By Giddings                                           H.B. No. 1291
       74R5450 LJR-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to reports by banks concerning the availability of capital
    1-3  to certain small businesses; providing a civil penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 16, Revised Statutes, is amended by adding
    1-6  Article 349 to read as follows:
    1-7        Art. 349.  REPORTS BY BANKS
    1-8        Sec. 1.  DEFINITIONS.  In this article:
    1-9              (1)  "Bank" has the meaning assigned by Article 2,
   1-10  Chapter I, The Texas Banking Code (Article 342-102, Vernon's Texas
   1-11  Civil Statutes).
   1-12              (2)  "Branch office" means an office of a bank that is
   1-13  approved as a branch by a federal or state regulating agency, but
   1-14  does not include an unmanned teller machine as defined by Article
   1-15  3a, Chapter IX, The Texas Banking Code (Article 342-903a, Vernon's
   1-16  Texas Civil Statutes).
   1-17              (3)  "Historically underutilized business" and "small
   1-18  business" have the meanings assigned by Section 481.101, Government
   1-19  Code.
   1-20        Sec. 2.  REPORT REQUIRED.  (a)  Not later than the 30th day
   1-21  after the last day of each calendar quarter, a bank shall submit to
   1-22  the banking commissioner in accordance with this article a report
   1-23  of its lending activity for the preceding calendar quarter.
   1-24        (b)  The report must provide separate information for each
    2-1  bank location and branch office in this state.
    2-2        (c)  The report must include for the period covered:
    2-3              (1)  the number and total dollar amount of completed
    2-4  applications received by the bank for loans for each of the
    2-5  following categories:
    2-6                    (A)  agricultural loans;
    2-7                    (B)  loans to small businesses;
    2-8                    (C)  loans for the development or redevelopment
    2-9  of the community in which the bank location or branch office is
   2-10  located; and
   2-11                    (D)  loans to historically underutilized
   2-12  businesses;
   2-13              (2)  the number and total dollar amount of loans made
   2-14  for each category described by Subdivision (1); and
   2-15              (3)  the total number and total dollar amount of all
   2-16  loans made.
   2-17        Sec. 3.  BANKING COMMISSIONER DUTIES; FORM OF REPORT.  (a)
   2-18  The banking commissioner shall administer this article.
   2-19        (b)  The banking commissioner by rule shall prescribe the
   2-20  form of a report required by this article and may adopt other rules
   2-21  to administer this article.
   2-22        Sec. 4.  AVAILABILITY OF REPORT; PUBLIC NOTICE.  (a)  A
   2-23  report required by this article is public information.
   2-24        (b)  Not later than the 30th day after the date the report is
   2-25  submitted to the banking commissioner, the bank shall make a copy
   2-26  of the report available to the public for inspection and copying
   2-27  during business hours at each bank location and branch office in
    3-1  this state.
    3-2        (c)  The report shall remain available to the public as
    3-3  required by Subsection (b) until the fifth anniversary of the date
    3-4  the report is submitted to the banking commissioner.
    3-5        (d)  A bank shall post a notice regarding the availability of
    3-6  the report required by this article in the lobby of each location
    3-7  and branch office.
    3-8        (e)  A bank may charge a reasonable fee for photocopies of a
    3-9  report.
   3-10        Sec. 5.  CIVIL PENALTY.  (a)  A bank that violates this
   3-11  article or a rule adopted under this article is liable to the state
   3-12  for a civil penalty in an amount not to exceed $500 for each day
   3-13  the violation continues.
   3-14        (b)  The attorney general or the prosecuting attorney in the
   3-15  county in which the alleged violation occurs may bring suit to
   3-16  recover the civil penalty imposed under Subsection (a).
   3-17        Sec. 6.  APPLICATION OF ARTICLE.  If a federal regulatory
   3-18  agency with primary supervisory responsibility for a federally
   3-19  chartered bank determines that a provision of this article does not
   3-20  apply to a federally chartered bank in this state, the provision
   3-21  does not apply to a state or private bank in this state.
   3-22        SECTION 2.  The first report required by Article 349, Revised
   3-23  Statutes, as added by this Act, shall cover the first calendar
   3-24  quarter of 1996 and shall be filed not later than April 30, 1996.
   3-25        SECTION 3.  This Act takes effect September 1, 1995.
   3-26        SECTION 4.  The importance of this legislation and the
   3-27  crowded condition of the calendars in both houses create an
    4-1  emergency and an imperative public necessity that the
    4-2  constitutional rule requiring bills to be read on three several
    4-3  days in each house be suspended, and this rule is hereby suspended.