Effective January 7, 2010, the Finance Commission of Texas amended the Mortgage Banker Rules (Rules) contained in the Texas Administrative Code, 7 TAC Chapter 81. Sections 81.1 and 81.2 of the Rules are amended and new Rules 81.3 through 81.19 are added. The text of these amended and new rules are attached to this memorandum. The amended and new Rules were adopted by the Finance Commssion to implement the provisions of House Bills 10, 963 and 2779 passed by the 81st Texas Legislature (see our November 13, 2009 memorandum on House Bills 10 and 2779) and to assist the Texas Department of Savings and Mortgage Lending (TDSML) in preparing to participate in the National Mortgage License System Registry. House Bills 10 and 2779 make substantial modifications to Chapter 157 of the Finance Code (Mortgage Banker Registration and Residential Mortgage Loan Originator License Act) relating to the registration and regulation of mortgage bankers and residential mortgage loan originators. These amended and new Rules substantially mirror the current Mortgage Broker and Loan Officer Licensing rules in the Texas Administrative Code, 7 TAC Chapter 80, (see our November 13, 2009 memorandum). The amended and new Rules relate to the following sections of Chapter 157 of the Finance Code: Sections 157.001, 157.002, 157.007, 157.008, 157.012, 157.015, 157.016, 157.020, and 157.021.

Complete Memorandum