By:  Parker                                           S.B. No. 1224
       73R2476 LJD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to confidential information of or provided by the Banking
    1-3  Department of Texas.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 10, Chapter II, The Texas Banking Code
    1-6  (Article 342-210, Vernon's Texas Civil Statutes), is amended by
    1-7  amending Subsection (a) and adding Subsection (e) to read as
    1-8  follows:
    1-9        (a)  Subject to the provisions of Section 5 of Chapter 183 of
   1-10  the Forty-fourth Legislature of Texas (1935), page 461 (Article
   1-11  489b, Section 5), and any other statutory provision of this State,
   1-12  all information obtained, either directly or indirectly, by the
   1-13  Banking Department relative to the financial condition of any bank
   1-14  or bank holding company other than call reports and profit and loss
   1-15  statements, whether obtained through examination or otherwise,
   1-16  except published statements, and all files and records of said
   1-17  Department relative thereto shall be confidential, and shall not be
   1-18  disclosed by the Banking Commissioner or any officer or employee of
   1-19  said Department.  Further provided that no such information shall
   1-20  be divulged to any member of the Finance Commission, nor shall any
   1-21  member of the Finance Commission be given access to such files and
   1-22  records of the Banking Department; provided, however, that the
   1-23  Banking Commissioner may disclose to the Finance Commission or to
   1-24  the State Banking Board information, files and records pertinent to
    2-1  any hearing or matter pending before such Commission or such Board.
    2-2  Further provided that upon request, the Banking Commissioner may
    2-3  disclose to a Federal Reserve Bank any information relative to its
    2-4  members, and shall permit it access to any files and records or
    2-5  reports relating to its members.  Further provided that the Banking
    2-6  Commissioner may, in the Banking Commissioner's <his> discretion,
    2-7  if the Banking Commissioner <he> deems it necessary or proper to
    2-8  the enforcement of the laws of this State, another state, <or> the
    2-9  United States, or a foreign country, and to the best interest of
   2-10  the public, divulge such information to any other department of
   2-11  this State, another state, <or> the National Government, a foreign
   2-12  government, or any agency or instrumentality thereof.
   2-13        (e)  Information, files, and records of the Banking
   2-14  Department, including examination reports, that are confidential
   2-15  under Subsection (a) of this article and that are provided by the
   2-16  Banking Department to a bank or bank holding company remain
   2-17  confidential and may not be disclosed by the bank, the bank holding
   2-18  company, or an officer, director, employee, or agent of the bank or
   2-19  bank holding company or used as evidence in a legal proceeding.
   2-20  Notwithstanding Section 22.004, Government Code, this subsection
   2-21  may not be modified or repealed by a rule adopted by the supreme
   2-22  court.
   2-23        SECTION 2.  The importance of this legislation and the
   2-24  crowded condition of the calendars in both houses create an
   2-25  emergency and an imperative public necessity that the
   2-26  constitutional rule requiring bills to be read on three several
   2-27  days in each house be suspended, and this rule is hereby suspended,
    3-1  and that this Act take effect and be in force from and after its
    3-2  passage, and it is so enacted.