Sec. 393.002. PERSONS NOT COVERED. (a) This chapter does not apply to: (1) a person: (A) authorized to make a loan or grant an extension of consumer credit under the laws of this state or the United States; and (B) subject to regulation and supervision by this state or the United States; (2) a lender approved by the United States secretary of housing and urban development for participation in a mortgage insurance program under the National Housing Act (12 U.S.C. Section 1701 et seq.); (3) a bank or savings association the deposits or accounts of which are eligible to be insured by the Federal Deposit Insurance Corporation or a subsidiary of the bank or association; (4) a credit union doing business in this state; (5) a nonprofit organization exempt from taxation under Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)); (6) a real estate broker or salesperson licensed under Chapter 1101 , Occupations Code, who is acting within the course and scope of that license; (7) an individual licensed to practice law in this state who is acting within the course and scope of the individual's practice as an attorney; (8) a broker-dealer registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission acting within the course and scope of that regulation; (9) a consumer reporting agency; (10) a person whose primary business is making loans secured by liens on real property; (11) a mortgage broker or loan officer licensed under Chapter 156 , Finance Code, who is acting within the course and scope of that license; or (12) an electronic return originator who: (A) is an authorized Internal Revenue Service e-file provider; and (B) makes, negotiates, arranges for, or transacts a loan that is based on a person's federal income tax refund on behalf of a bank, savings bank, savings and loan association, or credit union. (b) In an action under this chapter, a person claiming an exemption under this section has the burden of proving the exemption.
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