1-1 By: Parker S.B. No. 1224
1-2 (In the Senate - Filed March 12, 1993; March 16, 1993, read
1-3 first time and referred to Committee on Economic Development;
1-4 March 30, 1993, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; March 30, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Parker x
1-9 Lucio x
1-10 Ellis x
1-11 Haley x
1-12 Harris of Dallas x
1-13 Harris of Tarrant x
1-14 Leedom x
1-15 Madla x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to confidential information of or provided by The Banking
1-22 Department of Texas.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Article 10, Chapter II, The Texas Banking Code
1-25 (Article 342-210, Vernon's Texas Civil Statutes), is amended by
1-26 amending Subsection (a) and adding Subsection (e) to read as
1-27 follows:
1-28 (a) Subject to the provisions of Section 5 of Chapter 183 of
1-29 the Forty-fourth Legislature of Texas (1935), page 461 (Article
1-30 489b, Section 5), and any other statutory provision of this State,
1-31 all information obtained, either directly or indirectly, by the
1-32 Banking Department relative to the financial condition of any bank
1-33 or bank holding company other than call reports and profit and loss
1-34 statements, whether obtained through examination or otherwise,
1-35 except published statements, and all files and records of said
1-36 Department relative thereto shall be confidential, and shall not be
1-37 disclosed by the Banking Commissioner or any officer or employee of
1-38 said Department. Further provided that no such information shall
1-39 be divulged to any member of the Finance Commission, nor shall any
1-40 member of the Finance Commission be given access to such files and
1-41 records of the Banking Department; provided, however, that the
1-42 Banking Commissioner may disclose to the Finance Commission or to
1-43 the State Banking Board information, files and records pertinent to
1-44 any hearing or matter pending before such Commission or such Board.
1-45 Further provided that upon request, the Banking Commissioner may
1-46 disclose to a Federal Reserve Bank any information relative to its
1-47 members, and shall permit it access to any files and records or
1-48 reports relating to its members. Further provided that the Banking
1-49 Commissioner may, in the Banking Commissioner's <his> discretion,
1-50 if the Banking Commissioner <he> deems it necessary or proper to
1-51 the enforcement of the laws of this State, another state, <or> the
1-52 United States, or a foreign country, and to the best interest of
1-53 the public, divulge such information to any other department of
1-54 this State, another state, <or> the National Government, a foreign
1-55 government, or any agency or instrumentality thereof.
1-56 (e) Information, files, and records of the Banking
1-57 Department, including examination reports, that are confidential
1-58 under Subsection (a) of this article and that are provided by the
1-59 Banking Department to a bank or bank holding company remain
1-60 confidential and may not be disclosed by the bank, the bank holding
1-61 company, or an officer, director, employee, or agent of the bank or
1-62 bank holding company or used as evidence in a legal proceeding.
1-63 Notwithstanding Section 22.004, Government Code, this subsection
1-64 may not be modified or repealed by a rule adopted by the supreme
1-65 court.
1-66 SECTION 2. The importance of this legislation and the
1-67 crowded condition of the calendars in both houses create an
1-68 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended,
2-3 and that this Act take effect and be in force from and after its
2-4 passage, and it is so enacted.
2-5 * * * * *
2-6 Austin,
2-7 Texas
2-8 March 30, 1993
2-9 Hon. Bob Bullock
2-10 President of the Senate
2-11 Sir:
2-12 We, your Committee on Economic Development to which was referred
2-13 S.B. No. 1224, have had the same under consideration, and I am
2-14 instructed to report it back to the Senate with the recommendation
2-15 that it do pass and be printed.
2-16 Parker,
2-17 Chairman
2-18 * * * * *
2-19 WITNESSES
2-20 FOR AGAINST ON
2-21 ___________________________________________________________________
2-22 Name: Catherine A. Ghiglieri x
2-23 Representing: Dept. of Banking
2-24 City: Austin
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2-26 Name: Rob Norcross x
2-27 Representing: Texas Bankers Association
2-28 City: Austin
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2-30 Name: Don Adams x
2-31 Representing: Ind. Bankers Assn. of Texas
2-32 City: Austin
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