2025 Texas Statutes
Finance Code
Title 4 - Regulation of Interest, Loans, and Financed Transactions
Subtitle B - Loans and Financed Transactions
Chapter 352 - Tax Refund Anticipation Loans
Section 352.002. Restriction on Acting as Facilitator
Sec. 352.002. RESTRICTION ON ACTING AS FACILITATOR. (a) A person may not, individually or in conjunction or cooperation with another person, act as a facilitator unless the person is:
(1) engaged in the business of preparing tax returns, or employed by a person engaged in the business of preparing tax returns;
(2) primarily involved in financial services or tax preparations;
(3) authorized by the Internal Revenue Service as an e-file provider; and
(4) registered with the commissioner as a facilitator under Section 352.003.
(b) This section does not apply to:
(1) a bank, thrift, savings association, industrial bank, or credit union operating under the laws of the United States or this state;
(2) an affiliate that is a servicer of a person described by Subdivision (1) operating under the name of that person; or
(3) any person who acts solely as an intermediary and does not interact directly with a taxpayer in the making of the refund anticipation loan.
Added by Acts 2007, 80th Leg., R.S., Ch. 135 (H.B. 1344), Sec. 1, eff. September 1, 2007.
Renumbered from Finance Code, Section 351.002 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(17), eff. September 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.002(4), eff. September 1, 2009.
