Sec. 398.003. EXEMPTIONS. This chapter does not apply to a provider or broker that is: (1) a bank, out-of-state bank, bank holding company, credit union, federal credit union, out-of-state credit union, or any subsidiary or affiliate of those financial institutions; (2) a person acting in the capacity of a technology services provider to an entity exempt under this section as part of the exempt entity's commercial sales-based financing program if the person has no interest, arrangement, or agreement to purchase any interest in the commercial sales-based financing extended in connection with the program; (3) a lender regulated under the Farm Credit Act of 1971 (12 U.S.C. Section 2001 et seq.); or (4) a person who extends or brokers: (A) a commercial sales-based financing transaction secured by real property; (B) a lease, as defined by Section 2A.103 , Business & Commerce Code; (C) a commercial sales-based financing transaction entered into under a commercial sales-based financing agreement or commercial open-end credit plan of $50,000 or more in which the recipient is: (i) a dealer, as defined by Section 503.001 , Transportation Code; or (ii) a motor vehicle rental company or an affiliate of a motor vehicle rental company; or (D) a commercial sales-based financing transaction in connection with the sale of products or services that: (i) the person manufactures, licenses, or distributes; or (ii) a parent company, subsidiary, or affiliate of the person described by Subparagraph (i) manufactures, licenses, or distributes.
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