REGISTRATION OF CREDIT ACCESS BUSINESSES.

Austin City Code tit. 4, ch. 4-12, art. 2

in effect

Austin City Code § 4-12-10 REGISTRATION REQUIRED.

§ 4-12-10 - REGISTRATION REQUIRED. (A) A person may not operate or conduct business as a credit services organization or as a credit access business without a valid certificate of registration. (B) A certificate of registration is required for each credit services organization or each credit access business at each location where the credit services organization or credit access business operates or conducts business. (C) A person operating or conducting a business as both a credit services organization and a credit access business at the same location may obtain one certificate of registration per location. Source: Ord. 20110818-075; Ord. No. 20200521-028, Pt. 4, 6-1-20; Ord. No. 20200730-004, Pt. 4, 8-10-20.

Austin City Code § 4-12-11 REGISTRATION APPLICATION.

§ 4-12-11 - REGISTRATION APPLICATION. (A) To obtain a certificate of registration for a credit services organization or a credit access business, a person must submit an application on a form provided for that purpose to the director. The application must contain the following: (1) the business or trade name, street address, mailing address, facsimile number, and telephone number of the credit services organization or credit access business; (2) the names, street addresses, mailing addresses, and telephone numbers of all owners of the credit services organization or the credit access business and other persons with a financial interest in the credit services organization or credit access business, and the nature and extent of each person's interest in the credit services organization or credit access business; (3) a copy of a current, valid state license held by the credit access business pursuant to Section 393.603, Texas Finance Code; (4) a copy of an unexpired, valid state registration statement submitted by the credit services organization pursuant to Section 393.101, Texas Finance Code, including any updates filed as required by Section 393.102, Texas Finance Code; (5) a copy of a current, valid certificate of occupancy showing that the credit services organization or the credit access business complies with City Code Title 25 (Land Development Code); (6) a non-refundable application fee that is set by separate ordinance; and (7) if a publicly traded company, the name of the registered agent for service of process in Texas. (B) A credit services organization or credit access business shall notify the director in writing at least 10 days before making any material change in its business operations. A material change includes changes to the information contained in the application for a certificate of registration, any change of address, business ownership or equity interest, store location, type of loan products offered, operating status, bankruptcy filings, closure of a store, and any change in the status of the state license held or the state registration statement submitted by the credit services organization or credit access business that has applied for or that currently holds a certificate of registration. Source: Ord. 20110818-075; Ord. No. 20151217-073, Pt. 1, 12-28-15; Ord. No. 20200521-028, Pts. 2, 4, 6-1-20; Ord. No. 20200730-004, Pts. 2, 4, 8-10-20.

Austin City Code § 4-12-12 ISSUANCE AND DISPLAY OF CERTIFICATE OF REGISTRATION; PRESENTMENT UPON REQUEST.

§ 4-12-12 - ISSUANCE AND DISPLAY OF CERTIFICATE OF REGISTRATION; PRESENTMENT UPON REQUEST. (A) The director shall issue to a credit services organization or a credit access business a certificate of registration for each location upon receiving a completed application under Section 4-12-11 (Registration Application). (B) A certificate of registration issued under this section must be conspicuously displayed to the public in the credit services organization or the credit access business. The certificate of registration must be presented upon request to the director or the director's designee for examination. Source: Ord. 20110818-075; Ord. No. 20200521-028, Pts. 2, 4, 6-1-20; Ord. No. 20200730-004, Pts. 2, 4, 8-10-20.

Austin City Code § 4-12-13 EXPIRATION AND RENEWAL OF CERTIFICATE OF REGISTRATION.

§ 4-12-13 - EXPIRATION AND RENEWAL OF CERTIFICATE OF REGISTRATION. (A) A certificate of registration expires on the earlier of: (1) one year after the date of issuance; or (2) if the certificate of registration is held by a credit access business, on the date of expiration, revocation, or termination of the credit access business's state license. (B) A certificate of registration may be renewed by making application in accordance with Section 4-12-11 (Registration Application). A credit services organization or credit access business shall apply for renewal at least 30 days before the registration expires. Source: Ord. 20110818-075; Ord. No. 20200521-028, Pt. 4, 6-1-20; Ord. No. 20200730-004, Pt. 4, 8-10-20.

Austin City Code § 4-12-14 NONTRANSFERABLE.

§ 4-12-14 - NONTRANSFERABLE. A certificate of registration for a credit services organization or a credit access business is not transferable. Source: Ord. 20110818-075; Ord. No. 20200521-028, Pt. 4, 6-1-20; Ord. No. 20200730-004, Pt. 4, 8-10-20.

Austin City Code § 4-12-15 REVOCATION OF CERTIFICATE OF REGISTRATION.

§ 4-12-15 - REVOCATION OF CERTIFICATE OF REGISTRATION. (A) The director may revoke a certificate of registration if the director determines that a person: (1) made a false statement, in writing or orally, related to an application for a certificate of registration; (2) used a device, subterfuge, or pretense to evade the requirements of this chapter; or (3) engaged in serious or repeated violations of this chapter. (B) The director must give notice of the revocation to the credit services organization or the credit access business by regular mail and by certified mail, return receipt requested, at the address on the application for a certificate of registration. If the certified letter is returned as undelivered, the director must post the notice of revocation on the front door of the location of the credit services organization or the credit access business that is the subject of the revocation. (C) Not later than the 10 th day after the credit services organization or the credit access business receives notice of the revocation by the director, the credit services organization or the credit access business may file a notice of appeal with the director. The notice of appeal must be in writing, describe the decision being appealed, and state the reason why the revocation should be reversed. Failure to timely file the notice of appeal results in the revocation becoming final. (D) If a credit services organization or a credit access business timely files a notice of appeal under this section, the revocation is stayed. (E) The city manager or the city manager's designee shall act as a hearing officer and hear the appeal. The Texas Rules of Evidence do not apply at a hearing under this section. (F) The hearing officer shall hold the hearing not later than the 10 th day after the date the notice of the appeal is filed and shall render a written decision not later than 30 days after the hearing. (G) The hearing officer shall make a decision based on the preponderance of the evidence submitted and may affirm, reverse, or modify the action of the director. (H) The decision of the hearing officer is final. Source: Ord. No. 20151217-073, Pt. 2, 12-28-15; Ord. No. 20200521-028, Pts. 2, 4, 6-1-20; Ord. No. 20200730-004, Pts. 2, 4, 8-10-20.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT4BUREPERE_CH4-12RECRSEORCRACBU_ART2RECRACBUFetched: 10/27/2026