Texas Finance Code Title 2, Chapter 14 - Consumer Credit Commissioner

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B OPERATION OF OFFICE

• Texas Section 14.001 - Definitions
  (a) In this chapter: (1) "Document" includes books, accounts, correspondence, records, and papers. (2) "Office" means the Office of Consumer Credit Commissioner. (b) The definitions...
• Texas Section 14.051 - Consumer Credit Commissioner
  (a) The finance commission shall appoint the commissioner. (b) The commissioner: (1) serves at the will of the commission; and (2) is subject to orders...
• Texas Section 14.052 - Division Of Consumer Protection
  The division of consumer protection is a division in the office and is under the direction of the commissioner. Acts 1997, 75th Leg., ch. 1008,...
• Texas Section 14.054 - Oath Of Office
  Before assuming the duties of office, the commissioner and each assistant commissioner, examiner, and other employee of the office must take an oath of office....
• Texas Section 14.055 - Liability
  (a) The commissioner or an assistant commissioner, examiner, or other employee of the office is not personally liable for damages arising from the person's official...
• Texas Section 14.056 - Conflict Of Interest
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist...
• Texas Section 14.057 - Performance Evaluations; Merit Pay
  (a) The commissioner or a person designated by the commissioner shall develop a system of annual employee performance evaluations based on measurable job tasks. (b)...
• Texas Section 14.058 - Equal Employment Opportunity
  (a) The commissioner or the commissioner's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure...
• Texas Section 14.059 - Intra-agency Career Ladder
  (a) The commissioner or a person designated by the commissioner shall develop an intra-agency career ladder program. (b) The program must require intra-agency posting of...
• Texas Section 14.061 - Cost Of Audit
  The cost of an audit of the office under Chapter 321, Government Code, shall be paid to the state auditor from the funds of the...
• Texas Section 14.062 - Consumer Information And Complaints
  (a) The office shall maintain a file on each written complaint filed with the office. The file must include: (1) the name of the person...
• Texas Section 14.063 - Application Of Open Meetings Law
  The office is a governmental body subject to Chapter 551, Government Code. Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
• Texas Section 14.064 - Consumer Information
  The commissioner shall: (1) prepare information of consumer interest describing: (A) the regulatory functions of the office; and (B) the office's procedures by which consumer...
• Texas Section 14.065 - Office Employees
  The commissioner may appoint, remove, and prescribe the duties of assistant commissioners, examiners, and other employees as necessary to maintain and operate the office, including...

SUBCHAPTER C POWERS AND DUTIES OF COMMISSIONER

• Texas Section 14.066 - Sunset Provision
  The office is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished...
• Texas Section 14.101 - General Duties Of Commissioner
  The commissioner shall enforce Section 339.001, this chapter, Subtitles B and C of Title 4, Chapter 393 with respect to a credit access business, and...
• Texas Section 14.102 - Educational And Debt Counseling Programs
  The commissioner shall coordinate, encourage, and assist public and private agencies, organizations, groups, and consumer credit institutions in developing and operating voluntary educational and debt...
• Texas Section 14.1025 - Financial Literacy Program Information
  (a) In this section: (1) "Financial literacy" means proficiency at managing personal finances. (2) "Health and human services agencies" has the meaning assigned by Section...
• Texas Section 14.103 - Consumer Protection Programs
  The commissioner, through the division of consumer protection, shall coordinate, encourage, and assist public and private agencies, organizations, groups, and consumer protection institutions in developing...
• Texas Section 14.104 - Lender Contracts
  A written contract of an authorized lender subject to regulation by the office must contain the name, mailing address, and telephone number of the office....
• Texas Section 14.105 - Gifts And Grants
  (a) The commissioner may accept money, gifts, or grants on behalf of the state for a purpose related to a consumer credit educational opportunity or...
• Texas Section 14.106 - Information Regarding Employment Requirements
  The commissioner or the commissioner's designee shall provide to agency employees, as often as necessary, information regarding the requirements for employment under this chapter, including...
• Texas Section 14.107 - Fees
  (a) The finance commission shall establish reasonable and necessary fees for carrying out the commissioner's powers and duties under this chapter, Title 4, Chapter 393...
• Texas Section 14.108 - Interpretations Of Law
  (a) The commissioner may issue an interpretation of this chapter or Subtitle A or B, Title 4, after approval of the interpretation by the finance...

SUBCHAPTER D CRIMINAL HISTORY RECORD INFORMATION

• Texas Section 14.109 - Use Of The Nationwide Mortgage Licensing System And Registry
  (a) In this section, "Nationwide Mortgage Licensing System and Registry" or "nationwide registry" means a licensing system developed and maintained by the Conference of State...
• Texas Section 14.151 - Obtaining Information
  (a) The commissioner or an assistant commissioner, examiner, or other employee of the office shall obtain criminal history record information maintained by the Department of...
• Texas Section 14.152 - Fingerprint Requirement; Penalty
  The commissioner may refuse to grant a license or registration to, or may suspend or revoke the license or registration of, an applicant, license holder,...
• Texas Section 14.153 - Action By Law Enforcement Agencies
  (a) The commissioner shall send fingerprints and other identification information to the Department of Public Safety to be retained by that department. (b) The Department...
• Texas Section 14.154 - Confidentiality
  (a) Criminal history record information received by the office is confidential and is for the exclusive use of the office. (b) Repealed by Acts 2015,...
• Texas Section 14.155 - Disclosure
  Sec. 14.155. DISCLOSURE. (a) The office may not release or disclose criminal history record information obtained from the Department of Public Safety, Federal Bureau of...
• Texas Section 14.156 - Recovery Of Costs
  In addition to an investigation fee paid to the commissioner by an applicant for a license or registration, the commissioner is entitled to recover from...

SUBCHAPTER E INVESTIGATION AND ENFORCEMENT

• Texas Section 14.157 - Rules
  The finance commission shall adopt rules governing the custody and use of information obtained under this subchapter. Acts 1997, 75th Leg., ch. 1008, Sec. 1,...
• Texas Section 14.201 - Investigation And Enforcement Authority
  Investigative and enforcement authority under this subchapter applies only to Section 339.001, this chapter, Subtitles B and C of Title 4, Chapter 393 with respect...
• Texas Section 14.2015 - Confidentiality Of Certain Information
  Sec. 14.2015. CONFIDENTIALITY OF CERTAIN INFORMATION. (a) Except as provided by Subsection (b), information or material obtained or compiled by the commissioner in relation to...
• Texas Section 14.2016 - Information Sharing With Departments And Agencies
  To ensure consistent enforcement of law and minimization of regulatory burdens, the commissioner may share information, including criminal history or confidential information, relating to a...
• Texas Section 14.202 - Request For Information; Failure To Comply
  (a) On receipt of a written complaint or other reasonable cause to believe that a person is violating a statute listed by Section 14.201, the...
• Texas Section 14.203 - Issuance Of Subpoena Or Summons
  (a) During an investigation, the commissioner may issue a subpoena or summons that is addressed to a peace officer of this state and requires the...
• Texas Section 14.204 - Enforcement Of Subpoena; Contempt
  (a) If a person disobeys a subpoena or if a witness appearing before the commissioner refuses to testify, the commissioner may petition the district court...
• Texas Section 14.205 - Investigation By Hearing Officer
  (a) During an investigation described by this subchapter, the commissioner may appoint a hearing officer to conduct the investigation. (b) On appointment, a hearing officer...
• Texas Section 14.206 - Fees And Expenses
  (a) The fee for serving a subpoena under this subchapter is the same as that paid a sheriff or constable for performing a similar service....
• Texas Section 14.207 - Imposition Of Costs On Parties
  The commissioner may impose on a party in interest of record fees, expenses, or costs incurred in connection with a hearing or may divide the...
• Texas Section 14.208 - Injunction; Appeal
  (a) If the commissioner has reasonable cause to believe that a person is violating a statute to which this chapter applies, the commissioner, in addition...

SUBCHAPTER F ADMINISTRATIVE PENALTY; RESTITUTION ORDER; ASSURANCE OF VOLUNTARY COMPLIANCE

• Texas Section 14.209 - Appointment Of Receiver
  (a) In addition to other remedies for the enforcement of a restraining order or injunction, the court in which an action is brought under Section...
• Texas Section 14.251 - Assessment Of Penalty; Restitution Order
  (a) The commissioner may assess an administrative penalty against a person who knowingly and wilfully violates or causes a violation of this chapter, Chapter 394,...
• Texas Section 14.252 - Amount Of Penalty
  (a) The commissioner may assess an administrative penalty for a violation in an amount not to exceed $1,000 for each day of the violation. (b)...
• Texas Section 14.253 - Report On Violation
  If the commissioner determines that a violation occurred, the commissioner may issue a report that states: (1) the facts on which the determination is based;...
• Texas Section 14.254 - Notice Of Report On Violation And Penalty Recommendation
  (a) Not later than the 14th day after the date on which a report is issued, the commissioner shall give written notice of the report...
• Texas Section 14.255 - Response Of Person Receiving Notice
  Not later than the 20th day after the date on which a person receives notice under Section 14.254, the person may: (1) accept in writing...
• Texas Section 14.256 - Acceptance Of Penalty
  If a person accepts the determination and recommended penalty of the commissioner, the commissioner by order shall approve the determination and impose the recommended penalty....
• Texas Section 14.257 - Hearing On Penalty; Order
  (a) If a person requests a hearing or fails to give a timely response to the notice, the commissioner shall set a hearing and give...
• Texas Section 14.258 - Stay Of Penalty; Suit By Attorney General
  (a) The enforcement of the penalty may be stayed during the time the order is under judicial review if the person pays the penalty to...
• Texas Section 14.259 - Recovery Of Costs
  In addition to the administrative penalty or restitution amount, the court may authorize the commissioner to recover from a person who pays an administrative penalty...
• Texas Section 14.260 - Administrative Procedure Act
  A proceeding under this subchapter is subject to Chapter 2001, Government Code. Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
• Texas Section 14.261 - Acceptance Of Assurance
  (a) In administering this chapter, the commissioner may accept assurance of voluntary compliance from a person who is engaging in or has engaged in an...
• Texas Section 14.262 - Effect Of Assurance
  (a) An assurance of voluntary compliance is not an admission of a violation of: (1) Section 339.001; (2) this chapter or a rule adopted under...
• Texas Section 14.263 - Reopening
  A matter closed by the filing of an assurance of voluntary compliance may be reopened at any time. Added by Acts 2005, 79th Leg., Ch....

SUBCHAPTER G JUDICIAL REVIEW

• Texas Section 14.264 - Right To Bring Action Not Affected
  (a) An assurance of voluntary compliance does not affect the right of an individual to bring an action, except as provided in Chapter 349 and...
• Texas Section 14.301 - Appeal Of Final Decision Of Commissioner
  A party in interest aggrieved by a final decision of the commissioner is entitled to judicial review. Acts 1997, 75th Leg., ch. 1008, Sec. 1,...
• Texas Section 14.302 - Appeal Of License Withholding Or Revocation
  An appeal of a decision of the commissioner refusing to grant a license to an applicant or revoking the license of a license holder shall...
• Texas Section 14.303 - Stay Of Order Pending Appeal
  On a showing of good cause, the commissioner or the reviewing court may enter an order staying the effect of a final decision of the...

Last modified: September 28, 2016