Property Tax Lender Advertising Rules in Texas

Tax lenders & tax industry · Updated 2026-10-16

Property Tax Lender Advertising Rules in Texas

Information, not legal advice. Laws change; check the current statute or rule and talk to a Texas attorney before you act.

Texas property tax lenders find most of their borrowers through direct mail. The OCCC's 2025 consumer loan study says the industry relies on direct mail solicitation, web search results and repeat customers, and that owner information is generally public record that can be used in mail solicitations, subject to the advertising rules.

Those rules are short but strict. They come from two places: Finance Code §351.0023 (the statute) and 7 Texas Administrative Code §89.208 (the Finance Commission's rule). This article walks through both, with a checklist at the end.

The required notice

Every property tax lender that solicits loans by mail, e-mail, or other print or electronic media must put this notice on the first page of all solicitation materials, in at least 12-point boldface type (Finance Code §351.0023(a)):

YOUR TAX OFFICE MAY OFFER DELINQUENT TAX INSTALLMENT PLANS THAT MAY BE LESS COSTLY TO YOU. YOU CAN REQUEST INFORMATION ABOUT THE AVAILABILITY OF THESE PLANS FROM THE TAX OFFICE.

Radio and TV ads must say the same words in the broadcast (§351.0023(b)).

The statute says "substantially similar," but most lenders use the exact text. Leaving the notice off is, by rule, a false, deceptive or misleading advertisement (7 TAC §89.208(b)(1)). The installment plans it refers to are real; see Installment agreements with Texas tax offices.

Rates and terms

• No false, misleading or deceptive statement about a rate, term or condition (§351.0023(c)).
• If an ad mentions a rate or charge, it must state it fully and clearly. A finance-charge rate must be given as an "annual percentage rate", with a statement that the APR may increase after signing, if that is possible. A simple annual rate may appear next to the APR, but not more prominently (§351.0023(d)).
• If an ad mentions the number of payments, repayment period, payment amount or finance charges, it must also give the full repayment terms (including any balloon), the APR, and the may-increase statement if it applies (§351.0023(e)).
• APR and repayment terms are calculated under the Truth in Lending Act and Regulation Z, 12 C.F.R. §1026.24 (7 TAC §89.208(h)).
• An ad that offers both fixed and variable loans must label them "Fixed Rate" and "Adjustable Rate" (or "Variable Rate") with equal prominence (§89.208(g)). "Fixed" may not describe a payment that will rise (§89.208(b)(8)).

Banned words and claims

Rule 89.208(b) lists things that make an ad false, deceptive or misleading. An ad may not:

• Offer rates, terms or conditions the lender does not actually make in a reasonable number of loans.
• Promise ease, speed, "no credit check," or other service features the lender will not deliver.
• Use phrases such as "most trusted," "property tax lawsuit notification," "lowest rates," "lowest costs," "quickest service," "easy payments," or "repayment in easy installments."
• Say "pre-approved" or "approved" unless the offer is unconditional.
• Fail to clearly show the lender's name. The ad must use the name the lender is licensed under (§89.208(b)(3), (c)).

The lawsuit rule (30 days)

An ad may not say or imply that the owner has been sued or will be sued by the taxing unit or anyone else, unless the lender has verified that the taxing unit or other party has sued or will sue within 30 days of when the ad is sent (7 TAC §89.208(b)(9)).

This is the rule that makes fresh court data valuable. A lender that wants to say "a tax suit has been filed on your property" needs a verified suit, checked close to the mail date, not a months-old list.

No look-alike mail

Under §89.208(d)-(f), a lender or its agent may not:

• Send mail that resembles a check, money order, currency, or a government warrant.
• Use an envelope or piece with text or symbols that indicate or imply it is from a federal, state or local government.
• Use simulated legal process or forms that suggest legal proceedings started or finished when they have not.
• Impersonate law enforcement or a government employee.

Keep the proof

Lenders must keep examples of all written and electronic solicitations, including broadcast scripts and billboard copies, for at least one year from use or until the next OCCC exam, whichever is later (7 TAC §89.207(1)(C)). Under §351.0023(g), the commissioner can assess an administrative penalty for a violation of the advertising section whether or not it was knowing or willful.

Other rules that touch the same mail piece

• Who must comply. The duties fall on the licensed lender, but anyone who advertises or solicits property tax loans is presumed to be in the lending business and needs a license (Finance Code §351.009(b), §351.051).
• Calls and texts. Phone and text outreach brings in the federal TCPA and Do Not Call rules and Texas telephone-solicitation law, which since September 1, 2025 also covers text messages. See TCPA and Do Not Call basics.
• Who you can mail. Owners 65 or older cannot transfer a tax lien on a homestead they can exempt under the over-65 exemption (Tax Code §32.06(a-3)), so mailing them is wasted effort at best.

Checklist for a mail piece

How this shows up in Agentix Data

For Dallas, Tarrant, Collin, Denton, Travis and Hood counties we track tax-suit status from the tax rolls, and for Harris County from the District Clerk's daily filings. Each record keeps the date we first saw it and last saw it, so you can tell how recently a suit was confirmed before a mail drop. We do not write or review mail pieces; your compliance counsel should.

Sources

• Texas Finance Code §351.0023 (solicitation of loans; notice): https://statutes.capitol.texas.gov/Docs/FI/htm/FI.351.htm#351.0023
• Texas Finance Code §§351.009, 351.051: https://statutes.capitol.texas.gov/Docs/FI/htm/FI.351.htm
• 7 Tex. Admin. Code §89.208 (advertising): https://www.law.cornell.edu/regulations/texas/7-Tex-Admin-Code-SS-89-208
• 7 Tex. Admin. Code §89.207 (files and records required): https://www.law.cornell.edu/regulations/texas/7-Tex-Admin-Code-SS-89-207
• 12 C.F.R. §1026.24 (Regulation Z advertising): https://www.law.cornell.edu/cfr/text/12/1026.24
• Texas Tax Code §32.06(a-3): https://statutes.capitol.texas.gov/Docs/TX/htm/TX.32.htm#32.06
• OCCC, 2025 Study of Consumer Loan Products (marketing practices, p. 8): https://occc.texas.gov/wp-content/uploads/2025/12/2025_study_consumer_loan_products.pdf

General information, not legal or financial advice.