|(a) Definitions. The following words and terms, when
used in this section, will have the following meanings, unless the
context clearly indicates otherwise.
(1) Advisory letter--A letter by the commissioner or
an OCCC employee providing an informal advisory response to a question
concerning a provision of law. The term does not include:
(A) an official interpretation;
(B) an advisory bulletin addressed to a body of stakeholders;
(C) instructions for submitting required information
to the OCCC (e.g., annual report instructions);
(D) a report or study provided to the Texas Legislature
or the Finance Commission of Texas; or
(E) a letter sent in connection with an examination,
investigation, license or registration application, complaint, or
(2) Agency or OCCC--The Office of Consumer Credit Commissioner
of the State of Texas.
(3) Commissioner--The Consumer Credit Commissioner
of the State of Texas.
(4) Official interpretation--A letter issued by the
commissioner and approved by the Finance Commission of Texas under
Texas Finance Code, §14.108 interpreting a provision of Texas
Finance Code, Title 4, Subtitle A or B in light of relevant facts
provided by a requestor.
(b) Required information for official interpretation
request. Any person may submit a request for an official interpretation.
All requests must be directed to the commissioner and contain the
(1) Statement requesting official interpretation. The
requestor must state explicitly that an official interpretation approved
by the Finance Commission of Texas is desired.
(2) Description of transaction, facts, and legal issues.
The requestor must provide a concise description of the contemplated
transaction or activity, the legal issue raised, and all facts necessary
to reach a conclusion in the matter.
(3) Pending litigation. The requestor must state whether,
to the best of the requestor's knowledge, the issue to be considered
is an issue in pending litigation. Matters in litigation will ordinarily
not be answered.
(4) Fee. The agency will charge a $500 fee for an official
interpretation to compensate the agency for the expense involved in
researching and answering the request. The requestor should submit
the payment of $500 with the request. The agency may remit a partial
or full refund if deemed appropriate. The agency may waive the fee.
(5) Additional information. The requestor should identify
each provision of law involved, state the requestor's opinion of how
the legal issues should be resolved, and state the basis for that
opinion, including an analysis of any relevant court decisions or
related official interpretations.
(c) Processing an official interpretation request.
Within 10 business days of receiving a valid request under subsection
(b), the agency will file the request with the Texas
Register for publication. Within 31 calendar days of publication
in the Texas Register, any person
may submit briefs or proposals pertaining to the request.
(1) Official interpretation not issued. After publication
of a valid request for an official interpretation, the agency may
decline to issue an official interpretation. A summary of the agency's
reasons for deciding not to issue an official interpretation will
be published in the Texas Register.
(2) Approved official interpretation. If the agency
drafts an official interpretation, then the agency will present the
official interpretation to the Finance Commission of Texas for approval.
If the Finance Commission approves the official interpretation, then
within 10 business days of the approval, the agency will file a summary
of the official interpretation with the Texas
Register for publication. Copies of official interpretations
will contain a statement of approval and the date of action by the
(d) OCCC advisory letters. If the OCCC sends an advisory
letter concerning a provision of Texas Finance Code, Title 4, Subtitle
A or B, then the advisory letter will include the following statement:
"This advisory letter is not an official interpretation approved by
the Finance Commission of Texas. The requirements for requesting an
official interpretation are in Title 7, Section 1.201(b) of the Texas
|Source Note: The provisions of this §1.201 adopted to be effective September 5, 2002, 27 TexReg 8195; amended to be effective January 4, 2007, 31 TexReg 10756; amended to be effective September 6, 2012, 37 TexReg 6907; amended to be effective June 30, 2016, 41 TexReg 4635