Section 393.002 - Persons Not Covered(a) This chapter does not apply to:(1) a person: (A) authorized to make a loan or grant an extension of consumer credit under the laws of this state or the United States; and(B) subject to regulation and supervision by this state or the United States;(2) a lender approved by the United States secretary of housing and urban development for participation in a mortgage insurance program under the National Housing Act (12 U.S.C. Section 1701 et seq.);(3) a bank or savings association the deposits or accounts of which are eligible to be insured by the Federal Deposit Insurance Corporation or a subsidiary of the bank or association;(4) a credit union doing business in this state;(5) a nonprofit organization exempt from taxation under Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3));(6) a real estate broker or salesperson licensed under Chapter 1101, Occupations Code, who is acting within the course and scope of that license;(7) an individual licensed to practice law in this state who is acting within the course and scope of the individual's practice as an attorney;(8) a broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of that regulation;(9) a consumer reporting agency;(10) a person whose primary business is making loans secured by liens on real property;(11) a mortgage broker or loan officer licensed under Chapter 156, Finance Code, who is acting within the course and scope of that license; or(12) an electronic return originator who:(A) is an authorized Internal Revenue Service e-file provider; and(B) makes, negotiates, arranges for, or transacts a loan that is based on a person's federal income tax refund on behalf of a bank, savings bank, savings and loan association, or credit union.(b) In an action under this chapter, a person claiming an exemption under this section has the burden of proving the exemption.Amended By Acts 2003, 78th Leg., ch. 135, Sec. 2, eff. 9/1/2003Amended By Acts 2003, 78th Leg., ch. 1276, Sec. 14A.775, eff. 9/1/2003.Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.036, eff. 9/1/1999Amended By Acts 1999, 76th Leg., ch. 1254, Sec. 3, eff. 9/1/1999 Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. 9/1/1997.