BILL ANALYSIS


                                                    C.S.H.B. 1020
                                           By: Oliveira (Sponsor)
                                             Economic Development
                                                         05-22-95
                            Senate Committee Report (Substituted)

BACKGROUND

The Texas Savings Bank Act (Article 489e, V.T.C.S.) was passed
during the 73rd Legislature.  The bill created a new type of
financial institution, the state-chartered savings bank.  The new
institution is required to invest at least 15 percent in local
community loans as well as local-service-area deposits in
residential mortgage loans, home improvement loans, interim
residential construction loans, home improvement loans, and
mortgage-backed securities secured by loans from the savings bank's
local service area.  There has been some difficulty in implementing
the Act due to difficulties in interpreting the Act in conjunction
with other statutes like the Savings and Loan Act.

PURPOSE

As proposed, C.S.H.B. 1020 provides technical and clarifying
amendments to the Texas Savings Bank Act which was passed during
the 73rd Legislature.  These revisions are aimed at clarifying
hearings, appeals, and confidentiality procedures, the definition
of a financial institution, and the roles local supervision and the
Finance Commission of Texas play in regulating financial
institutions.  The bill also amends other sections of the Texas
Savings Bank Act to alleviate confusion between other statutes and
the Texas Savings Bank Act.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants rulemaking
authority to the Finance Commission of Texas under SECTION 9
(Section 7.01(b), Article 489e, V.T.C.S.) and to the savings and
loan commissioner under SECTION 16 of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1.03(1), Article 489e, V.T.C.S. (Texas
Savings Bank Act), to redefine "administrative procedure act."

SECTION 2. Amends Section 2.05(a), Article 489e, V.T.C.S., to
require an application to incorporate a savings bank (application)
to include, in part, financial information about the officers
required by the rules of the savings and loan commissioner
(commissioner) and the Finance Commission of Texas (finance
commission).

SECTION 3. Amends Section 2.10, Article 489e, V.T.C.S., by amending
Subsection (a) and adding Subsection (c), as follows:

     (a) Sets forth the conditions under which a hearing on an
     application to incorporate is not required.
     
     (c) Requires the commissioner, not later than the 30th day
     after the date of the completion of the hearing, to enter a
     final order approving or denying the application.  Authorizes
     an applicant to appeal a final order, and sets forth
     requirements for an appeal.  Provides that filing an appeal
     under this section does not stay an order of the commissioner.
     
     SECTION 4.     Amends Chapter 2, Article 489e, V.T.C.S., by adding
Section 2.15, as follows:

     Sec. 2.15.  PREFERENCE FOR LOCAL CONTROL.  Authorizes the
     commissioner, if more than one application to incorporate a
     new savings bank or establish an additional office of an
     existing savings bank in the same community is before the
     commissioner at the same time, to give additional weight to
     the application having the greater degree of control vested in
     or held by residents of the community.
     
     SECTION 5.     Amends Sections 3.07(c) and (g), Article 489e, V.T.C.S.,
as follows:

     (c) Authorizes the commissioner to waive the requirement that
     a notice of an application be published or permit delay of the
     publication if the commissioner determines that the waiver or
     delay is in the public interest.  Provides that the
     information that would have been contained in a published
     notice that the commissioner waived becomes public information
     under Chapter 552, Government Code, on the 34th day after the
     date the application is filed.
     
     (g) Requires the commissioner, not later than the 60th day
     after the date the application is filed, to approve the
     application without a hearing or notify the proposed
     transferee in writing of the commissioner's intent to deny the
     application based on the requirements of this section and the
     grounds for denial.  Authorizes the proposed transferee to
     file a written request for a hearing on the application before
     the 31st day after the date the notice of intent is mailed to
     the proposed transferee.  Authorizes the commissioner to enter
     an order, to be final and nonappealable, denying the
     application if a hearing is not timely requested.  Requires
     the commissioner to issue public notice of the application if
     the proposed transferee requests a hearing, rather than when
     an application is complete.  Requires the commissioner, after
     the hearing, to enter a final order approving or denying the
     application.  Deletes a provision relating to a hearing that
     is not required.
     
     SECTION 6.     Amends Section 4.02, Article 489e, V.T.C.S., as follows:

     (a) Created from existing text.
     
     (b) Provides that an audit under this section is not required
     if the savings bank received at its most recent examination a
     composite rating of 1 or 2 on the CAMEL financial institution
     rating scale, or had at the beginning of its current fiscal
     year consolidated assets of $500 million or less.
SECTION 7.  Amends Section 4.08, Article 489e, V.T.C.S., as
follows:

     (a) Requires the commissioner and any other employee of the
     Savings and Loan Department of Texas (department) appointed or
     acting under this Act, except as provided by this Act or rules
     under this Act, to keep confidential any information regarding
     a financial institution or a shareholder, participant,
     officer, director, manager, affiliate, or service provider of
     a financial institution, other than a public statement or a
     public portion of a call report or profit and loss statement. 
     Provides that all related files and records of the department
     are confidential and not to be disclosed.  Requires a person
     who wilfully makes a false official report on the condition of
     a financial institution, rather than a savings bank, to be
     removed from office or further employment with the department. 
     Deletes language regarding information obtained through an
     examination or an individual's position.
     
     (b)-(e) Created from existing text.
     
     (f) Requires confidential information provided to a financial
     institution or an affiliate or service provider of the
     institution, to be the confidential property of the
     department.  Prohibits the information from being disclosed by
     the recipient, or by an officer, director, manager, employee,
     or agent of the recipient, to a person not officially
     connected to the recipient through certain relationships,
     unless approved in writing by the commissioner or authorized
     by rules under this section.
     
     (g) Requires the discovery of confidential information under
     legal process from a person subject to this section to comply
     with rules under this Act.  Authorizes the rules to restrict
     release of confidential information and to require that a
     protective order be issued before release of confidential
     information.
     
     (h) Authorizes the commissioner to refuse the release any
     information or record in the custody of the department, if the
     commissioner believes release of the information or record
     might jeopardize an investigation of possibly unlawful
     activities.
     
     SECTION 8.     Amends Section 6.03(a), Article 489e, V.T.C.S., to
delete a person who is not a United States citizen from the list of
persons exempted from the membership of the board of directors of
a savings bank.

SECTION 9. Amends Section 7.01, Article 489e, V.T.C.S., as follows:

     (a) Created from existing text.
     
     (b) Authorizes the finance commission, by rule, to expand
     savings bank powers to accommodate or take advantage of
     changing technology and to enable state savings banks to
     respond to the needs of and convenience demanded by consumers
     and businesses through on-premises and off-premises
     operations, with a specific exception.  Requires the finance
     commission, in adopting rules under this subsection, to
     consider the need to promote a stable financial institution
     environment; provide the public with convenient, safe, and
     competitive financial services; and allow for economic
     development within the state.
     
     SECTION 10.    Amends Section 7.05, Article 489e, V.T.C.S., as
follows:

     (a) Authorizes a savings bank, without prior approval of the
     commissioner, to invest not more than an amount equal to its
     regulatory capital in real estate, buildings, related
     facilities, and in leasehold improvements for rented
     facilities for use by the savings bank and its banking
     premises.
     
     (b) Authorizes the finance commission by rule adopted under
     Section 7.01(b) of this Act to approve a new form of savings
     bank facility, or authorize the commissioner to approve such
     a facility if the commissioner does not have a significant
     supervisory or regulatory concern regarding the proposed
     facility.
     
     SECTION 11.    Amends Section 7.09, Article 489e, V.T.C.S., to
authorize a savings bank to lend and invest not more than 40,
rather than 15, percent of its total assets in commercial loans.

SECTION 12.    Amends Section 7.10(b), Article 489e, V.T.C.S., to
exclude, from the prohibition against the investment of a savings
bank in a subsidiary corporation if its aggregate investments in
subsidiaries would exceed 10 percent of its total assets, amounts
invested in a subsidiary corporation the activities of which are
limited to activities that could be conducted directly by the
parent savings bank.

SECTION 13.    Amends Section 8.02, Article 489e, V.T.C.S., to
require a savings bank to maintain a minimum of 10 percent of an
amount equal to its average daily deposits for the most recently
completed calendar quarter in cash, or other readily marketable
investments as allowed by rules adopted by the commissioner and the
finance commission.

SECTION 14.    Amends Section 11.07, Article 489e, V.T.C.S., by
adding Subsection (f), to authorize a foreign savings and loan
association to merge with a domestic savings bank under this
section as if the foreign savings and loan association were a
foreign savings bank.  Requires the commissioner, if the surviving
institution is the foreign savings and loan association, to issue
and deliver to the foreign savings and loan association a
certificate of authority under Subsection (e) of this section to do
business in this state.  Defines "foreign savings and loan
association."

SECTION 15.    Amends Section 12.12(a), Article 489e, V.T.C.S., to
provide that a reference in statutes of this state to a
corporation, association, or other organization incorporated or
organized under Article 852a, V.T.C.S. (Texas Savings and Loan
Act), is also a reference to a savings bank, as defined in this
Act.

SECTION 16.    (a) Makes application of this Act prospective.

     (b) Requires the savings and loan commissioner, by rule, to
     prescribe the manner and period in which a savings bank shall
     come into compliance with Section 7.05 or 8.02, Article 489e,
     V.T.C.S., as amended by this Act.
     
     SECTION 17.    Emergency clause.
           Effective date: upon passage.