Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,910
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Adopted 82.2(e) includes new paragraphs (2) and (3), which
provide clarification relating to requests for inspection of 50 or
more pages and inspections costing over $100.
The remaining changes to both 82.1 and 82.2 are technical
and nonsubstantive in nature. Additionally, the third and final rule
in Chapter 82, 82.3, concerning Request for Criminal History
Evaluation Letter, does not contain any changes resulting from
The amendments are adopted under Texas Finance Code,
11.304, which authorizes the commission to adopt rules to
enforce Chapter 14 and Title 4 of the Texas Finance Code.
Additionally, Texas Finance Code, 14.157 authorizes the com-
mission to adopt rules governing the custody and use of criminal
history record information obtained under Texas Finance Code,
Chapter 14, Subchapter D. Texas Government Code, 552.230
authorizes governmental bodies to adopt reasonable rules of
procedure under which public information may be inspected
The statutory provisions affected by the adopted amendments
are contained in Texas Finance Code, Chapter 14 and Title 4.
82. . Custody of Criminal History Record Information.
(a) The use of "criminal history record information," as de-
fined by Texas Government Code, 411.082, obtained or maintained
by the Office of Consumer Credit Commissioner (OCCC) pursuant to
Texas Finance Code, Chapter 14, Subchapter D, will be limited to as-
sisting the commissioner in determining the character and fitness of an
applicant for a license issued by the OCCC or in determining the char-
acter and fitness of a current license holder of the OCCC. All criminal
history record information received by the OCCC is confidential infor-
mation and is for the exclusive use of the OCCC. Except on court order
or as otherwise provided by Texas Finance Code, 14.155, such infor-
mation may not be disclosed to any person or agency.
(b) Access to criminal history record information maintained
by the OCCC will be limited to the following persons:
(1) the Consumer Credit Commissioner;
(2) any assistant commissioner;
(3) any attorney employed by the OCCC or an assistant at-
torney general representing the interest of the OCCC;
(4) employees of the licensing section;
(5) the director of consumer protection;
(6) the public information officer;
(7) any person appointed to act on behalf of or in the stead
of any of the above; and
(8) any employee of the OCCC that requires access to crim-
inal history record information in order to fulfill the employee's duties
and as designated and approved by a party provided in paragraph (1)
or (5) of this subsection.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
Filed with the Office of the Secretary of State on August 17, 2012.
Leslie L. Pettijohn
Office of Consumer Credit Commissioner
Effective date: September 6, 2012
Proposal publication date: June 29, 2012
For further information, please call: (512) 936-7621
CHAPTER 83. REGULATED LENDERS AND
CREDIT ACCESS BUSINESSES
SUBCHAPTER A. RULES FOR REGULATED
DIVISION 10. DUTIES AND AUTHORITY OF
7 TAC 83.838
The Finance Commission of Texas (commission) adopts new
83.838 in Subchapter A, Division 10 of Chapter 83, concerning
multiple-advance loans. The commission adopts new 83.838
without changes to the proposed text as published in the June
29, 2012, issue of the Texas Register (37 TexReg 4758). The
rule will not be republished.
The commission received no written comments on the proposal.
The purpose of the new rule is to clarify which loans are subject
to Texas Finance Code, 342.455. That section is titled "Agree-
ment for More than One Loan or Cash Advance," and it provides
interest limitations and disclosure requirements for agreements
in which a lender makes multiple advances to a borrower. Sub-
section (b) of 342.455 states that the interest rate for a multi-
ple-advance loan is limited to the Subchapter E rates, provided
in Texas Finance Code, 342.201. Subsections (c) - (g) contain
disclosure requirements, including the date of the agreement;
any insurance charges; and the name, address, and signature
of the borrower and lender.
Although 342.455 does not specifically identify which loans are
exempt, the agency believes that the section should be inter-
preted as applying only when a subsequent advance increases
a loan's principal balance after the original date of the loan. This
interpretation is consistent with the statute's use of the phrase
"from time to time," which suggests that the parties contemplate
that the advances will be made at separate times.
New 83.838 defines a "multiple-advance loan" as a loan agree-
ment subject to Texas Finance Code, Chapter 342, under which
more than one loan or advance may be made to a borrower
from time to time. Subsection (b) provides that multiple-advance
loans are subject to the requirements provided in Texas Finance
Code, 342.455. Subsection (c) provides that a loan is not sub-
ject to 342.455 if all advances occur on the same date, or if
all advances after the initial advance occur because of the bor-
rower's default (e.g., collateral protection insurance fees, repos-
session fees, court costs).
This new section is adopted under Texas Finance Code,
342.007, which authorizes the Finance Commission to adopt
rules necessary to implement and enforce Texas Finance Code,
The statutory provisions affected by the adopted new section are
contained in Texas Finance Code, Chapter 342.
37 TexReg 6910 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/m1/91/: accessed April 30, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.