Texas 2025 - 89th Regular

Texas House Bill HJR75 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 By: Toth H.J.R. No. 75
22
33
44
55
66 A JOINT RESOLUTION
77 proposing a constitutional amendment authorizing the legislature
88 to provide for exceptions to the requirement that a home equity loan
99 be closed only at the office of the lender, an attorney at law, or a
1010 title company.
1111 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Sections 50(a) and (g), Article XVI, Texas
1313 Constitution, are amended to read as follows:
1414 (a) The homestead of a family, or of a single adult person,
1515 shall be, and is hereby protected from forced sale, for the payment
1616 of all debts except for:
1717 (1) the purchase money thereof, or a part of such
1818 purchase money;
1919 (2) the taxes due thereon;
2020 (3) an owelty of partition imposed against the
2121 entirety of the property by a court order or by a written agreement
2222 of the parties to the partition, including a debt of one spouse in
2323 favor of the other spouse resulting from a division or an award of a
2424 family homestead in a divorce proceeding;
2525 (4) the refinance of a lien against a homestead,
2626 including a federal tax lien resulting from the tax debt of both
2727 spouses, if the homestead is a family homestead, or from the tax
2828 debt of the owner;
2929 (5) work and material used in constructing new
3030 improvements thereon, if contracted for in writing, or work and
3131 material used to repair or renovate existing improvements thereon
3232 if:
3333 (A) the work and material are contracted for in
3434 writing, with the consent of both spouses, in the case of a family
3535 homestead, given in the same manner as is required in making a sale
3636 and conveyance of the homestead;
3737 (B) the contract for the work and material is not
3838 executed by the owner or the owner's spouse before the fifth day
3939 after the owner makes written application for any extension of
4040 credit for the work and material, unless the work and material are
4141 necessary to complete immediate repairs to conditions on the
4242 homestead property that materially affect the health or safety of
4343 the owner or person residing in the homestead and the owner of the
4444 homestead acknowledges such in writing;
4545 (C) the contract for the work and material
4646 expressly provides that the owner may rescind the contract without
4747 penalty or charge within three days after the execution of the
4848 contract by all parties, unless the work and material are necessary
4949 to complete immediate repairs to conditions on the homestead
5050 property that materially affect the health or safety of the owner or
5151 person residing in the homestead and the owner of the homestead
5252 acknowledges such in writing; and
5353 (D) the contract for the work and material is
5454 executed by the owner and the owner's spouse only at the office of a
5555 third-party lender making an extension of credit for the work and
5656 material, an attorney at law, or a title company;
5757 (6) an extension of credit that:
5858 (A) is secured by a voluntary lien on the
5959 homestead created under a written agreement with the consent of
6060 each owner and each owner's spouse;
6161 (B) is of a principal amount that when added to
6262 the aggregate total of the outstanding principal balances of all
6363 other indebtedness secured by valid encumbrances of record against
6464 the homestead does not exceed 80 percent of the fair market value of
6565 the homestead on the date the extension of credit is made;
6666 (C) is without recourse for personal liability
6767 against each owner and the spouse of each owner, unless the owner or
6868 spouse obtained the extension of credit by actual fraud;
6969 (D) is secured by a lien that may be foreclosed
7070 upon only by a court order;
7171 (E) does not require the owner or the owner's
7272 spouse to pay, in addition to any interest or any bona fide discount
7373 points used to buy down the interest rate, any fees to any person
7474 that are necessary to originate, evaluate, maintain, record,
7575 insure, or service the extension of credit that exceed, in the
7676 aggregate, two percent of the original principal amount of the
7777 extension of credit, excluding fees for:
7878 (i) an appraisal performed by a third party
7979 appraiser;
8080 (ii) a property survey performed by a state
8181 registered or licensed surveyor;
8282 (iii) a state base premium for a mortgagee
8383 policy of title insurance with endorsements established in
8484 accordance with state law; or
8585 (iv) a title examination report if its cost
8686 is less than the state base premium for a mortgagee policy of title
8787 insurance without endorsements established in accordance with
8888 state law;
8989 (F) is not a form of open-end account that may be
9090 debited from time to time or under which credit may be extended from
9191 time to time unless the open-end account is a home equity line of
9292 credit;
9393 (G) is payable in advance without penalty or
9494 other charge;
9595 (H) is not secured by any additional real or
9696 personal property other than the homestead;
9797 (I) (repealed);
9898 (J) may not be accelerated because of a decrease
9999 in the market value of the homestead or because of the owner's
100100 default under other indebtedness not secured by a prior valid
101101 encumbrance against the homestead;
102102 (K) is the only debt secured by the homestead at
103103 the time the extension of credit is made unless the other debt was
104104 made for a purpose described by Subsections (a)(1)-(a)(5) or
105105 Subsection (a)(8) of this section;
106106 (L) is scheduled to be repaid:
107107 (i) in substantially equal successive
108108 periodic installments, not more often than every 14 days and not
109109 less often than monthly, beginning no later than two months from the
110110 date the extension of credit is made, each of which equals or
111111 exceeds the amount of accrued interest as of the date of the
112112 scheduled installment; or
113113 (ii) if the extension of credit is a home
114114 equity line of credit, in periodic payments described under
115115 Subsection (t)(8) of this section;
116116 (M) is closed not before:
117117 (i) the 12th day after the later of the date
118118 that the owner of the homestead submits a loan application to the
119119 lender for the extension of credit or the date that the lender
120120 provides the owner a copy of the notice prescribed by Subsection (g)
121121 of this section;
122122 (ii) one business day after the date that
123123 the owner of the homestead receives a copy of the loan application
124124 if not previously provided and a final itemized disclosure of the
125125 actual fees, points, interest, costs, and charges that will be
126126 charged at closing. If a bona fide emergency or another good cause
127127 exists and the lender obtains the written consent of the owner, the
128128 lender may provide the documentation to the owner or the lender may
129129 modify previously provided documentation on the date of closing;
130130 and
131131 (iii) the first anniversary of the closing
132132 date of any other extension of credit described by Subsection
133133 (a)(6) of this section secured by the same homestead property,
134134 except a refinance described by Paragraph (Q)(x)(f) of this
135135 subdivision, unless the owner on oath requests an earlier closing
136136 due to a state of emergency that:
137137 (a) has been declared by the president
138138 of the United States or the governor as provided by law; and
139139 (b) applies to the area where the
140140 homestead is located;
141141 (N) is closed only at the office of the lender, an
142142 attorney at law, or a title company, except as otherwise provided by
143143 statute;
144144 (O) permits a lender to contract for and receive
145145 any fixed or variable rate of interest authorized under statute;
146146 (P) is made by one of the following that has not
147147 been found by a federal regulatory agency to have engaged in the
148148 practice of refusing to make loans because the applicants for the
149149 loans reside or the property proposed to secure the loans is located
150150 in a certain area:
151151 (i) a bank, savings and loan association,
152152 savings bank, or credit union doing business under the laws of this
153153 state or the United States, including a subsidiary of a bank,
154154 savings and loan association, savings bank, or credit union
155155 described by this subparagraph;
156156 (ii) a federally chartered lending
157157 instrumentality or a person approved as a mortgagee by the United
158158 States government to make federally insured loans;
159159 (iii) a person licensed to make regulated
160160 loans, as provided by statute of this state;
161161 (iv) a person who sold the homestead
162162 property to the current owner and who provided all or part of the
163163 financing for the purchase;
164164 (v) a person who is related to the homestead
165165 property owner within the second degree of affinity or
166166 consanguinity; or
167167 (vi) a person regulated by this state as a
168168 mortgage banker or mortgage company; and
169169 (Q) is made on the condition that:
170170 (i) the owner of the homestead is not
171171 required to apply the proceeds of the extension of credit to repay
172172 another debt except debt secured by the homestead or debt to another
173173 lender;
174174 (ii) the owner of the homestead not assign
175175 wages as security for the extension of credit;
176176 (iii) the owner of the homestead not sign
177177 any instrument in which blanks relating to substantive terms of
178178 agreement are left to be filled in;
179179 (iv) the owner of the homestead not sign a
180180 confession of judgment or power of attorney to the lender or to a
181181 third person to confess judgment or to appear for the owner in a
182182 judicial proceeding;
183183 (v) at the time the extension of credit is
184184 made, the owner of the homestead shall receive a copy of the final
185185 loan application and all executed documents signed by the owner at
186186 closing related to the extension of credit;
187187 (vi) the security instruments securing the
188188 extension of credit contain a disclosure that the extension of
189189 credit is the type of credit defined by Subsection (a)(6) of this
190190 section;
191191 (vii) within a reasonable time after
192192 termination and full payment of the extension of credit, the lender
193193 cancel and return the promissory note to the owner of the homestead
194194 and give the owner, in recordable form, a release of the lien
195195 securing the extension of credit or a copy of an endorsement and
196196 assignment of the lien to a lender that is refinancing the extension
197197 of credit;
198198 (viii) the owner of the homestead and any
199199 spouse of the owner may, within three days after the extension of
200200 credit is made, rescind the extension of credit without penalty or
201201 charge;
202202 (ix) the owner of the homestead and the
203203 lender sign a written acknowledgment as to the fair market value of
204204 the homestead property on the date the extension of credit is made;
205205 (x) except as provided by Subparagraph (xi)
206206 of this paragraph, the lender or any holder of the note for the
207207 extension of credit shall forfeit all principal and interest of the
208208 extension of credit if the lender or holder fails to comply with the
209209 lender's or holder's obligations under the extension of credit and
210210 fails to correct the failure to comply not later than the 60th day
211211 after the date the lender or holder is notified by the borrower of
212212 the lender's failure to comply by:
213213 (a) paying to the owner an amount
214214 equal to any overcharge paid by the owner under or related to the
215215 extension of credit if the owner has paid an amount that exceeds an
216216 amount stated in the applicable Paragraph (E), (G), or (O) of this
217217 subdivision;
218218 (b) sending the owner a written
219219 acknowledgement that the lien is valid only in the amount that the
220220 extension of credit does not exceed the percentage described by
221221 Paragraph (B) of this subdivision, if applicable, or is not secured
222222 by property described under Paragraph (H) of this subdivision, if
223223 applicable;
224224 (c) sending the owner a written notice
225225 modifying any other amount, percentage, term, or other provision
226226 prohibited by this section to a permitted amount, percentage, term,
227227 or other provision and adjusting the account of the borrower to
228228 ensure that the borrower is not required to pay more than an amount
229229 permitted by this section and is not subject to any other term or
230230 provision prohibited by this section;
231231 (d) delivering the required documents
232232 to the borrower if the lender fails to comply with Subparagraph (v)
233233 of this paragraph or obtaining the appropriate signatures if the
234234 lender fails to comply with Subparagraph (ix) of this paragraph;
235235 (e) sending the owner a written
236236 acknowledgement, if the failure to comply is prohibited by
237237 Paragraph (K) of this subdivision, that the accrual of interest and
238238 all of the owner's obligations under the extension of credit are
239239 abated while any prior lien prohibited under Paragraph (K) remains
240240 secured by the homestead; or
241241 (f) if the failure to comply cannot be
242242 cured under Subparagraphs (x)(a)-(e) of this paragraph, curing the
243243 failure to comply by a refund or credit to the owner of $1,000 and
244244 offering the owner the right to refinance the extension of credit
245245 with the lender or holder for the remaining term of the loan at no
246246 cost to the owner on the same terms, including interest, as the
247247 original extension of credit with any modifications necessary to
248248 comply with this section or on terms on which the owner and the
249249 lender or holder otherwise agree that comply with this section; and
250250 (xi) the lender or any holder of the note
251251 for the extension of credit shall forfeit all principal and
252252 interest of the extension of credit if the extension of credit is
253253 made by a person other than a person described under Paragraph (P)
254254 of this subdivision or if the lien was not created under a written
255255 agreement with the consent of each owner and each owner's spouse,
256256 unless each owner and each owner's spouse who did not initially
257257 consent subsequently consents;
258258 (7) a reverse mortgage; or
259259 (8) the conversion and refinance of a personal
260260 property lien secured by a manufactured home to a lien on real
261261 property, including the refinance of the purchase price of the
262262 manufactured home, the cost of installing the manufactured home on
263263 the real property, and the refinance of the purchase price of the
264264 real property.
265265 (g) An extension of credit described by Subsection (a)(6) of
266266 this section may be secured by a valid lien against homestead
267267 property if the extension of credit is not closed before the 12th
268268 day after the lender provides the owner with the following written
269269 notice on a separate instrument:
270270 "NOTICE CONCERNING EXTENSIONS OF CREDIT DEFINED BY SECTION
271271 50(a)(6), ARTICLE XVI, TEXAS CONSTITUTION:
272272 "SECTION 50(a)(6), ARTICLE XVI, OF THE TEXAS CONSTITUTION
273273 ALLOWS CERTAIN LOANS TO BE SECURED AGAINST THE EQUITY IN YOUR HOME.
274274 SUCH LOANS ARE COMMONLY KNOWN AS EQUITY LOANS. IF YOU DO NOT REPAY
275275 THE LOAN OR IF YOU FAIL TO MEET THE TERMS OF THE LOAN, THE LENDER MAY
276276 FORECLOSE AND SELL YOUR HOME. THE CONSTITUTION PROVIDES THAT:
277277 "(A) THE LOAN MUST BE VOLUNTARILY CREATED WITH THE CONSENT
278278 OF EACH OWNER OF YOUR HOME AND EACH OWNER'S SPOUSE;
279279 "(B) THE PRINCIPAL LOAN AMOUNT AT THE TIME THE LOAN IS MADE
280280 MUST NOT EXCEED AN AMOUNT THAT, WHEN ADDED TO THE PRINCIPAL BALANCES
281281 OF ALL OTHER LIENS AGAINST YOUR HOME, IS MORE THAN 80 PERCENT OF THE
282282 FAIR MARKET VALUE OF YOUR HOME;
283283 "(C) THE LOAN MUST BE WITHOUT RECOURSE FOR PERSONAL
284284 LIABILITY AGAINST YOU AND YOUR SPOUSE UNLESS YOU OR YOUR SPOUSE
285285 OBTAINED THIS EXTENSION OF CREDIT BY ACTUAL FRAUD;
286286 "(D) THE LIEN SECURING THE LOAN MAY BE FORECLOSED UPON ONLY
287287 WITH A COURT ORDER;
288288 "(E) FEES AND CHARGES TO MAKE THE LOAN MAY NOT EXCEED 2
289289 PERCENT OF THE LOAN AMOUNT, EXCEPT FOR A FEE OR CHARGE FOR AN
290290 APPRAISAL PERFORMED BY A THIRD PARTY APPRAISER, A PROPERTY SURVEY
291291 PERFORMED BY A STATE REGISTERED OR LICENSED SURVEYOR, A STATE BASE
292292 PREMIUM FOR A MORTGAGEE POLICY OF TITLE INSURANCE WITH
293293 ENDORSEMENTS, OR A TITLE EXAMINATION REPORT;
294294 "(F) THE LOAN MAY NOT BE AN OPEN-END ACCOUNT THAT MAY BE
295295 DEBITED FROM TIME TO TIME OR UNDER WHICH CREDIT MAY BE EXTENDED FROM
296296 TIME TO TIME UNLESS IT IS A HOME EQUITY LINE OF CREDIT;
297297 "(G) YOU MAY PREPAY THE LOAN WITHOUT PENALTY OR CHARGE;
298298 "(H) NO ADDITIONAL COLLATERAL MAY BE SECURITY FOR THE LOAN;
299299 "(I) (repealed);
300300 "(J) YOU ARE NOT REQUIRED TO REPAY THE LOAN EARLIER THAN
301301 AGREED SOLELY BECAUSE THE FAIR MARKET VALUE OF YOUR HOME DECREASES
302302 OR BECAUSE YOU DEFAULT ON ANOTHER LOAN THAT IS NOT SECURED BY YOUR
303303 HOME;
304304 "(K) ONLY ONE LOAN DESCRIBED BY SECTION 50(a)(6), ARTICLE
305305 XVI, OF THE TEXAS CONSTITUTION MAY BE SECURED WITH YOUR HOME AT ANY
306306 GIVEN TIME;
307307 "(L) THE LOAN MUST BE SCHEDULED TO BE REPAID IN PAYMENTS
308308 THAT EQUAL OR EXCEED THE AMOUNT OF ACCRUED INTEREST FOR EACH PAYMENT
309309 PERIOD;
310310 "(M) THE LOAN MAY NOT CLOSE BEFORE 12 DAYS AFTER YOU SUBMIT A
311311 LOAN APPLICATION TO THE LENDER OR BEFORE 12 DAYS AFTER YOU RECEIVE
312312 THIS NOTICE, WHICHEVER DATE IS LATER; AND MAY NOT WITHOUT YOUR
313313 CONSENT CLOSE BEFORE ONE BUSINESS DAY AFTER THE DATE ON WHICH YOU
314314 RECEIVE A COPY OF YOUR LOAN APPLICATION IF NOT PREVIOUSLY PROVIDED
315315 AND A FINAL ITEMIZED DISCLOSURE OF THE ACTUAL FEES, POINTS,
316316 INTEREST, COSTS, AND CHARGES THAT WILL BE CHARGED AT CLOSING; AND IF
317317 YOUR HOME WAS SECURITY FOR THE SAME TYPE OF LOAN WITHIN THE PAST
318318 YEAR, A NEW LOAN SECURED BY THE SAME PROPERTY MAY NOT CLOSE BEFORE
319319 ONE YEAR HAS PASSED FROM THE CLOSING DATE OF THE OTHER LOAN, UNLESS
320320 ON OATH YOU REQUEST AN EARLIER CLOSING DUE TO A DECLARED STATE OF
321321 EMERGENCY;
322322 "(N) THE LOAN MAY CLOSE ONLY AT THE OFFICE OF THE LENDER,
323323 TITLE COMPANY, OR AN ATTORNEY AT LAW, UNLESS YOU QUALIFY FOR AN
324324 EXCEPTION PROVIDED BY LAW;
325325 "(O) THE LENDER MAY CHARGE ANY FIXED OR VARIABLE RATE OF
326326 INTEREST AUTHORIZED BY STATUTE;
327327 "(P) ONLY A LAWFULLY AUTHORIZED LENDER MAY MAKE LOANS
328328 DESCRIBED BY SECTION 50(a)(6), ARTICLE XVI, OF THE TEXAS
329329 CONSTITUTION;
330330 "(Q) LOANS DESCRIBED BY SECTION 50(a)(6), ARTICLE XVI, OF
331331 THE TEXAS CONSTITUTION MUST:
332332 "(1) NOT REQUIRE YOU TO APPLY THE PROCEEDS TO ANOTHER DEBT
333333 EXCEPT A DEBT THAT IS SECURED BY YOUR HOME OR OWED TO ANOTHER
334334 LENDER;
335335 "(2) NOT REQUIRE THAT YOU ASSIGN WAGES AS SECURITY;
336336 "(3) NOT REQUIRE THAT YOU EXECUTE INSTRUMENTS WHICH HAVE
337337 BLANKS FOR SUBSTANTIVE TERMS OF AGREEMENT LEFT TO BE FILLED IN;
338338 "(4) NOT REQUIRE THAT YOU SIGN A CONFESSION OF JUDGMENT OR
339339 POWER OF ATTORNEY TO ANOTHER PERSON TO CONFESS JUDGMENT OR APPEAR IN
340340 A LEGAL PROCEEDING ON YOUR BEHALF;
341341 "(5) PROVIDE THAT YOU RECEIVE A COPY OF YOUR FINAL LOAN
342342 APPLICATION AND ALL EXECUTED DOCUMENTS YOU SIGN AT CLOSING;
343343 "(6) PROVIDE THAT THE SECURITY INSTRUMENTS CONTAIN A
344344 DISCLOSURE THAT THIS LOAN IS A LOAN DEFINED BY SECTION 50(a)(6),
345345 ARTICLE XVI, OF THE TEXAS CONSTITUTION;
346346 "(7) PROVIDE THAT WHEN THE LOAN IS PAID IN FULL, THE LENDER
347347 WILL SIGN AND GIVE YOU A RELEASE OF LIEN OR AN ASSIGNMENT OF THE
348348 LIEN, WHICHEVER IS APPROPRIATE;
349349 "(8) PROVIDE THAT YOU MAY, WITHIN 3 DAYS AFTER CLOSING,
350350 RESCIND THE LOAN WITHOUT PENALTY OR CHARGE;
351351 "(9) PROVIDE THAT YOU AND THE LENDER ACKNOWLEDGE THE FAIR
352352 MARKET VALUE OF YOUR HOME ON THE DATE THE LOAN CLOSES; AND
353353 "(10) PROVIDE THAT THE LENDER WILL FORFEIT ALL PRINCIPAL AND
354354 INTEREST IF THE LENDER FAILS TO COMPLY WITH THE LENDER'S
355355 OBLIGATIONS UNLESS THE LENDER CURES THE FAILURE TO COMPLY AS
356356 PROVIDED BY SECTION 50(a)(6)(Q)(x), ARTICLE XVI, OF THE TEXAS
357357 CONSTITUTION; AND
358358 "(R) IF THE LOAN IS A HOME EQUITY LINE OF CREDIT:
359359 "(1) YOU MAY REQUEST ADVANCES, REPAY MONEY, AND REBORROW
360360 MONEY UNDER THE LINE OF CREDIT;
361361 "(2) EACH ADVANCE UNDER THE LINE OF CREDIT MUST BE IN AN
362362 AMOUNT OF AT LEAST $4,000;
363363 "(3) YOU MAY NOT USE A CREDIT CARD, DEBIT CARD, OR SIMILAR
364364 DEVICE, OR PREPRINTED CHECK THAT YOU DID NOT SOLICIT, TO OBTAIN
365365 ADVANCES UNDER THE LINE OF CREDIT;
366366 "(4) ANY FEES THE LENDER CHARGES MAY BE CHARGED AND
367367 COLLECTED ONLY AT THE TIME THE LINE OF CREDIT IS ESTABLISHED AND THE
368368 LENDER MAY NOT CHARGE A FEE IN CONNECTION WITH ANY ADVANCE;
369369 "(5) THE MAXIMUM PRINCIPAL AMOUNT THAT MAY BE EXTENDED, WHEN
370370 ADDED TO ALL OTHER DEBTS SECURED BY YOUR HOME, MAY NOT EXCEED 80
371371 PERCENT OF THE FAIR MARKET VALUE OF YOUR HOME ON THE DATE THE LINE OF
372372 CREDIT IS ESTABLISHED;
373373 "(6) IF THE PRINCIPAL BALANCE UNDER THE LINE OF CREDIT AT
374374 ANY TIME EXCEEDS 80 PERCENT OF THE FAIR MARKET VALUE OF YOUR HOME,
375375 AS DETERMINED ON THE DATE THE LINE OF CREDIT IS ESTABLISHED, YOU MAY
376376 NOT CONTINUE TO REQUEST ADVANCES UNDER THE LINE OF CREDIT UNTIL THE
377377 BALANCE IS LESS THAN 80 PERCENT OF THE FAIR MARKET VALUE; AND
378378 "(7) THE LENDER MAY NOT UNILATERALLY AMEND THE TERMS OF THE
379379 LINE OF CREDIT.
380380 "THIS NOTICE IS ONLY A SUMMARY OF YOUR RIGHTS UNDER THE TEXAS
381381 CONSTITUTION. YOUR RIGHTS ARE GOVERNED BY SECTION 50, ARTICLE XVI,
382382 OF THE TEXAS CONSTITUTION, AND NOT BY THIS NOTICE."
383383 If the discussions with the borrower are conducted primarily
384384 in a language other than English, the lender shall, before closing,
385385 provide an additional copy of the notice translated into the
386386 written language in which the discussions were conducted.
387387 SECTION 2. This proposed constitutional amendment shall be
388388 submitted to the voters at an election to be held November 4, 2025.
389389 The ballot shall be printed to permit voting for or against the
390390 proposition: "The constitutional amendment authorizing the
391391 legislature to provide for exceptions to the requirement that a
392392 home equity loan be closed only at the office of the lender, an
393393 attorney at law, or a title company."