(a) A person may not, individually or in conjunction or cooperation with another person, act as a facilitator unless the person is:
(1) engaged in the business of preparing tax returns, or employed by a person engaged in the business of preparing tax returns;
(2) primarily involved in financial services or tax preparations;
(3) authorized by the Internal Revenue Service as an e-file provider; and
(4) registered with the commissioner as a facilitator under § 352.003.
(b) This section does not apply to:
(1) a bank, thrift, savings association, industrial bank, or credit union operating under the laws of the United States or this state;
(2) an affiliate that is a servicer of a person described by Subdivision (1) operating under the name of that person; or
(3) any person who acts solely as an intermediary and does not interact directly with a taxpayer in the making of the refund anticipation loan.