By Oliveira                                           H.B. No. 1020
       74R3127 DWS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of savings banks.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 1.03(1) and (15), Texas Savings Bank Act
    1-5  (Article 489e, Vernon's Texas Civil Statutes), are amended to read
    1-6  as follows:
    1-7              (1)  "Administrative procedure act" means Chapter 2001,
    1-8  Government Code <the Administrative Procedure and Texas Register
    1-9  Act (Article 6252-13a, Vernon's Texas Civil Statutes)>.
   1-10              (15)  "Financial institution" means a state or  federal
   1-11  savings bank, a state or federal savings and loan association, <or>
   1-12  a state or national bank, or a state or federal credit union.
   1-13        SECTION 2.  Section 2.05(a), Texas Savings Bank Act (Article
   1-14  489e, Vernon's Texas Civil Statutes), is amended to read as
   1-15  follows:
   1-16        (a)  An application to incorporate a savings bank must be in
   1-17  a form specified by the commissioner, signed by each incorporator,
   1-18  and submitted to the commissioner with the filing fee.  An
   1-19  application consists of:
   1-20              (1)  two copies of the proposed articles of
   1-21  incorporation setting forth the name of the savings bank, the site
   1-22  of the principal office, and the names and addresses of the initial
   1-23  directors;
   1-24              (2)  two copies of the bylaws under which the savings
    2-1  bank proposes to operate;
    2-2              (3)  statements, exhibits, maps, and other data
    2-3  sufficiently detailed and comprehensive to enable the commissioner
    2-4  to make findings under Section 2.11 of this Act;
    2-5              (4)  other information relating to the proposed savings
    2-6  bank and its operation required by the rules of the commissioner
    2-7  and the finance commission; and
    2-8              (5)  financial information about the applicants,
    2-9  incorporators, directors, officers, or stockholders required by the
   2-10  rules of the commissioner and the finance commission.
   2-11        SECTION 3.  Section 2.10, Texas Savings Bank Act (Article
   2-12  489e, Vernon's Texas Civil Statutes), is amended by amending
   2-13  Subsection (a) and adding Subsection (c) to read as follows:
   2-14        (a)  When a complete application to incorporate as defined by
   2-15  rules adopted by the commissioner and the finance commission is
   2-16  filed, the commissioner shall issue public notice of the
   2-17  application and shall give any interested party an opportunity to
   2-18  appear, present evidence, and be heard for or against the
   2-19  application.  A hearing officer designated by the commissioner
   2-20  shall hold the hearing.  A hearing is not required if:
   2-21              (1)  no party provides written notice to the
   2-22  commissioner, before the 11th day after the date of publication of
   2-23  the notice of application, of the party's intention to appear and
   2-24  present evidence at the hearing; and
   2-25              (2)  the commissioner finds that the application
   2-26  complies with all statutory requirements for approval.
   2-27        (c)  Not later than the 30th day after the date of the
    3-1  completion of a hearing, the commissioner shall enter a final order
    3-2  approving or denying the application.  An applicant may appeal a
    3-3  final order to a district court of Travis County with the
    3-4  commissioner as defendant.  A party to the action in the district
    3-5  court of Travis County may appeal to the appellate court having
    3-6  jurisdiction of the cause.  The appeal is immediately returnable to
    3-7  the appellate court having jurisdiction of the cause, and that
    3-8  action has precedence in that appellate court over all causes of a
    3-9  different character pending in that court.  The commissioner is not
   3-10  required to give an appeal bond in a cause arising under this
   3-11  section.  Filing an appeal under this section does not stay an
   3-12  order of the commissioner.
   3-13        SECTION 4.  Chapter 2, Texas Savings Bank Act (Article 489e,
   3-14  Vernon's Texas Civil Statutes), is amended by adding Section 2.15
   3-15  to read as follows:
   3-16        Sec. 2.15.  PREFERENCE FOR LOCAL CONTROL.  If more than one
   3-17  application to incorporate a new savings bank or establish an
   3-18  additional office of an existing savings bank in the same community
   3-19  is before the commissioner at the same time, the commissioner may
   3-20  give additional weight to the application having the greater degree
   3-21  of control vested in or held by residents of the community.
   3-22        SECTION 5.  Sections 3.07(c) and (g), Texas Savings Bank Act
   3-23  (Article 489e, Vernon's Texas Civil Statutes), are amended to read
   3-24  as follows:
   3-25        (c)  The applicant shall pay a filing fee when the applicant
   3-26  files an application.  A proposal to acquire voting securities of a
   3-27  savings bank subject to this section may be made by an individual,
    4-1  two or more individuals acting in concert, any type of partnership,
    4-2  corporation, syndicate, trust, or any other organization, or any
    4-3  combination of those individuals or entities.  The information
    4-4  required by the commissioner may be required of each member of the
    4-5  group, as directed by the commissioner.  Notice of the application,
    4-6  its date of filing, and the identity of all parties to the
    4-7  application shall be submitted to the Texas Register by the
    4-8  commissioner on receipt of the application for publication in the
    4-9  next issue of the Texas Register following the date the information
   4-10  is received, except that the commissioner may waive the requirement
   4-11  that a notice be published or permit delay of the publication if
   4-12  the commissioner determines that the waiver or delay is in the
   4-13  public interest.  Information obtained by the commissioner under
   4-14  this section, other than published information, is confidential and
   4-15  may not be disclosed by the commissioner or any officer or employee
   4-16  of the Savings and Loan Department of Texas, except nothing in this
   4-17  section prohibits the commissioner from disclosing, on request, the
   4-18  identity of the actual or beneficial owner of any savings bank
   4-19  chartered under this Act, and the information that would have been
   4-20  contained in a published notice that the commissioner waived
   4-21  becomes public information under Chapter 552, Government Code, on
   4-22  the 34th day after the date the application is filed.  The
   4-23  commissioner, in the commissioner's discretion and if the
   4-24  commissioner deems it necessary or proper in the enforcement of the
   4-25  laws of any state or the United States and in the best interest of
   4-26  the public, may also divulge information to any appropriate banking
   4-27  agency or any appropriate governmental department, agency, or
    5-1  instrumentality of this state, another state, or the United States.
    5-2        (g)  Not later than the 60th day after the date of the filing
    5-3  of the application, the commissioner shall approve the application
    5-4  without a hearing or notify the proposed transferee in writing of
    5-5  the commissioner's intent to deny the application based on the
    5-6  requirements of this section.  The notice must state the grounds
    5-7  for denial.  The proposed transferee may file a written request for
    5-8  hearing on the application before the 31st day after the date the
    5-9  notice of intent to deny is mailed to the proposed transferee.  The
   5-10  commissioner may immediately enter an order denying the application
   5-11  if a hearing is not timely requested, and the order is final and
   5-12  nonappealable.  If the proposed transferee requests a hearing
   5-13  <When the commissioner determines that an application for approval
   5-14  of change of control is complete>, the commissioner shall issue
   5-15  public notice of the application and shall give any interested
   5-16  party an opportunity to appear, present evidence, and be heard for
   5-17  or against the application.  A hearing officer designated by the
   5-18  commissioner shall hold the hearing.  After the <A hearing is not
   5-19  required if no party provides written notice to the commissioner,
   5-20  within 10 days of the date of publication of the notice of
   5-21  application, of intention  to appear and present evidence at the
   5-22  hearing and if the commissioner finds that the application complies
   5-23  with all statutory requirements for approval within 30 days after
   5-24  the date of the completion of a> hearing, the commissioner shall
   5-25  enter a final order either approving or denying the application.
   5-26  An applicant may appeal a final order to a district court of Travis
   5-27  County with the commissioner as defendant.  Either party to the
    6-1  action may appeal from the district court of Travis County to the
    6-2  appellate court having jurisdiction of the cause.  The appeal is at
    6-3  once returnable to the appellate court having jurisdiction of the
    6-4  cause, and that action has precedence in that appellate court over
    6-5  all causes of a different character pending in that court.  The
    6-6  commissioner is not required to give any appeal bond in any cause
    6-7  arising under this section.  Filing an appeal under this section
    6-8  does not stay an order of the commissioner.
    6-9        SECTION 6.  Section 4.08, Texas Savings Bank Act (Article
   6-10  489e, Vernon's Texas Civil Statutes), is amended to read as
   6-11  follows:
   6-12        Sec. 4.08.  CONFIDENTIALITY.  (a)  Except as otherwise
   6-13  provided by this Act or rules adopted under this Act, the <The>
   6-14  commissioner and any examiner, supervisor, conservator, liquidator,
   6-15  inspector, deputy, assistant clerk, or other employee of the
   6-16  Savings and Loan Department of Texas appointed or acting under this
   6-17  Act shall keep confidential any facts or information regarding a
   6-18  financial institution or a shareholder, participant, officer,
   6-19  director, manager, affiliate, or service provider of a financial
   6-20  institution, other than a public statement or a public portion of a
   6-21  call report or profit and loss statement, regardless of whether the
   6-22  facts or information is obtained through application, examination,
   6-23  or otherwise.  All related files and records of the department are
   6-24  confidential and may not be disclosed   <savings bank obtained in
   6-25  the course of an examination or by reason of the individual's
   6-26  official position, unless the public duty of the person requires
   6-27  otherwise>.  A person who violates this section or wilfully makes a
    7-1  false official report on the condition of a financial institution
    7-2  <savings bank> shall be removed from office or further employment
    7-3  with the Savings and Loan Department of Texas.
    7-4        (b)  A report of an examination made to the commissioner is
    7-5  confidential and not for public record or inspection, except that
    7-6  the commissioner for good reason may make the report public.
    7-7        (c)  This section does not prevent the proper exchange of
    7-8  information relating to savings banks and the business of savings
    7-9  banks with the representatives of regulatory authorities of other
   7-10  states or to any other department, agency, or instrumentality of
   7-11  this state, another state, or the United States if the commissioner
   7-12  determines the disclosure necessary or proper for the enforcement
   7-13  of the laws of this state, another state, or the United States.
   7-14        (d)  Unless otherwise provided by this Act, this section does
   7-15  not apply to facts, information, or reports of investigations
   7-16  obtained or made by the commissioner or the commissioner's staff in
   7-17  connection with an application for charter or a hearing held by the
   7-18  commissioner under this Act, and those facts, information, or
   7-19  reports may be included in the record of the appropriate hearing.
   7-20        (e)  The commissioner shall report promptly to the finance
   7-21  commission when a supervisory order is issued under Chapter 5 of
   7-22  this Act.  The commissioner shall furnish information about a
   7-23  savings bank or person as the finance commission may require in
   7-24  executive session, and all information discussed in the executive
   7-25  session is confidential.
   7-26        (f)  Confidential information that is provided to a financial
   7-27  institution or an affiliate or service provider of a financial
    8-1  institution, whether in the form of a report of examination or
    8-2  otherwise, is the confidential property of the department.  Unless
    8-3  approved in writing by the commissioner or authorized by rules
    8-4  adopted under this section, the  information may not be made public
    8-5  or disclosed in any manner by the recipient, or by an officer,
    8-6  director, manager, employee, or agent of the recipient, to a person
    8-7  not officially connected to the recipient as officer, director,
    8-8  employee, attorney, auditor, or independent auditor.
    8-9        (g)  Discovery of  confidential information under subpoena or
   8-10  other legal process from a person subject to this section must
   8-11  comply with rules adopted under this Act.  The rules may restrict
   8-12  release of confidential information  to that portion directly
   8-13  relevant to the legal dispute involved and may require that a
   8-14  protective order,  in the form and under circumstances specified by
   8-15  the rules, be issued by a court of competent jurisdiction before
   8-16  release of confidential information.
   8-17        (h)  Notwithstanding any other law, the commissioner may
   8-18  refuse to release any information or record in the custody of  the
   8-19  department if the commissioner believes release of the information
   8-20  or record might jeopardize an investigation of possibly unlawful
   8-21  activities.
   8-22        SECTION 7.  Section 6.03(a), Texas Savings Bank Act (Article
   8-23  489e, Vernon's Texas Civil Statutes), is amended to read as
   8-24  follows:
   8-25        (a)  A person may not be a member of the board of directors
   8-26  of a savings bank if the person:
   8-27              (1)  <is not  a citizen of the United States;>
    9-1              <(2)>  is not at least 18 years of age;
    9-2              (2) <(3)>  has been adjudicated bankrupt or convicted
    9-3  of a criminal offense involving dishonesty or breach of trust,
    9-4  unless given prior written approval to be a member of the board by
    9-5  the commissioner;
    9-6              (3) <(4)>  has a final judgment entered against the
    9-7  person for a sum of money that has remained unsatisfied or
    9-8  unsecured for more than six months after the date of the judgment's
    9-9  entry, unless the commissioner  gives the person prior written
   9-10  approval to be a member of the board or unless the judgment was
   9-11  satisfied of record more than one year before the date of the
   9-12  election; or
   9-13              (4) <(5)>  is  a director, officer, or employee of
   9-14  another savings bank, unless given  the prior written approval  to
   9-15  be a member of the board by the commissioner.
   9-16        SECTION 8.  Section 7.01,  Texas Savings Bank Act (Article
   9-17  489e, Vernon's Texas Civil Statutes), is amended to read as
   9-18  follows:
   9-19        Sec. 7.01.  GENERAL CORPORATE POWERS.  (a)  Each savings bank
   9-20  has the powers authorized by this Act and other rights, privileges,
   9-21  and powers as may be incidental to or reasonably necessary for the
   9-22  accomplishment of the objects and purposes of the savings bank.
   9-23  Subject to the prior approval of the commissioner, a savings bank
   9-24  may engage in business as a savings bank in any state or territory
   9-25  of the United States to the extent permitted by the laws of that
   9-26  state or territory, either directly or through ownership of another
   9-27  savings bank incorporated under the laws of another state.
   10-1        (b)  The finance commission by rule may expand savings bank
   10-2  powers to accommodate or take advantage of changing technology and
   10-3  enable state savings banks  to  respond to the needs of and
   10-4  convenience demanded by consumers and businesses through
   10-5  on-premises and off-premises operations, except that the finance
   10-6  commission may not authorize state savings banks to offer financial
   10-7  services prohibited to state savings banks by laws of this state
   10-8  other than this Act.  In adopting any rules under this subsection,
   10-9  the finance commission shall consider the need to:
  10-10              (1)  promote a stable financial institution
  10-11  environment;
  10-12              (2)  provide the public with convenient, safe, and
  10-13  competitive financial  services; and
  10-14              (3)  allow for economic development within the state.
  10-15        SECTION 9.  Section 7.05, Texas Savings Bank Act (Article
  10-16  489e, Vernon's Texas Civil Statutes), is amended to read as
  10-17  follows:
  10-18        Sec. 7.05.  INVESTMENT IN BANKING PREMISES.  (a)  Without
  10-19  prior approval of the commissioner, a <A> savings bank  may invest
  10-20  not more than an amount equal to its regulatory capital in real
  10-21  estate, buildings, and related facilities, including parking, and
  10-22  in leasehold improvements for rented facilities for use by the
  10-23  savings bank as its banking premises.
  10-24        (b)  The finance commission by rule adopted under Section
  10-25  7.01(b) of this Act may approve a new form of savings bank facility
  10-26  or authorize the commissioner to approve a new form of savings bank
  10-27  facility if the commissioner does not have a significant
   11-1  supervisory or regulatory concern regarding the proposed facility.
   11-2        SECTION 10.  Section 7.10(b), Texas Savings Bank Act (Article
   11-3  489e, Vernon's Texas Civil Statutes), is amended to read as
   11-4  follows:
   11-5        (b)  A savings bank may not make any investment in a
   11-6  subsidiary corporation if its aggregate investments in subsidiaries
   11-7  would exceed 10 percent of its total assets, excluding amounts
   11-8  invested in a subsidiary corporation the activities of which are
   11-9  limited to activities that could be conducted directly by the
  11-10  parent savings bank.
  11-11        SECTION 11.  Section 8.02, Texas Savings Bank Act (Article
  11-12  489e, Vernon's Texas Civil Statutes), is amended to read as
  11-13  follows:
  11-14        Sec. 8.02.  LIQUIDITY.  Unless approved in advance by the
  11-15  commissioner, a savings bank shall maintain a minimum of 10 percent
  11-16  of an amount equal to its  average daily deposits for the most
  11-17  recently completed calendar quarter <assets> in cash, balances in a
  11-18  federal reserve bank or passed through a federal home loan bank or
  11-19  another depository institution to a federal reserve bank under the
  11-20  Federal Reserve Act (12 U.S.C. Section 221 et seq.), or other
  11-21  readily marketable investments, including unencumbered federal
  11-22  government  sponsored enterprises securities, as allowed by rules
  11-23  adopted by the commissioner and the finance commission.
  11-24        SECTION 12.  Section 12.12(a), Texas Savings Bank Act
  11-25  (Article 489e, Vernon's Texas Civil Statutes), is amended to read
  11-26  as follows:
  11-27        (a)  Except as provided in Subsection (b) of this section, a
   12-1  reference in statutes of this state, including Title 79, Revised
   12-2  Statutes (Article 5069-1.01 et seq., Vernon's Texas Civil
   12-3  Statutes), the Government Code, and the Local Government Code or in
   12-4  a rule adopted under the statutes to  a "savings and loan
   12-5  association," "savings and loan," or "association" in the context
   12-6  of a savings and loan association, or to a corporation,
   12-7  association, or other organization incorporated or organized under
   12-8  the Texas Savings and Loan Act (Article 852a, Vernon's Texas Civil
   12-9  Statutes), is also a reference to a savings bank, as defined in
  12-10  this Act.
  12-11        SECTION 13.  (a)  The changes made by this Act to the
  12-12  procedures applicable to a proceeding before the savings and loan
  12-13  commissioner apply only to a proceeding initiated on or after the
  12-14  effective date of this Act.  A proceeding initiated before the
  12-15  effective date of this Act is governed by the law in effect when
  12-16  the proceeding was initiated, and that law is continued in effect
  12-17  for that purpose.
  12-18        (b)  The savings and loan commissioner shall by rule
  12-19  prescribe the manner and period in which a savings bank that on the
  12-20  effective date of this Act does not comply with Section 7.05 or
  12-21  8.02,  Texas Savings Bank Act (Article 489e, Vernon's Texas Civil
  12-22  Statutes), as amended by this Act, shall come into compliance with
  12-23  that section.
  12-24        SECTION 14.  The importance of this legislation and the
  12-25  crowded condition of the calendars in both houses create an
  12-26  emergency and an imperative public necessity that the
  12-27  constitutional rule requiring bills to be read on three several
   13-1  days in each house be suspended, and this rule is hereby suspended,
   13-2  and that this Act take effect and be in force from and after its
   13-3  passage, and it is so enacted.
   13-4                       COMMITTEE AMENDMENT NO. 1
   13-5        Amend HB 1020 as follows:
   13-6        Strike on page one, SECTION 1:  "and (15)" and ""Financial
   13-7  institution" means a state or federal savings bank, a state or
   13-8  federal savings and loan association, <or> a state or national
   13-9  bank, or a state or federal credit union."
  13-10                                                               Carona