1. (a) For the purposes of Texas Finance Code, §394.202(2) and §394.208(a)(2), a provider must be accredited by an independent, third-party accreditation organization that covers, at a minimum, competency in the following core areas:

   1. (1) service environment and planning;
   2. (2) service accessibility and delivery;
   3. (3) training and supervision;
   4. (4) quality management and improvement;
   5. (5) ethical standards; and
   6. (6) financial education.

2. (b) A provider must provide the name and contact information of the accreditation organization or program that certifies its counselors. The provider must maintain documentation of the certification of a provider's credit counselors, which must be submitted upon request by the commissioner. The commissioner may issue an order disapproving the accreditation organization or program if the commissioner determines that the organization or program does not provide comprehensive education training on the following:

   1. (1) alternatives available to resolve an indebted consumer's credit problems;
   2. (2) how to analyze a consumer's current financial condition;
   3. (3) budget development;
   4. (4) money management; and
   5. (5) wise use of credit.
3. (c) The provider's credit counselors must receive no commissions or bonuses based on the origination of a debt management services agreement, or sale of a counseling session, an educational program, or materials and supplies provided by the provider to the consumer.
4. (d) The provider must maintain documentation of individualized counseling and analysis that has been provided under Texas Finance Code, §394.208(a)(2).

Source Note:The provisions of this §88.304 adopted to be effective January 5, 2006, 30 TexReg 8863; amended to be effective September 6, 2007, 32 TexReg 5661.