Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,852
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The individual purposes of the amendments to each section are
provided in the following paragraphs. Specific explanation is
included with regard to new language, changes in language,
and significant formatting amendments. The remaining changes
throughout all sections consist of minor technical revisions and
will be summarized more generally.
Section 84.102 contains general definitions used throughout
Chapter 84. Revisions are proposed in paragraphs (15) "Sched-
uled installment earnings method," (20) "True daily earnings
method," and (21) "U.S. Rule." These amendments provide up-
dated citations for Regulation Z in accordance with the relocation
and renumbering of these provisions by the Consumer Financial
Protection Bureau (CFPB). Similar changes are proposed in
the recordkeeping rules to these and other federal regulations
as reorganized by the CFPB. In addition, in paragraph (17)
"Sales tax deferred transaction," "Texas" has been inserted at
the beginning of the agency title to more accurately refer to the
"Texas Comptroller of Public Accounts."
Technical corrections have been made to 84.105, Indigency
Affidavit for Appeal of Conditional Delivery Determination;
84.203, Deferment Charge; and 84.204, Disclosure of Equity
in Retail Buyer's Trade-in Motor Vehicle. In particular, these
changes provide a corrected statutory citation and improved
grammar and punctuation.
Also in 84.204, regarding disclosure of equity, additional read-
able typefaces for the standard form have been added to sub-
section (e). This revision offers greater flexibility to retail sellers
when formatting the disclosure.
In 84.205, Documentary Fees Reasonableness Standards, a
clarifying change has been made to subsection (e) concerning
reasonableness standards. The revision proposes a new sen-
tence to be included as the next to last one in paragraph (3),
as follows: "A retail seller has the burden of showing that all in-
cluded costs are specified and supported by adequate documen-
tation." This change conforms the rule to current agency practice
and provides better clarity and guidance to licensees.
The following sections contain technical corrections: 84.301,
Definitions; 84.308, Debt Cancellation Agreements Not Requir-
ing Insurance; and 84.504, Collection Contacts. Of note, the re-
visions provide consistent terminology, remove unnecessary lan-
guage, provide clarification, and update federal legal citations.
Section 84.601, which contains the licensing definitions, has ex-
perienced several minor revisions relating to grammar and punc-
tuation. Two of these changes are recurring throughout the rules.
First, the verb "shall" has been changed to "will" in the intro-
ductory paragraph and to "must" in paragraph (2)(E). Similar
changes have been made to numerous rules in Chapter 84 by
replacing "shall" with either "will" or "must," as appropriate, since
the latter language is reflective of a more modern and plain lan-
guage approach in regulations. Second, the hyphens have been
removed from the phrases "privately held" and "publicly held,"
as these hyphens are deemed unnecessary by modern usage
Also in 84.601, two definitions are proposed for addition in new
paragraphs (3) "Commissioner" and (6) "OCCC." These addi-
tions provide clarification on basic terminology used throughout
the subchapter and afford consistency with the regulations of
other licensed industries. The agency believes that references
to the OCCC or OCCC staff taking certain actions or requiring
certain items provide better clarity and a more plain language
approach in regulations. Additionally, the remaining definitions
have been renumbered accordingly.
Section 84.602 regarding the filing of new applications has been
revised and reorganized to increase the efficiency of the licens-
ing process and to better align the rules with the streamlined ap-
plication forms prepared by the agency. First, the provisions that
have been relocated to provide proper alignment with the revised
licensing forms are as follows: 84.602(1)(E) concerning statu-
tory or registered agent has been relocated to proposed para-
graph (1)(A)(iii), paragraph (2)(C)(vii)(ll) concerning statement
of records has been relocated to proposed paragraph (1)(D)(iii),
paragraph (1)(A)(iii) concerning authorized signatures has been
renamed "Consent form" and relocated to proposed paragraph
(1)(E), and paragraph (1)(L) concerning assumed names has
been relocated to paragraph (2)(D).
In particular, one of the relocated provisions relates to the cre-
ation of a new separate licensing form, which is the consent form.
This provision involves some minor wording changes in addition
to its relocation. In proposed 84.602(1)(E), the following new
language relating to the term "authorized individual" has been
added: "Each applicant must submit a consent form signed by
an authorized individual. . . . The following are authorized indi-
viduals ... "
Second, the wording and format of several taglines or form titles
have been revised to correspond with the new licensing forms.
These title changes are found in the following proposed provi-
sions: 84.602(1)(A), (1)(A)(iii) - (v), (1)(B), (1)(C), (1)(C)(i) - (iii),
(1)(D), (1)(D)(i) - (iii), (1)(E), (1)(F), and (2)(D). Other changes
relating to form titles may be found in 84.603(a) and (b) and
84.604(d). Additionally, any surrounding provisions affected by
the relocations have been renumbered or relettered as appropri-
ate, along with other technical corrections.
In conjunction with the reorganization of 84.602, certain
provisions have experienced revised language to improve
clarity and flexibility. In proposed 84.602(1)(A)(iii), the term
"statutory agent" has been replaced with "registered agent"
throughout this clause. Parallel changes have also been made
to 84.602(2)(C)(ii) and (iv). In reference to agents who are
natural persons, a "physical residential address" is no longer
required and has been replaced with a requirement for "a dif-
ferent address than the licensed location address." In addition,
for registered agents not matching those on file with the Office
of the Texas Secretary of State, an applicant must only submit
"a certification from the secretary of the company identifying the
registered agent" as opposed to the current language requiring
certified minutes of the appointment.
In proposed 84.602(1)(A)(v)(lll) concerning disclosure of part-
ners for limited partnerships, the first sentence is inconsistent
with the requirements outlined in the related items. Accordingly,
to clarify and resolve this issue, the first sentence has been re-
vised as per Texas Register guidelines: "Each partner, general
and limited, fulfilling the requirements of items (-a-) - (-c-) of
this subclause must be listed and the percentage of ownership
Section 84.602(1)(C)(iii) concerning employment history has
been revised by removing the phrase "with no gaps." As the
rule still requires "a continuous 10-year [employment] history,"
the deleted language is not necessary.
Section 84.602(2)(A)(iv) relates to the fingerprints of individuals
who have previously been licensed by the agency and who are
principal parties of currently licensed entities. In response to an
37 TexReg 6852 August 31, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth253227/m1/34/: accessed January 20, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.