Sec. 393.605. BOND. (a) If the commissioner requires, an applicant for a license under this subchapter shall file with the application a bond that is:
(1) in an amount satisfactory to the commissioner that does not exceed the lesser of:
(A) $10,000 for the first license and $10,000 for each additional license; or
(B) $2,500,000; and
(2) 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 subchapter against the license holder.
(c) The bond must be conditioned on:
(1) the license holder's faithful performance under this subchapter and rules adopted under this subchapter; and
(2) the payment of all amounts that become due to this state or another person under this subchapter 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 subchapter may not exceed the amount of the bond.
(e) A credit access business that files a bond under this section is not required to file a bond under Subchapter E.
(f) A credit access business, instead of obtaining a surety bond, may satisfy the requirements of this section by depositing an amount described by Subsection (a)(1) in a surety account held in trust at a federally insured bank or savings association located in this state. The name of the depository, trustee, and account number of the surety account must be filed with the office.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1302 (H.B. 2594), Sec. 2, eff. January 1, 2012.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 84, eff. September 1, 2019.
Structure Texas Statutes
Title 5 - Protection of Consumers of Financial Services
Chapter 393 - Credit Services Organizations
Subchapter G. Licensing and Regulation of Certain Credit Services Organizations
Section 393.602. Applicability
Section 393.603. License Required
Section 393.604. Application for License
Section 393.606. Investigation of Application
Section 393.607. Approval or Denial of Application
Section 393.608. Disposition of Fees on Denial of Application
Section 393.6085. License Term
Section 393.609. Name and Place of License
Section 393.610. License Display
Section 393.611. Minimum Assets for License
Section 393.6115. Grounds for Refusal to Renew
Section 393.613. Expiration of License on Failure to Pay Fee
Section 393.614. License Suspension or Revocation
Section 393.615. License Suspension or Revocation Filed With Public Records
Section 393.616. Reinstatement of Suspended License; Issuance of New License After Revocation
Section 393.617. Surrender of License
Section 393.618. Effect of License Suspension, Revocation, or Surrender
Section 393.619. Moving an Office
Section 393.620. Transfer or Assignment of License
Section 393.621. Administration
Section 393.623. Providing or Advertising Services Without License Prohibited
Section 393.624. Restrictions on Off-Site Advertising
Section 393.625. Military Borrowers
Section 393.626. Debt Collection Practices