Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 156.202 - Exemptions(a-1) The following entities are exempt from this chapter: (1) a nonprofit organization: (A) providing self-help housing that originates zero interest residential mortgage loans for borrowers who have provided part of the labor to construct the dwelling securing the loan; or (B) that has designation as a Section 501(c)(3) organization by the Internal Revenue Service and originates residential mortgage loans for borrowers who, through a self-help program, have provided at least 200 labor hours or 65 percent of the labor to construct the dwelling securing the loan; (2) a mortgage banker registered under Chapter 157; (3) subject to Subsection (b), any owner of residential real estate who in any 12-consecutive-month period makes no more than three residential mortgage loans to purchasers of the property for all or part of the purchase price of the residential real estate against which the mortgage is secured; and (4) an entity that is: (A) a depository institution; (B) a subsidiary of a depository institution that is: (i) owned and controlled by the depository institution; and (ii) regulated by a federal banking agency; or (C) an institution regulated by the Farm Credit Administration. (b) In determining eligibility for an exemption under Subsection (a-1)(3), two or more owners of residential real estate are considered a single owner for the purpose of computing the number of mortgage loans made within the period specified by that subdivision if any of the owners are an entity or an affiliate of an entity, including a general partnership, limited partnership, limited liability company, or corporation, as defined by Section 1.002, Business Organizations Code. Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 76,Sec. 1, eff. 1/1/2022.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 258,Sec. 1, eff. 9/1/2015.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 160,Sec. 87, eff. 9/1/2013.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 160,Sec. 14, eff. 9/1/2013.Amended By Acts 2011, 82nd Leg., R.S., Ch. 655, Sec. 14, eff. 9/1/2011.Amended By Acts 2011, 82nd Leg., R.S., Ch. 655, Sec. 65(a)(4), eff. 9/1/2011.Amended By Acts 2009, 81st Leg., R.S., Ch. 1317, Sec. 6, eff. 9/1/2009.Amended By Acts 2007, 80th Leg., R.S., Ch. 228, Sec. 2, eff. 9/1/2007.Amended By Acts 2007, 80th Leg., R.S., Ch. 905, Sec. 4, eff. 9/1/2007.Amended By Acts 2005, 79th Leg., Ch. 1018, Sec. 6.05, eff. 9/1/2005.Amended by Acts 2001, 77th Leg., ch. 5, Sec. 1, eff. 9/1/2001; Acts 2003, 78th Leg., ch. 135, Sec. 1, eff. 9/1/2003.Added by Acts 1999, 76th Leg., ch. 1254, Sec. 2, eff. 9/1/1999. See Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 258, Sec. 4.