TITLE 7. BANKING AND SECURITIES
PART 1. FINANCE COMMISSION OF TEXAS
CHAPTER 3. STATE BANK REGULATION
SUBCHAPTER
F.
The Finance Commission of Texas (the commission), on behalf of the Texas Department of Banking (the department), adopts the repeal of §3.112, concerning What Will the Department Charge for Providing Public Information. The adopted repeal implements a recommendation stemming from the Texas Regulatory Efficiency Office's collaborative process aimed at removing unnecessary language and improving rule readability. The repeal is adopted without changes to the proposed text as published in the September 11, 2026, issue of the Texas Register (51 TexReg 6257). The repealed rule will not be republished.
The adopted repeal is necessary because rule §3.112 is duplicative and the requirements for public information charges are already established by § 552.261 of the Texas Public Information Act (Tex. Gov't Code § 552.261).
The department received no comments regarding the adoption of this repeal.
The adopted repeal is authorized by Texas Finance Code §31.003, which provides that the Commission may adopt rules to implement and clarify Finance Code, Title 3, Subtitle A.
No statute is affected by the adopted repeal.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 19, 2026.
TRD-202604415
Robert K. Nichols, III
General Counsel
Finance Commission of Texas
Effective date: November 8, 2026
Proposal publication date: September 11, 2026
For further information, please call: (512) 475-1327
CHAPTER 5. ADMINISTRATION OF FINANCE AGENCIES
7 TAC §5.105The Finance Commission of Texas (the commission), on behalf of the Texas Department of Banking (the department), adopts the repeal of §5.105, concerning negotiated rulemaking procedures. The adopted repeal implements a recommendation stemming from the Texas Regulatory Efficiency Office's collaborative process aimed at removing unnecessary language and improving rule readability. The repeal is adopted without changes to the proposed text as published in the September 11, 2026, issue of the Texas Register (51 TexReg 6258). The repeal will not be republished.
The adopted repeal removes §5.105 in its entirety and will move its text into existing §9.85 through a corresponding pending adoption. As both rules address the same subject--negotiated rulemaking procedures for Finance Commission agencies--consolidating these rules removes redundancy and places all relevant requirements in one section.
The department received no comments regarding the adoption of this repeal.
The adopted repeal is authorized by Texas Finance Code §12.113, which provides that the Commission by rule shall adopt a policy to encourage the use of negotiated rulemaking procedures.
Texas Finance Code, §12.113 is affected by the adopted repealed rule.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 19, 2026.
TRD-202604416
Robert K. Nichols, III
General Counsel
Finance Commission of Texas
Effective date: November 8, 2026
Proposal publication date: September 11, 2026
For further information, please call: (512) 475-1327
CHAPTER 9. RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS, APPEALS, AND RULEMAKINGS
SUBCHAPTER
B.
The Finance Commission of Texas (the commission), on behalf of the Texas Department of Banking (the department), adopts amendments to existing rules at 7 Texas Administrative Code (TAC), Part 1, Chapter 9, Subchapter B, §§9.11, 9.20, 9.30, 9.32, 9.34, and 9.37, regarding the Commission's procedures for contested case hearings, appeals, and rulemakings. The adopted rules implement recommendations from the Texas Regulatory Efficiency Office's recommendations aimed at removing unnecessary language and improving the rules' readability. The amended rules are adopted without changes to the proposed text as published in the September 11, 2026, issue of the Texas Register (51 TexReg 6258). The amended rules will not be republished.
The adopted amendment to §9.11 requires the Department to provide a hyperlink to its rules rather than providing a physical copy of the rules. This change will remove an outdated practice that imposes unnecessary printing costs without improving respondent access.
The adopted amendments to §9.32 modernize the rule's language by retitling the section "Remote Hearings" (rather than "Telephone Hearings"), and extending the rule's applicability to hearings held by telephone, videoconference, or other electronic means. Additionally, the amended rule reduces- from 20 minutes to 10 minutes- the time after which the administrative law judge may consider a party to have failed to appear. The adopted amendments also add language to clarify when a person who connects to a remote hearing will be considered to have failed to appear. Lastly, the adopted rule replaces the term "sua sponte" with "on the judge's own motion." The adopted amendments to §9.34 reword and reorganize the section for increased readability, and set the deadlines for exceptions and briefs to be filed to 15 days, in alignment with the deadlines set out in the State Office of Administrative Hearings' rule at 1 TAC §155.507.
The adopted amendments to §§9.20, 9.30, and 9.37 simply improve readability by replacing the Latin legal term "sua sponte" with "on the judge's own motion."
The department received no comments regarding the adoption of these amendments.
These amendments are adopted pursuant to §31.003(a)(5) of the Texas Finance Code, which provides authority for the Commission to adopt rules to facilitate the fair hearing and adjudication of matters before the Banking Commissioner and the Finance Commission.
No statute is affected by the adopted amendment.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 19, 2026.
TRD-202604419
Robert K. Nichols, III
General Counsel
Finance Commission of Texas
Effective date: November 8, 2026
Proposal publication date: September 11, 2026
For further information, please call: (512) 475-1327
SUBCHAPTER
D.
The Finance Commission of Texas (the commission), on behalf of the Texas Department of Banking (the department), adopts an amendment to an existing rule at 7 Texas Administrative Code (TAC), Part 1, Chapter 9, Subchapter D, §9.85, regarding negotiated rulemaking procedures. The adopted rule implements a recommendation stemming from the Texas Regulatory Efficiency Office's collaborative process aimed at removing unnecessary language and improving rule readability. The amended rule is adopted without changes to the proposed text as published in the September 11, 2026, issue of the Texas Register (51 TexReg 6261). The amended rule will not be republished.
The adopted rule incorporates the language of former 7 TAC §5.105, the repeal of which is pending, into new subsection §9.85(f). As both rules address the same subject of negotiated rulemaking procedures for Finance Commission agencies, consolidating these rules removes redundancy and places all relevant requirements into one section.
The department received no comments regarding the adoption of this amendment.
The adopted rule is authorized by Texas Finance Code, §12.113, which provides that the Commission by rule shall adopt a policy to encourage the use of negotiated rulemaking procedures.
Texas Finance Code, §12.113 is affected by the adopted repealed rule.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 19, 2026.
TRD-202604418
Robert K. Nichols, III
General Counsel
Finance Commission of Texas
Effective date: November 8, 2026
Proposal publication date: September 11, 2026
For further information, please call: (512) 475-1327
PART 5. OFFICE OF CONSUMER CREDIT COMMISSIONER
CHAPTER 83. REGULATED LENDERS AND CREDIT ACCESS BUSINESSES
SUBCHAPTER
B.
The Finance Commission of Texas (commission) adopts amendments to §83.3001 (relating to Definitions), §83.3002 (relating to Filing of New Application), §83.3003 (relating to Transfer of License; New License Application on Transfer of Ownership), §83.3006 (relating to Updating Application and Contact Information), §83.3007 (relating to Processing of Application), §83.3008 (relating to Relocation of Licensed Offices), §83.3009 (relating to License Inactivation or Voluntary Surrender), §83.3011 (relating to Applications and Notices as Public Records), §83.4002 (relating to License Term, Renewal, and Expiration), §83.4003 (relating to Denial, Suspension, or Revocation Based on Criminal History), and §83.5004 (relating to Files and Records Required); and adopts the repeal of §83.3004 (relating to Change in Form or Proportionate Ownership), §83.3005 (relating to Amendments to Pending Application), and §83.4001 (relating to License Display) in 7 TAC Chapter 83, concerning Regulated Lenders and Credit Access Businesses.
The commission adopts the amendments to §§83.3001, 83.3006, 83.3007, 83.3008, 83.4002, and 83.5004, and adopts the repeal of §§83.3004, 83.3005, and 83.4001, without changes to the proposed text as published in the September 4, 2026, issue of the Texas Register (51 TexReg 5955). These rules will not be republished.
The commission adopts the amendments to §§83.3002, 83.3003, 83.3009, 83.3011, and 83.4003 with changes to the proposed text as published in the September 4, 2026, issue of the Texas Register (51 TexReg 5955). These rules will be republished.
Summary of Adopted Rule Changes
The rules in 7 TAC Chapter 83, Subchapter B govern credit access businesses. In general, the purposes of the adopted rule changes to 7 Chapter 83, Subchapter B are to implement the OCCC's transition to the NMLS licensing system for credit access businesses, to remove rule text that is no longer necessary, and to make other technical corrections and updates related to licensing and recordkeeping. The adopted rule changes also incorporate recommendations from the Texas Regulatory Efficiency Office.
Adopted amendments and repeals in §83.3001 through §83.4003 implement the OCCC's transition to the NMLS system. The Nationwide Multistate Licensing System (NMLS) is an online platform used by state financial regulatory agencies to manage licenses, including license applications and renewals. NMLS was created in 2008. The federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 explains that the purposes of NMLS include increasing uniformity and reducing regulatory burden. SAFE Act, 12 USC §5101. Each state currently uses NMLS for licensing individual RMLOs, and states are increasingly using the system to license consumer finance companies. NMLS is managed by the Conference of State Bank Supervisors and is subject to ongoing modernization efforts and enhancements.
Under Texas Finance Code, §14.109, the OCCC is authorized to require use of NMLS for certain license and registration types, including credit access business licenses under Texas Finance Code, Chapter 393. The OCCC has begun a phased process of migrating license groups from ALECS (the OCCC's previous licensing platform) to NMLS. In 2026, a majority of licensed credit access businesses completed their transition to NMLS. The OCCC believes that moving to NMLS will improve the user experience of the licensing system and promote efficiency. This is particularly true for entities that hold licenses with the OCCC and with another state agency, because these entities will be able to manage multiple licenses through NMLS.
Adopted amendments to §83.3001 replace the term "principal party" with "key individual" to be consistent with the terminology in NMLS.
Adopted amendments to §83.3002 streamline license application requirements and refer to instructions that the OCCC has published through NMLS. Currently, §83.3002 contains a detailed list of license application items, with requirements that differ based on the applicant's entity type (e.g., partnership, corporation, limited liability company). In addition to ensuring consistency with NMLS, the amendments significantly simplify §83.3002, and ensure that an applicant can easily read and understand the rule. Since the proposal, additional changes have been made to §83.3002(b) and (c). First, a change has been made at §83.3002(b)(3) to simplify the text referring to a business operating plan. Second, a change has been made at §83.3002(b)(5) to simplify the rule by consolidating management and ownership information into a single organizational chart (rather than listing both a management chart and organizational chart). Third, changes have been made at §83.3002(b)(12) and §83.3002(c)(4) to correct references to §83.3003 and add a missing period. An amendment at §83.3002(d) explains that the OCCC may require additional, clarifying, or supplemental information to determine that the applicant meets statutory licensing requirements. An amendment at §83.3002(e) explains that an applicant must immediately amend a pending application if any information changes requiring a materially different response, replacing language that will be removed from §83.3006(a), as explained later in this preamble.
Adopted amendments to §83.3003 streamline and simplify requirements for transfer of ownership and license transfer to ensure consistency with NMLS. In §83.3003(b)(3), amendments to the definition of "transfer of ownership" streamline the definition of "transfer of ownership" while maintaining references to changes in management or control of a business, and also maintaining current exclusions relating to changes in proportionate ownership and relocations of transactions. Going forward in NMLS, the OCCC anticipates that changes to the identifies of a single company's owners will be handled through the advance change notice process, as explained later in this preamble in the discussion of adopted amendments to §83.3006. An amendment to §83.3003(c) explains that to transfer a license, a transferor may request surrender of its license after the OCCC approves the transferee's new license application on transfer of ownership. Since the proposal, a change has been made to §83.3003(e)(5)(C) to specify that a request for permission to operate must include an acknowledgment that upon approval, the transferor will immediately "request surrender or inactivation" of its license, ensuring consistency with the revised surrender process in §83.3009. Other amendments throughout §83.3003 ensure consistency with this revised transfer process. Since the proposal, changes have been made throughout §83.3003 to use the phrase "of this section" after each reference to another subsection of §83.3003, in order to comply with Texas Register guidelines.
The adoption repeals §83.3004, which currently requires licensees to notify the OCCC of changes to organizational form, mergers resulting in creation of a new or different surviving entity, and certain changes in proportionate ownership. Going forward in NMLS, the OCCC anticipates that these changes will be handled through the advance change notice process, as explained later in this preamble in the discussion of adopted amendments to §83.3006. Therefore, §83.3004 will no longer be necessary.
The adoption repeals §83.3005, which currently requires license applicants to provide supplemental information to the OCCC on request. Because of the adopted amendment at §83.3002(d) explaining the OCCC may require additional information, §83.3005 will no longer be necessary.
Adopted amendments to §83.3006 consolidate and simplify the types of required notifications that a licensee must provide to the OCCC when a change occurs. In §83.3006(a), the amendments list advance change notices. NMLS uses the term "advance change notice" to refer to notifications that must be provided on or before the date of the change, in accordance with an agency's written instructions. As explained in the adopted amendments to §83.3006(a), this includes changes to the legal name of the entity, the legal status of the entity, names of key individuals, branch location addresses, and other listed items. In §83.3006(b), amendments list notifications that are required not later than 30 days after the licensee has knowledge of the information. These items include bankruptcies of the licensee or its direct owners, because a bankruptcy is a significant event that may impact the financial responsibilities of a licensee and its ability to address compliance issues. These items also include notifications of data breaches affecting at least 250 Texas residents. Data security is a crucial issue. The OCCC's 2027-2031 strategic plan includes action items to "[p]romote cybersecurity awareness and best practices among regulated entities" and "[m]onitor cybersecurity incidents and remediation efforts reported by regulated entities." Recent data breaches affecting financial institutions highlight the urgent need for vigilance in this industry. The notification amendments will help ensure that the OCCC can monitor this crucial issue.
Adopted amendments to §83.3007 revise license application processing requirements to be consistent with NMLS and with the statute at Texas Finance Code, §393.607. An amendment at §83.3007(d) explains that a license application may be considered withdrawn if a complete application has not been filed within 30 days after a notice of deficiency has been sent to the applicant, consistent with how license applications are processed in NMLS. Amendments at §83.3007(d) specify that if the eligibility requirements for a license have not been met, the OCCC will send a notice of intent to deny the license application, as described by Texas Finance Code, §393.607(b). An amendment removes current §83.3007(f), regarding disposition of fees, because this language unnecessarily duplicates language in §83.3010 (regarding Fees). Amendments to §83.3007(f) clarify the 30-day target period to process a license application and the 30-day target period to set a requested hearing on an application denial, in accordance with Texas Finance Code, §393.607(c)-(d).
Adopted amendments to §83.3008 revise requirements for notice of relocation of licensed offices. The adoption removes current §83.3008(a), because the requirement to notify the OCCC of a branch office relocation is being moved to §83.3006(a) as an advance change notice, as discussed earlier in this preamble.
Adopted amendments to §83.3009 revise requirements for license surrender. The amendments explain that a licensee may surrender a license by providing the information required by the OCCC's written instruction, in accordance with Texas Finance Code, §393.617, and that a surrender is effective when the OCCC approves the surrender. Since the proposal, a change has been made to the last sentence of §83.3009(c) to specify that an approved surrender will result in cancellation of the license.
Adopted amendments to §83.3011 remove a sentence about the return of original documents filed with a license application. This sentence is no longer necessary because the OCCC no longer accepts original paper documents with a license application. Since the proposal, a change has been made to correct the name of the Texas State Library and Archives Commission in §83.3011.
The adoption repeals §83.4001, which describes the requirement to display a license. This section is unnecessary because it duplicates the statutory license display requirement at Texas Finance Code, §393.610. Going forward, licensees may comply with the statutory license display requirement by printing out company license information from NMLS.
Adopted amendments to §83.4002 revise requirements for license renewal. An amendment at §83.4002(b) explains that a licensee must maintain an active account in NMLS (or a designated successor system) in order to maintain and renew a license, and that renewal may be unavailable to a licensee that fails to maintain an active account. An amendment at §83.4002(d) specifies that the OCCC may send notice of delinquency of an annual assessment fee electronically through NMLS or by email to the primary company contact, removing current language that refers to a "master file" address under the OCCC's current system.
Adopted amendments to §83.4003 would revise criminal history review requirements to explain that the OCCC will obtain criminal history record information through NMLS and to use the term "key individual." Since the proposal, a change has been made to replace the term "principal parties" with "key individuals" in §83.4003(a).
Adopted amendments to §83.5004 update recordkeeping requirements for credit access businesses. Currently, provisions throughout §83.5004 refer to both paper and electronic recordkeeping systems. Amendments throughout §83.5004 simplify and rearrange this language to refer to electronic recordkeeping systems before referring to paper systems, based on licensees' increasing use of electronic systems rather than paper systems. Amendments at §83.5004(5) merge provisions related to websites and advertising, and include common language for the retention period, in order to make these provisions more concise and easier to understand. Additional amendments to §83.5004 relate to data security recordkeeping. An amendment at §83.5004(10)(A) specifies that licensees must maintain written policies and procedures for an information security program to protect consumers' customer information, as required by the Federal Trade Commission's Safeguards Rule, 16 C.F.R. part 314. Another amendment at §83.5004(10)(B) specifies that if a licensee maintains customer information concerning 5,000 or more consumers, then the licensee must maintain a written incident response plan and written risk assessments, as required by 16 C.F.R. §314.4. An amendment at §83.5004(11) specifies that licensees must maintain data breach notifications to consumers and to the Office of the Attorney General under Texas Business & Commerce Code, §521.053. As discussed earlier in this preamble, data security is a crucial issue. The adopted data security recordkeeping amendments will help ensure that the OCCC can monitor this crucial issue.
Public Comments
The OCCC distributed an early precomment draft of proposed changes to interested stakeholders for review. The OCCC received one precomment from an association of credit access businesses, which supported the proposed changes. The OCCC appreciates the thoughtful input of stakeholders.
The OCCC received no official comments on the proposed rule changes after publication in the Texas Register.
DIVISION 3. APPLICATION PROCEDURES
7 TAC §§83.3001 - 83.3003, 83.3006 - 83.3009, 83.3011Statutory Authority and Affected Provisions
The rule changes are adopted under Texas Finance Code, §393.622, which authorizes the commission to adopt rules to enforce and administer Texas Finance Code, Chapter 393, Subchapter G. In addition, the rule changes relating to the NMLS transition are adopted under Texas Finance Code, §14.109, which authorizes the OCCC to require that a person submit information through NMLS if the information is required under a rule adopted under Texas Finance Code, Chapter 393. The rule changes relating to the NMLS transition are also adopted under Texas Finance Code, §11.304, which authorizes the commission to adopt rules to ensure compliance with Texas Finance Code, Chapter 14, which includes Texas Finance Code, §14.109.
The statutory provisions affected by the adoption are contained in Texas Finance Code, Chapter 393.
§83.3002.
(a) NMLS. In order to submit a credit access business license application, an applicant must submit a complete, accurate, and truthful license application through NMLS (or a successor system designated by the OCCC), using the current form prescribed by the OCCC. An application is complete when it conforms to the OCCC's written instructions and necessary fees have been paid. The OCCC has made application checklists available through NMLS, outlining the necessary information for a license application.
(b) Company license application. A company license application will include the following information and any other information listed in the OCCC's written instructions:
(1) A company form including the name of the applicant entity, contact information, registered agent, location of books and records, bank account information, legal status, and responses to disclosure questions.
(2) An individual form for each key individual, including name, contact information, and responses to disclosure questions.
(3) A business operating plan.
(4) An organizational chart showing the applicant's management divisions, officers, and ownership information for any affiliates, subsidiaries, and parent companies.
(5) A statement of experience detailing prior experience relevant to the license sought.
(6) A certificate of formation or other formation document.
(7) Any assumed names or other trade names that the applicant will use, and an assumed name certificate for each assumed name or other trade name.
(8) Franchise tax account information showing that the applicant entity is authorized to do business in Texas.
(9) Financial statement and supporting financial information complying with generally accepted accounting principles (GAAP). The OCCC may require a bank confirmation to confirm account balance information with financial institutions.
(A) If a financial statement is unaudited, then it should be dated no earlier than 90 days before the application date.
(B) If a financial statement is audited, then it should be dated no earlier than one year before the application date.
(10) The applicant's credit services organization certificate issued by the Texas Secretary of State.
(11) The name, physical address, and phone number of each third-party lender organization with which the applicant contracts to provide services or from which the business arranges extensions of consumer credit, as described by Texas Finance Code, §393.604(a)(4).
(12) For a license application involving a transfer of ownership, documentation of the transfer of ownership as described by §83.3003 of this title (relating to Transfer of License; New License Application on Transfer of Ownership).
(c) Branch license application. A branch license application will include the following information and any other information listed in the OCCC's written instructions:
(1) A branch form including the address of the branch, contact details, and business activities.
(2) Any assumed name or other trade name that the applicant will use, and an assumed name certificate for each assumed name or other trade name.
(3) A financial statement and supporting financial information, as described by subsection (b)(9) of this section.
(4) For a license application involving a transfer of ownership, documentation of the transfer of ownership as described by §83.3003 of this title.
(d) Supplemental information. The OCCC may require additional, clarifying, or supplemental information or documentation as necessary or appropriate to determine that an applicant meets the licensing requirements of Texas Finance Code, Chapter 393.
(e) Amendments to pending application. An applicant must immediately amend a pending application if any information changes requiring a materially different response from information provided in the original application.
§83.3003.
(a) Purpose. This section describes the license application requirements when a licensed entity transfers ownership of the entity. If a transfer of ownership occurs, the transferee must submit a new license application on transfer of ownership under this section.
(b) Definitions. The following words and terms, when used in this section, will have the following meanings:
(1) License transfer--A sale, assignment, or transfer of a credit access business license.
(2) Permission to operate--A temporary authorization from the OCCC, allowing a transferee to operate under a transferor's license while final approval is pending for a license transfer application or a new license application on transfer of ownership.
(3) Transfer of ownership--Any purchase or acquisition of control of a licensed entity (including acquisition by gift, devise, or descent), or a substantial portion of a licensed entity's assets, where a substantial change in management or control of the business occurs. The term does not include a change in proportionate ownership that results in the exact same owners still owning the business (unless an owner that previously held less than 10% obtains an interest of 10% or more). Transfer of ownership includes the following:
(A) an existing owner of a sole proprietorship relinquishes that owner's entire interest in a license or an entirely new entity has obtained an ownership interest in a sole proprietorship license;
(B) any transfer of a substantial portion of the assets of a licensed entity under which a new entity controls business at a licensed location; and
(C) any other purchase or acquisition of control of a licensed entity, or a substantial portion of a licensed entity's assets, where a substantial change in management or control of the business occurs.
(4) Transferee--The entity that controls business at a licensed location after a transfer of ownership.
(5) Transferor--The licensed entity that controls business at a licensed location before a transfer of ownership.
(c) License transfer approval. No credit access business license may be sold, transferred, or assigned without the written approval of the OCCC, as provided by Texas Finance Code, §393.620. To transfer a license, a transferor may request surrender after the OCCC approves the transferee's new license application on transfer of ownership. A license transfer is complete when the OCCC has approved the transferee's new license application and the transferor's license surrender.
(d) Timing. No later than 30 days after the event of a transfer of ownership, the transferee must file a complete new license application on transfer of ownership in accordance with subsection (e) of this section. A transferee may file an application before this date.
(e) Application requirements.
(1) Generally. This subsection describes the application requirements for a new license application on transfer of ownership. A transferee must submit the application in a format prescribed by the OCCC. The OCCC may accept prescribed alternative formats to facilitate multistate uniformity of applications or in order to accept approved electronic submissions. The transferee must pay appropriate fees in connection with the application.
(2) Documentation of transfer of ownership. The application must include documentation evidencing the transfer of ownership. The documentation should include one or more of the following:
(A) a copy of the asset purchase agreement when only the assets have been purchased;
(B) a copy of the purchase agreement or other evidence relating to the acquisition of the equity interest of a licensee that has been purchased or otherwise acquired;
(C) any document that transferred ownership by gift, devise, or descent, such as a probated will or a court order; or
(D) any other documentation evidencing the transfer event.
(3) Application information for new licensee. If the transferee does not hold a credit access business license at the time of the application, then the application must include the information required for new license applications under §83.3002 of this title (relating to Filing of New Application). The instructions in §83.3002 of this title apply to these filings.
(4) Application information for transferee that holds a license. If the transferee holds a credit access business license at the time of the application, then the application must include amendments to the transferee's original license application describing the information that is unique to the transfer event, including disclosure questions, owners and principal parties, and a new financial statement, as provided in §83.3002 of this title. The instructions in §83.3002 of this title apply to these filings. The responsible person at the new location must file a personal affidavit, personal questionnaire, and employment history, if not previously filed. Other information required by §83.3002 of this title need not be filed if the information on file with the OCCC is current and valid.
(5) Request for permission to operate. The application may include a request for permission to operate. The request must be in writing and signed by the transferor and transferee. The request must include all of the following:
(A) a statement by the transferor granting authority to the transferee to operate under the transferor's license while final approval of the application is pending;
(B) an acknowledgement that the transferor and transferee each accept responsibility to any consumer and to the OCCC for any acts performed under the license while the permission to operate is in effect; and
(C) if the application is a new license application on transfer of ownership, an acknowledgement that the transferor will immediately request surrender or inactivation of its license if the OCCC approves the application.
(f) Permission to operate. If the application described by subsection (e) of this section includes a request for permission to operate and all required information, and the transferee has paid all fees required for the application, then the OCCC may issue a permission to operate to the transferee. A request for permission to operate may be denied even if the application contains all of the required information. The denial of a request for permission to operate does not create a right to a hearing. If the OCCC grants a permission to operate, the transferor must cease operating under the authority of the license. Two companies may not simultaneously operate under a single license. A permission to operate terminates if the OCCC denies an application described by subsection (e) of this section.
(g) Transferee's authority to engage in business. If a transferee has filed a complete application including a request for permission to operate as described by subsection (e) of this section, by the deadline described by subsection (d) of this section, then the transferee may engage in business as a credit access business. However, the transferee must immediately cease doing business if the OCCC denies the request for permission to operate or denies the application. If the OCCC denies the application, then the transferee has a right to a hearing on the denial, as provided by §83.3007(d) of this title (relating to Processing of Application).
(h) Responsibility.
(1) Responsibility of transferor. Before the transferee begins performing credit access business activity under a license, the transferor is responsible to any consumer and to the OCCC for all credit access business activity performed under the license.
(2) Responsibility of transferor and transferee. If a transferee begins performing credit access business activity under a license before the OCCC's final approval of an application described by subsection (e) of this section, then the transferor and transferee are each responsible to any consumer and to the OCCC for activity performed under the license during this period.
(3) Responsibility of transferee. After a transferee begins performing credit access business activity under a license, the transferee is responsible to any consumer and to the OCCC for all credit access business activity performed under the license. The transferee is responsible for any transactions that it purchases from the transferor. In addition, if the transferee receives a license transfer, then the transferee's responsibility includes all activity performed under the license before the license transfer.
§83.3009.
(a) Inactivation of active license. A licensee may cease operating under a credit access business license and choose to inactivate the license. A license may be inactivated by giving notice of the cessation of operations not less than 30 calendar days prior to the anticipated inactivation date. Notification must be provided by filing a license amendment or an approved electronic submission as prescribed by the OCCC. The notice must include the new mailing address for the license, the effective date of the inactivation, and the fee for amending the license. A licensee must continue to pay the yearly renewal fees for an inactive license as outlined in §83.3010 of this title (relating to Fees), or the license will expire as described by §83.4002 of this title (relating to License Term and Annual Renewal).
(b) Activation of inactive license. A licensee may activate an inactive license by giving notice of the intended activation not less than 30 calendar days prior to the anticipated activation date. Notification must be provided by filing a license amendment or an approved electronic submission as prescribed by the OCCC. The notice must include the contemplated new address of the licensed office, the approximate date of activation, and the fee for amending the license as outlined in §83.3010 of this title.
(c) Voluntary surrender of license. Subject to §83.4005(b) of this title (relating to Effect of Revocation, Suspension, or Surrender of License), a licensee may request voluntary surrender of a license by providing the information required by the OCCC's written instructions. A surrender is effective when the OCCC approves the surrender. An approved surrender will result in cancellation of the license.
§83.3011.
Once a license application or notice is filed with the OCCC, it becomes a "state record" under Texas Government Code, §441.180(11), and "public information" under Government Code, §552.002. Under Government Code, §441.190, §441.191 and §552.004, the original applications and notices must be preserved as "state records" and "public information" unless destroyed with the approval of the director and librarian of the Texas State Library and Archives Commission under Government Code, §441.187. An individual may request copies of a state record under the authority of the Texas Public Information Act, Government Code, Chapter 552.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 16, 2026.
TRD-202604409
Matthew Nance
General Counsel
Office of Consumer Credit Commissioner
Effective date: November 5, 2026
Proposal publication date: September 4, 2026
For further information, please call: (512) 936-7660
7 TAC §83.3004, §83.3005
The rule changes are adopted under Texas Finance Code, §393.622, which authorizes the commission to adopt rules to enforce and administer Texas Finance Code, Chapter 393, Subchapter G. In addition, the rule changes relating to the NMLS transition are adopted under Texas Finance Code, §14.109, which authorizes the OCCC to require that a person submit information through NMLS if the information is required under a rule adopted under Texas Finance Code, Chapter 393. The rule changes relating to the NMLS transition are also adopted under Texas Finance Code, §11.304, which authorizes the commission to adopt rules to ensure compliance with Texas Finance Code, Chapter 14, which includes Texas Finance Code, §14.109.
The statutory provisions affected by the adoption are contained in Texas Finance Code, Chapter 393.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 16, 2026.
TRD-202604410
Matthew Nance
General Counsel
Office of Consumer Credit Commissioner
Effective date: November 5, 2026
Proposal publication date: September 4, 2026
For further information, please call: (512) 936-7660
DIVISION 4. LICENSE
7 TAC §83.4001The rule changes are adopted under Texas Finance Code, §393.622, which authorizes the commission to adopt rules to enforce and administer Texas Finance Code, Chapter 393, Subchapter G. In addition, the rule changes relating to the NMLS transition are adopted under Texas Finance Code, §14.109, which authorizes the OCCC to require that a person submit information through NMLS if the information is required under a rule adopted under Texas Finance Code, Chapter 393. The rule changes relating to the NMLS transition are also adopted under Texas Finance Code, §11.304, which authorizes the commission to adopt rules to ensure compliance with Texas Finance Code, Chapter 14, which includes Texas Finance Code, §14.109.
The statutory provisions affected by the adoption are contained in Texas Finance Code, Chapter 393.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 16, 2026.
TRD-202604411
Matthew Nance
General Counsel
Office of Consumer Credit Commissioner
Effective date: November 5, 2026
Proposal publication date: September 4, 2026
For further information, please call: (512) 936-7660
7 TAC §83.4002, §83.4003
The rule changes are adopted under Texas Finance Code, §393.622, which authorizes the commission to adopt rules to enforce and administer Texas Finance Code, Chapter 393, Subchapter G. In addition, the rule changes relating to the NMLS transition are adopted under Texas Finance Code, §14.109, which authorizes the OCCC to require that a person submit information through NMLS if the information is required under a rule adopted under Texas Finance Code, Chapter 393. The rule changes relating to the NMLS transition are also adopted under Texas Finance Code, §11.304, which authorizes the commission to adopt rules to ensure compliance with Texas Finance Code, Chapter 14, which includes Texas Finance Code, §14.109.
The statutory provisions affected by the adoption are contained in Texas Finance Code, Chapter 393.
§83.4003.
(a) Criminal history record information. After an applicant submits a complete license application, including all required fingerprints, and pays the fees required by §83.3010 of this title (relating to Fees), the OCCC will investigate the applicant and its key individuals. The OCCC will obtain criminal history record information through NMLS. The OCCC will continue to receive information on new criminal activity reported after the license application has been initially processed.
(b) Disclosure of criminal history. The applicant must disclose all criminal history information required to file a complete application with the OCCC. Failure to provide any information required as part of the application or requested by the OCCC reflects negatively on the belief that the business will be operated lawfully and fairly. The OCCC may request additional criminal history information from the applicant, including the following:
(1) information about arrests, charges, indictments, and convictions of the applicant and its key individuals;
(2) reliable documents or testimony necessary to make a determination under subsection (c) of this section, including letters of recommendation from prosecution, law enforcement, and correctional authorities;
(3) proof that the applicant has maintained a record of steady employment, has supported the applicant's dependents, and has otherwise maintained a record of good conduct; and
(4) proof that all outstanding court costs, supervision fees, fines, and restitution as may have been ordered have been paid or are current.
(c) Crimes directly related to licensed occupation. The OCCC may deny a license application, or suspend or revoke a license, if the applicant or licensee has been convicted of an offense that directly relates to the duties and responsibilities of a credit access business, as provided by Texas Occupations Code, §53.021(a)(1).
(1) Providing credit access business services involves or may involve making representations to consumers regarding the terms of the contract, receiving money from consumers, remitting money to third parties, maintaining accounts, repossessing property without a breach of the peace, maintaining goods that have been repossessed, collecting due amounts in a legal manner, and compliance with reporting requirements to government agencies. Consequently, the following crimes are directly related to the duties and responsibilities of a licensee and may be grounds for denial, suspension, or revocation:
(A) theft;
(B) assault;
(C) any offense that involves misrepresentation, deceptive practices, or making a false or misleading statement (including fraud or forgery);
(D) any offense that involves breach of trust or other fiduciary duty;
(E) any criminal violation of a statute governing credit transactions or debt collection;
(F) failure to file a government report, filing a false government report, or tampering with a government record;
(G) any greater offense that includes an offense described in subparagraphs (A) - (F) of this paragraph as a lesser included offense;
(H) any offense that involves intent, attempt, aiding, solicitation, or conspiracy to commit an offense described in subparagraphs (A) - (G) of this paragraph.
(2) In determining whether a criminal offense directly relates to the duties and responsibilities of holding a license, the OCCC will consider the following factors, as specified in Texas Occupations Code, §53.022:
(A) the nature and seriousness of the crime;
(B) the relationship of the crime to the purposes for requiring a license to engage in the occupation;
(C) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;
(D) the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities of a licensee; and
(E) any correlation between the elements of the crime and the duties and responsibilities of the licensed occupation.
(3) In determining whether a conviction for a crime renders an applicant or a licensee unfit to be a licensee, the OCCC will consider the following factors, as specified in Texas Occupations Code, §53.023:
(A) the extent and nature of the person's past criminal activity;
(B) the age of the person when the crime was committed;
(C) the amount of time that has elapsed since the person's last criminal activity;
(D) the conduct and work activity of the person before and after the criminal activity;
(E) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release, or following the criminal activity if no time was served;
(F) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; and
(G) evidence of the person's current circumstances relating to fitness to hold a license, which may include letters of recommendation.
(d) Crimes related to character and fitness. The OCCC may deny a license application if the OCCC does not find that the financial responsibility, experience, character, and general fitness of the applicant are sufficient to command the confidence of the public and warrant the belief that the business will be operated lawfully and fairly, as provided by Texas Finance Code, §393.607(a). In conducting its review of character and fitness, the OCCC will consider the criminal history of the applicant and its key individuals. If the applicant or a key individual has been convicted of an offense described by subsections (c)(1) or (f)(1) of this section, this reflects negatively on an applicant's character and fitness. The OCCC may deny a license application based on other criminal history of the applicant or its key individuals if, when the application is considered as a whole, the agency does not find that the financial responsibility, experience, character, and general fitness of the applicant are sufficient to command the confidence of the public and warrant the belief that the business will be operated lawfully and fairly. The OCCC will, however, consider the factors identified in subsection (c)(2) - (3) of this section in its review of character and fitness.
(e) Revocation on imprisonment. A license will be revoked on the licensee's imprisonment following a felony conviction, felony community supervision revocation, revocation of parole, or revocation of mandatory supervision, as provided by Texas Occupations Code, §53.021(b).
(f) Other grounds for denial, suspension, or revocation. The OCCC may deny a license application, or suspend or revoke a license, based on any other ground authorized by statute, including the following:
(1) a conviction for an offense listed in Texas Code of Criminal Procedure, art. 42A.054, or art. 62.001(6), as provided by Texas Occupations Code, §53.021(a)(2) - (3);
(2) errors or incomplete information in the license application;
(3) a fact or condition that would have been grounds for denying the license application, and that either did not exist at the time of the application or the OCCC was unaware of at the time of application, as provided by Texas Finance Code, §393.614(a)(3); and
(4) any other information warranting the belief that the business will not be operated lawfully and fairly, as provided by Texas Finance Code, §393.607(a) and §393.614(a).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 16, 2026.
TRD-202604412
Matthew Nance
General Counsel
Office of Consumer Credit Commissioner
Effective date: November 5, 2026
Proposal publication date: September 4, 2026
For further information, please call: (512) 936-7660
DIVISION 5. OPERATIONAL REQUIREMENTS
7 TAC §83.5004The rule changes are adopted under Texas Finance Code, §393.622, which authorizes the commission to adopt rules to enforce and administer Texas Finance Code, Chapter 393, Subchapter G. In addition, the rule changes relating to the NMLS transition are adopted under Texas Finance Code, §14.109, which authorizes the OCCC to require that a person submit information through NMLS if the information is required under a rule adopted under Texas Finance Code, Chapter 393. The rule changes relating to the NMLS transition are also adopted under Texas Finance Code, §11.304, which authorizes the commission to adopt rules to ensure compliance with Texas Finance Code, Chapter 14, which includes Texas Finance Code, §14.109.
The statutory provisions affected by the adoption are contained in Texas Finance Code, Chapter 393.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 16, 2026.
TRD-202604413
Matthew Nance
General Counsel
Office of Consumer Credit Commissioner
Effective date: November 5, 2026
Proposal publication date: September 4, 2026
For further information, please call: (512) 936-7660