Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 351.051 - License Required(a) A person must hold a license issued under this chapter to: (1) engage in the business of making, transacting, or negotiating property tax loans; or(2) contract for, charge, or receive, directly or indirectly, in connection with a property tax loan subject to this chapter, a charge, including interest, compensation, consideration, or another expense, authorized under this chapter or Chapter 32, Tax Code.(b) A person may not use any device, subterfuge, or pretense to evade the application of this section.(c) Except as provided by Section 351.003, this chapter does not apply to: (1) any of the following entities or an employee of any of the following entities, if the employee is acting for the benefit of the employer:(A) a bank, savings bank, or savings and loan association, or a subsidiary or an affiliate of a bank, savings bank, or savings and loan association; or(B) a state or federal credit union, or a subsidiary, affiliate, or credit union service organization of a state or federal credit union; or(2) an individual who: (A) is related to the property owner within the second degree of consanguinity or affinity, as determined under Chapter 573, Government Code; or(B) makes five or fewer property tax loans in any consecutive 12-month period from the individual's own funds.(d) A property tax lender licensed under this chapter is not required to be licensed under Chapter 156 or any other provision of this code.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 206,Sec. 4, eff. 5/29/2013.Amended By Acts 2011, 82nd Leg., R.S., Ch. 622, Sec. 5, eff. 9/1/2011.Added by Acts 2007, 80th Leg., R.S., Ch. 1220, Sec. 1, eff. 9/1/2007.