Sec. 351.102. BOND. (a) If the commissioner requires, an applicant for a license under this chapter shall file with the application a bond that is:
(1) in an amount not to exceed the total of:
(A) $50,000 for the first license; and
(B) $10,000 for each additional license;
(2) satisfactory to the commissioner; and
(3) issued by a surety company qualified to do business as a surety in this state.
(b) The bond must be in favor of this state for the use of this state and the use of a person who has a cause of action under this chapter against the license holder.
(c) The bond must be conditioned on:
(1) the license holder's faithful performance under this chapter and rules adopted under this chapter; and
(2) the payment of all amounts that become due to the state or another person under this chapter during the period for which the bond is given.
(d) The aggregate liability of a surety to all persons damaged by the license holder's violation of this chapter may not exceed the amount of the bond.
(e) A license holder engaged in the business of making, transacting, or negotiating a property tax loan for a principal dwelling must meet the surety bond or recovery fund fee requirement, as applicable, of the holder's residential mortgage loan originator under Section 180.058.
Added by Acts 2007, 80th Leg., R.S., Ch. 1220 (H.B. 2138), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1104 (H.B. 10), Sec. 18, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 47, eff. September 1, 2019.
Structure Texas Statutes
Title 4 - Regulation of Interest, Loans, and Financed Transactions
Subtitle B - Loans and Financed Transactions
Chapter 351 - Property Tax Lenders
Subchapter C. Application for and Issuance of License
Section 351.101. Application Requirements
Section 351.103. Investigation of Application
Section 351.104. Approval or Denial of Application
Section 351.105. Disposition of Fees on Denial of Application