1. (a) For an individual to apply for exemption from licensing under this chapter as a qualifying individual under Texas Finance Code, §351.051(c)(2), the individual must provide a signed, dated, and notarized affidavit containing the following:

   1. (1) the individual's name and address;
   2. (2) the anticipated date of the property tax loan;
   3. (3) a description of the property by legal description, and if applicable, street address; and

   4. (4) a sworn statement that the individual is someone who:

      1. (A) is related to the property owner within the second degree of consanguinity or affinity, as determined under Texas Government Code, Chapter 573; or
      2. (B) makes five or fewer property tax loans in any consecutive 12-month period from the individual's own funds.
2. (b) Upon receipt of an affidavit fulfilling the requirements of subsection (a) of this section, the commissioner will issue a certificate of exemption to the individual.
3. (c) Individuals applying for exemption under Texas Finance Code, §351.051(c)(2) must submit an application according to this section for each property tax loan transaction.

Source Note:The provisions of this §89.206 adopted to be effective November 8, 2007, 32 TexReg 7918; amended to be effective September 5, 2013, 38 TexReg 5707; amended to be effective January 1, 2026, 50 TexReg 8552.