IMF H.B. 10 75(R)BILL ANALYSIS


STATE AFFAIRS
H.B. 10
By: Brimer
4-10-97
Committee Report (Amended)



BACKGROUND 

The Texas Legislative Council is required by law (Section 323.007,
Government Code) to carry out a complete nonsubstantive revision of the
Texas statutes.  The process involves reclassifying and rearranging the
statutes in a more logical order, employing a numbering system and format
that will accommodate future expansion of the law, eliminating repealed,
invalid, duplicative, and other ineffective provisions, and improving the
draftsmanship of the law if practicable--all toward promoting the stated
purpose of making the statutes "more accessible, understandable, and
usable" without altering the sense, meaning, or effect of the law.  

In 1965 the council adopted a long-range plan of compiling the law into 26
codes arranged by general topics.  Although some reorganization has
occurred since the original proposal, the number of projected codes
remains at 26.  

The proposed Finance Code is a nonsubstantive revision of the Texas
statutes relating to finance, including the Texas Banking Act, Texas
Savings and Loan Act, Texas Savings Bank Act, Texas Credit Union Act, and
various other statutes relating to financial institutions, businesses, and
transactions.  The Finance Code is divided into five titles, specifically: 

  Title 1, General Provisions;
  Title 2, Financial Regulatory Agencies;
  Title 3, Financial Institutions and Businesses;
  Title 4, Regulation of Interest, Loans, and Financed Transactions; and
  Title 5, Protection of Consumers of Financial Services. 

Each of the five titles is divided into subtitles, chapters, subchapters,
and sections.  Sections are numbered decimally, and the number to the left
of the decimal point is the same as the chapter number.  Gaps in chapter
and section numbering are for future expansion.  

The council legal staff has taken meticulous care to ensure that no
substantive change has been made in the law and to preserve any ambiguity
or interpretation that may exist in current law.  

The staff has developed an extensive mailing list, and drafts of the
proposed code have been widely distributed for review and comment to
interested individuals, organizations, businesses, industry
representatives, and governmental agencies.  The staff has studied the
comments and suggestions of persons reviewing the code and has taken
action to satisfy any concerns expressed.  

The Finance Code is a nonsubstantive revision of Texas law.  The substance
of the law has not been altered.  The sole purpose of the code is to
compile the relevant law, arrange it in a logical fashion, and rewrite it
without altering its meaning or legal effect.  If a particular source
statute is ambiguous and the ambiguity cannot be resolved without a
potential substantive effect, the ambiguity is preserved.  

PURPOSE

As proposed, H.B. 10 would create the Finance Code for the State of Texas.
The bill is a nonsubstantive recodification of all statutes relating to
finance in the state. 

 RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

Section 1.  Adopts the Finance Code, a nonsubstantive revision of
statutory law relating to financial institutions, financial businesses,
and credit.  

Section 2.  Conforming amendment to Title 4, Business & 97M35Commerce
Code, adding Chapter 38, a nonsubstantive revision of certain laws
relating to telephone solicitation.  

Section 3.  Conforming amendment to Title 4, Business & Commerce Code,
adding Chapter 39, a nonsubstantive revision of certain laws relating to
cancellation of certain consumer transactions.  

Section 4.  Conforming amendment to Title 4, Business & Commerce Code,
adding Chapter 40, a nonsubstantive revision of certain laws relating to
contests and gift giveaways.  

Section 5.  Conforming amendment to Title 4, Business & Commerce Code,
adding Chapter 41, a nonsubstantive revision of certain laws relating to
business opportunities.  

Section 6.  Repeals laws that are revised in the bill. 

Section 7.  States legislative intent to recodify only. 

Section 8.  Effective date:  September 1, 1997.

Section 9.  Emergency clause. 


EXPLANATION OF AMENDMENT

Committee Amendment No. 1 was drafted by the Texas Legislative Council
after preliminary drafts of the Finance Code were distributed to
interested persons, agencies, and organizations. The comments received in
response before H.B. 10 was filed were incorporated into the bill. Several
comments, however, were received after the bill was filed.  The amendment
incorporates these later comments.  The person making the comments
believed that several changes that were made in the revision did not
reflect the prior law.  Each of the changes made by the amendment is a
reversion to the wording used in the prior law.