF LICENSE ON FAILURE TO PAY
808	808	[ANNUAL] FEE. If the [annual] fee for a license is not paid before
809	809	the 16th day after the date on which the written notice of
810	810	delinquency of payment has been given to the license holder, the
811	811	license expires on [the later of:
812	812	[(1)] that day[; or
813	813	[(2) December 31 of the last year for which an annual
814	814	fee was paid].
815	815	SECTION 65. Section 393.614(a), Finance Code, is amended to
816	816	read as follows:
817	817	(a) After notice and opportunity for a hearing, the
818	818	commissioner may suspend or revoke a license if the commissioner
819	819	finds that:
820	820	(1) the license holder failed to pay the [annual]
821	821	license fee, an examination fee, an investigation fee, or another
822	822	charge imposed by the commissioner under this subchapter;
823	823	(2) the license holder, knowingly or without the
824	824	exercise of due care, violated this chapter or a rule adopted or
825	825	order issued under this chapter; or
826	826	(3) a fact or condition exists that, if it had existed
827	827	or had been known to exist at the time of the original application
828	828	for the license, clearly would have justified the commissioner's
829	829	denial of the application.
830	830	SECTION 66. Section 394.204, Finance Code, is amended by
831	831	amending Subsections (b), (f), (g), and (k) and adding Subsection
832	832	(j-1) to read as follows:
833	833	(b) A registration issued under this section is valid for
834	834	the period prescribed by finance commission rule adopted under
835	835	Section 14.112 [Registration expires on December 31 of the year in
836	836	which the registration occurs and must be renewed annually].
837	837	(f) Subject to Subsection (j-1), a [A] person may renew a
838	838	registration by paying the appropriate fee and completing all
839	839	required documents.
840	840	(g) Subject to Section 14.112, the [The] finance commission
841	841	by rule may establish procedures to facilitate the registration and
842	842	collection of fees under this section[, including rules staggering
843	843	throughout the year the dates on which fees are due].
844	844	(j-1) The commissioner may refuse to renew the registration
845	845	of a person who fails to comply with an order issued by the
846	846	commissioner to enforce this chapter.
847	847	(k) In addition to the power to refuse an initial
848	848	application as specified in this section, the commissioner may
849	849	suspend or revoke a provider's registration after notice and
850	850	opportunity for a hearing if the commissioner finds that any of the
851	851	following conditions are met:
852	852	(1) a fact or condition exists that, if it had existed
853	853	when the provider applied for registration, would have been grounds
854	854	for denying registration;
855	855	(2) a fact or condition exists that the commissioner
856	856	was not aware of when the provider applied for registration and
857	857	would have been grounds for denying registration;
858	858	(3) the provider violates this subchapter or rule or
859	859	order of the commissioner under this subchapter;
860	860	(4) the provider is insolvent;
861	861	(5) the provider refuses to permit the commissioner to
862	862	make an examination authorized by this subchapter;
863	863	(6) the provider fails to respond within a reasonable
864	864	time and in an appropriate manner to communications from the
865	865	commissioner;
866	866	(7) the provider has received money from or on behalf
867	867	of a consumer for disbursement to a creditor under a debt management
868	868	plan that provides for regular periodic payments to creditors in
869	869	full repayment of the principal amount of the debts and the provider
870	870	has failed to disburse money to the creditor on behalf of the
871	871	consumer within a reasonable time, normally 30 days;
872	872	(8) the commissioner determines that the provider's
873	873	trust account is not materially in balance with and reconciled to
874	874	the consumer's account; or
875	875	(9) the provider fails to warrant the belief that the
876	876	business will be operated lawfully and fairly and within the
877	877	provisions and purposes of this subchapter.
878	878	SECTION 67. Section 394.205(b), Finance Code, is amended to
879	879	read as follows:
880	880	(b) Each provider shall file a report with the commissioner
881	881	at each renewal of the provider's registration. The report must at
882	882	a minimum disclose in detail and under appropriate headings:
883	883	(1) the assets and liabilities of the provider at the
884	884	beginning and end of the period, if the provider is a nonprofit or
885	885	tax exempt organization;
886	886	(2) the total number of debt management plans the
887	887	provider has initiated on behalf of consumers in this state during
888	888	that period [year]; and
889	889	(3) records of total and average fees charged to
890	890	consumers, including all voluntary contributions received from
891	891	consumers.
892	892	SECTION 68. Section 394.214(e), Finance Code, is amended to
893	893	read as follows:
894	894	(e) The commissioner may enforce this subchapter and rules
895	895	adopted under this subchapter by:
896	896	(1) ordering the violator to cease and desist from the
897	897	violation and any similar violations;
898	898	(2) ordering the violator to take affirmative action
899	899	to correct the violation, including the restitution of money or
900	900	property to a person aggrieved by the violation;
901	901	(3) imposing an administrative penalty not to exceed
902	902	$1,000 for each violation as provided by Subchapter F, Chapter 14;
903	903	or
904	904	(4) rejecting an initial application, refusing to
905	905	renew a registration, or revoking or suspending a registration as
906	906	provided by Section 394.204.
907	907	SECTION 69. Section 1956.0612, Occupations Code, is amended
908	908	by amending Subsections (b) and (d) and adding Subsections (b-1),
909	909	(d-1), and (h) to read as follows:
910	910	(b) To register as a dealer, a person must provide to the
911	911	commissioner[, on or before December 31 preceding each calendar
912	912	year in which the person seeks to act as a dealer]:
913	913	(1) a list of each location in this state at which the
914	914	person will conduct business as a dealer; and
915	915	(2) a processing fee for each location included on the
916	916	list furnished under Subdivision (1).
917	917	(b-1) A registration issued under this section is valid for
918	918	the period prescribed by commission rule adopted under Section
919	919	14.112, Finance Code.
920	920	(d) The commission by rule shall establish a deadline for
921	921	the submission of the information and fee required by Subsection
922	922	(b) for initial issuance and renewal of registrations under this
923	923	section.
924	924	(d-1) After the applicable [December 31] deadline for
925	925	initial or renewal registrations, a dealer may amend the
926	926	registration required under Subsection (a) to reflect any change in
927	927	the information provided by the registration.
928	928	(h) The commissioner may refuse to renew the registration of
929	929	a person who fails to comply with an order issued by the
930	930	commissioner to enforce this chapter.
931	931	SECTION 70. Section 1956.0614(a), Occupations Code, is
932	932	amended to read as follows:
933	933	(a) The commissioner may revoke the registration of a dealer
934	934	if the commissioner concludes that the dealer has violated this
935	935	chapter or an order issued by the commissioner to enforce this
936	936	chapter. The commissioner shall recite the basis of the decision in
937	937	an order revoking the registration.
938	938	SECTION 71. Section 1956.0615, Occupations Code, is amended
939	939	to read as follows:
940	940	Sec. 1956.0615. ADMINISTRATIVE PENALTY. The commissioner
941	941	may assess an administrative penalty not to exceed $500 against a
942	942	person for each [knowing and wilful] violation of this chapter.
943	943	SECTION 72. The following provisions of the Finance Code
944	944	are repealed:
945	945	(1) Section 14.208(d);
946	946	(2) Section 351.0023(g);
947	947	(3) Section 371.052(b);
948	948	(4) Subchapter C, Chapter 371;
949	949	(5) Sections 371.255 and 371.256; and
950	950	(6) Sections 371.304(b), (c), and (d).
951	951	SECTION 73. Section 14.112, Finance Code, as added by this
952	952	Act, applies only to a license or registration issued or renewed on
953	953	or after September 1, 2019. A license or registration issued or
954	954	renewed before that date is governed by the law in effect
955	955	immediately before the effective date of this Act, and the former
956	956	law is continued in effect for that purpose.
957	957	SECTION 74. (a) On the effective date of this Act, a
958	958	license issued under former Section 371.104, Finance Code, expires.
959	959	(b) The repeal of a law by this Act does not entitle a person
960	960	to a refund of an application, licensing, or other fee paid by the
961	961	person before the effective date of this Act.
962	962	SECTION 75. The changes in law made by this Act do not
963	963	affect the validity of a disciplinary action or other proceeding
964	964	that was initiated before the effective date of this Act and that is
965	965	pending before a court or other governmental entity on that date.
966	966	SECTION 76. (a) A violation of a law that is repealed by
967	967	this Act is governed by the law in effect on the date the violation
968	968	was committed, and the former law is continued in effect for that
969	969	purpose.
970	970	(b) For purposes of this section, a violation was committed
971	971	before the effective date of this Act if any element of the
972	972	violation occurred before that date.
973	973	SECTION 77. This Act takes effect September 1, 2019.