By Marchant                                           H.B. No. 2068
         76R5145 CLG-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to conversion of savings and loan associations to  savings
 1-3     banks and the powers, duties, and name of the Savings and Loan
 1-4     Department.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Sections 11.102(b)-(f), Finance Code, are amended
 1-7     to read as follows:
 1-8           (b)  Two members of the finance commission must be banking
 1-9     executives and two members of the finance commission must be
1-10     savings bank executives.
1-11           (c)  Five members of the finance commission may not be
1-12     banking executives, savings bank executives, or controlling
1-13     shareholders in a bank, savings association, or savings bank but
1-14     must be selected by the governor on the basis of recognized
1-15     business ability.  At least one of those members must be a
1-16     certified public accountant.
1-17           (d)  A member or employee of the finance commission may not
1-18     be:
1-19                 (1)  an officer, employee, or paid consultant of a
1-20     trade association representing an industry regulated by the finance
1-21     commission, the banking commissioner, the savings bank [and loan]
1-22     commissioner, or the consumer credit commissioner;
1-23                 (2)  a person required to register as a lobbyist under
1-24     Chapter 305, Government Code, because of activities for a member of
 2-1     an industry described by Subdivision (1); or
 2-2                 (3)  related within the second degree by affinity or
 2-3     consanguinity, as determined under Chapter 573, Government Code, to
 2-4     a person who is an officer, employee, or paid consultant of a trade
 2-5     association representing an industry described by Subdivision (1).
 2-6           (e)  For the purposes of this section:
 2-7                 (1)  "Banking executive" means a person who:
 2-8                       (A)  has had five years' or more executive
 2-9     experience in a bank during the seven-year period preceding the
2-10     person's appointment; and
2-11                       (B)  at the time of the person's appointment is
2-12     an officer of a state bank.
2-13                 (2)  "Savings bank executive" means a person who:
2-14                       (A)  has had five years' or more executive
2-15     experience in a savings association or savings bank during the
2-16     seven-year period preceding the person's appointment; and
2-17                       (B)  at the time of the person's appointment is
2-18     an officer of a state [savings association or] savings bank.
2-19           (f)  Experience as banking commissioner, deputy banking
2-20     commissioner, examiner, or supervisor of examiners for a state or
2-21     federal banking regulatory agency is considered executive
2-22     experience in a bank for the purposes of Subsection (e)(1)(A).
2-23     Experience as savings bank [and loan] commissioner, deputy savings
2-24     bank  [and loan] commissioner, examiner, or supervisor of examiners
2-25     for a state or federal savings institution [and loan] regulatory
2-26     agency is considered executive experience in a savings association
2-27     or savings bank for the purposes of Subsection (e)(2)(A).
 3-1           SECTION 2.  Section 11.107(c), Finance Code, is amended to
 3-2     read as follows:
 3-3           (c)  The presiding officer may:
 3-4                 (1)  adopt rules and procedures as the presiding
 3-5     officer considers necessary for the orderly operation of the
 3-6     finance commission and for communication among the finance
 3-7     commission, the department, the Savings Bank [and Loan] Department,
 3-8     and the Office of Consumer Credit Commissioner;
 3-9                 (2)  adopt internal procedures governing the time and
3-10     place of meetings, the type of notice for special public meetings,
3-11     the manner in which public meetings are to be conducted, and other
3-12     similar matters; and
3-13                 (3)  appoint committees composed of finance commission
3-14     members as the presiding officer considers necessary to carry out
3-15     the commission's business.
3-16           SECTION 3.  Section 11.201(a), Finance Code, is amended to
3-17     read as follows:
3-18           (a)  The finance commission may designate the banking
3-19     commissioner, savings bank [and loan] commissioner, consumer credit
3-20     commissioner, or another person to serve full-time or part-time as
3-21     executive director of the finance commission to facilitate its
3-22     oversight of the department, Savings Bank [and Loan] Department,
3-23     and Office of Consumer Credit Commissioner.
3-24           SECTION 4.  Section 11.202(a), Finance Code, is amended to
3-25     read as follows:
3-26           (a)  The finance commission may employ a hearings officer and
3-27     an internal auditor to provide services to and facilitate
 4-1     commission oversight and control over the Texas Department of
 4-2     Banking, Savings Bank [and Loan] Department, and Office of Consumer
 4-3     Credit Commissioner.
 4-4           SECTION 5.  Sections 11.203, 11.204, 11.302, and 11.303,
 4-5     Finance Code, are amended to read as follows:
 4-6           Sec. 11.203.  LIMITATION ON DIRECTION OF STAFF.  The
 4-7     executive director, hearings officer, internal auditor, and any
 4-8     other staff employed under this subchapter are not subject to
 4-9     direction by the Texas Department of Banking, Savings Bank [and
4-10     Loan] Department, or Office of Consumer Credit Commissioner.
4-11           Sec. 11.204.  SHARING OF STAFF; ALLOCATION OF COSTS.  (a)
4-12     The finance commission shall reduce administrative costs by sharing
4-13     of support staff, equipment, and facilities among the Texas
4-14     Department of Banking, Savings Bank [and Loan] Department, and
4-15     Office of Consumer Credit Commissioner to the extent that the
4-16     sharing contributes to cost efficiency without detracting from the
4-17     staff expertise needed for individual areas of agency
4-18     responsibility.  The finance commission may employ staff and
4-19     purchase equipment and facilities to meet these objectives and pay
4-20     for its activities from appropriations or as provided by Chapter
4-21     771, Government Code.
4-22           (b)  An interagency agreement regarding shared staff must
4-23     provide that the cost of each member of shared staff other than the
4-24     executive director is to be charged to the Texas Department of
4-25     Banking, Savings Bank [and Loan] Department, or Office of Consumer
4-26     Credit Commissioner in proportion to the amount of time devoted to
4-27     each agency's business.  The cost of the executive director and the
 5-1     unallocated cost of operation of the finance commission is to be
 5-2     shared by the department, Savings Bank [and Loan] Department, and
 5-3     Office of Consumer Credit Commissioner in proportion to the amount
 5-4     of cash receipts of each of those agencies.
 5-5           Sec. 11.302.  [SAVINGS ASSOCIATION AND] SAVINGS BANK RULES.
 5-6     (a)  The finance commission may adopt rules applicable to state
 5-7     [savings associations or to] savings banks and may authorize state
 5-8     [savings associations and] savings banks to invest money of state
 5-9     [savings associations or] savings banks in any manner permitted for
5-10     a federal savings association or federal savings bank domiciled in
5-11     this state.  This subsection does not authorize the finance
5-12     commission to diminish or limit a right or power specifically given
5-13     to state [savings associations or] savings banks by state law.
5-14           (b)  The finance commission may adopt rules to:
5-15                 (1)  prevent state [savings associations or] savings
5-16     banks from concentrating an excessive or unreasonable portion of
5-17     the resources of state [savings associations or] savings banks in a
5-18     type or character of loan or security authorized by Subtitle [B or]
5-19     C, Title 3; and
5-20                 (2)  establish standards for investments by state
5-21     [savings associations or] savings banks, including limits on the
5-22     amount that a state [savings association or] savings bank may
5-23     invest in a type or character of investment to an amount or
5-24     percentage of the [savings association's or] savings bank's assets
5-25     or net worth.
5-26           Sec. 11.303.  DISCLOSURE OF CERTAIN INFORMATION TO FINANCE
5-27     COMMISSION PROHIBITED.  Information regarding the financial
 6-1     condition of a state [savings association or] savings bank obtained
 6-2     through examination or otherwise may not be disclosed to a member
 6-3     of the finance commission, except that the savings bank [and loan]
 6-4     commissioner may disclose to the finance commission a file or
 6-5     record pertinent to a hearing or matter pending before the
 6-6     commission.
 6-7           SECTION 6.  Chapter 13, Finance Code, is amended to read as
 6-8     follows:
 6-9               CHAPTER 13.  SAVINGS BANK [AND LOAN] DEPARTMENT
6-10           Sec. 13.001.  DEFINITIONS.  The definitions provided by
6-11     Section 31.002 apply to this chapter.
6-12           Sec. 13.002.  SAVINGS BANK [AND LOAN] COMMISSIONER.  (a)  The
6-13     savings bank [and loan] commissioner is the chief executive officer
6-14     of the Savings Bank [and Loan] Department.  The finance commission,
6-15     by at least five affirmative votes, shall appoint the savings bank
6-16     [and loan] commissioner.  The savings bank [and loan] commissioner
6-17     serves at the will of the finance commission, is an employee of the
6-18     finance commission, and is subject to the finance commission's
6-19     orders and direction.
6-20           (b)  The savings bank [and loan] commissioner must have not
6-21     less than seven years' experience in the executive management of a
6-22     savings association or savings bank or in savings association or
6-23     savings bank supervision.
6-24           (c)  The finance commission shall set the compensation of the
6-25     savings bank [and loan] commissioner.  The compensation shall be
6-26     paid from money of the Savings Bank [and Loan] Department.
6-27           Sec. 13.003.  DEPUTY COMMISSIONERS.  (a)  The savings bank
 7-1     [and loan] commissioner may [shall] appoint one or more deputy
 7-2     savings bank [and loan] commissioners.
 7-3           (b)  If the savings bank commissioner appoints one or more
 7-4     deputy savings bank commissioners, at least one [One] deputy
 7-5     savings bank [and loan] commissioner must have the qualifications
 7-6     required of the savings bank [and loan]  commissioner.  During the
 7-7     savings bank [and loan] commissioner's absence or inability to
 7-8     serve, that deputy savings bank [and loan]  commissioner has the
 7-9     powers and shall perform the duties of the savings bank [and loan]
7-10     commissioner.
7-11           Sec. 13.004.  EXAMINERS.  The savings bank [and loan]
7-12     commissioner shall appoint [savings association and] savings bank
7-13     examiners.
7-14           Sec. 13.005.  COMPENSATION OF OFFICERS AND EMPLOYEES.  (a)
7-15     Subject to Subsection (b), each officer and employee of the Savings
7-16     Bank [and Loan] Department is entitled to compensation set by the
7-17     finance commission.  The compensation shall be paid from the money
7-18     of the Savings Bank [and Loan] Department.
7-19           (b)  Chapter 654, Government Code, applies to a position of
7-20     the Savings Bank [and Loan] Department only if it is classified in
7-21     salary groups 1-10 under the General Appropriations Act.  The
7-22     legislature in the General Appropriations Act may determine the
7-23     total amount appropriated to the Savings Bank [and Loan] Department
7-24     but may not determine the number or salaries of employees other
7-25     than the positions specifically subject to Chapter 654, Government
7-26     Code, as provided by this section.  The finance commission, subject
7-27     to the limits provided by this section, shall otherwise determine
 8-1     the number of employees of the Savings Bank [and Loan] Department
 8-2     and the salaries of those employees.  The Savings Bank [and Loan]
 8-3     Department may use money appropriated to it for any purpose to pay
 8-4     the salaries determined by the finance commission.
 8-5           Sec. 13.006.  OATH OF OFFICE.  Before assuming the duties of
 8-6     office, each deputy savings bank [and loan] commissioner, examiner,
 8-7     assistant examiner, conservator, supervisor, and special agent and
 8-8     each other officer or employee specified by the savings bank [and
 8-9     loan] commissioner must take an oath of office to discharge
8-10     faithfully the duties assigned and uphold the constitution and laws
8-11     of this state and the United States.
8-12           Sec. 13.007.  GENERAL POWERS AND DUTIES OF COMMISSIONER.  The
8-13     savings bank [and loan] commissioner shall:
8-14                 (1)  supervise and regulate the organization,
8-15     operation, and liquidation of [state savings associations, as
8-16     provided by Subtitle B, Title 3, and state] savings banks, as
8-17     provided by Subtitle C, Title 3; and
8-18                 (2)  enforce that subtitle [those subtitles] personally
8-19     or through a deputy savings bank [and loan] commissioner, examiner,
8-20     supervisor, conservator, or other agent.
8-21           Sec. 13.008.  FEES, REVENUE, AND EXPENSES; AUDIT.  (a)  The
8-22     savings bank [and loan] commissioner and the finance commission
8-23     shall establish reasonable and necessary fees for the
8-24     administration of Subtitle [Subtitles B and] C, Title 3, and for
8-25     the support of the finance commission as provided by Subchapter C,
8-26     Chapter 11.
8-27           (b)  The savings bank [and loan] commissioner shall:
 9-1                 (1)  collect all fees, penalties, charges, and revenue
 9-2     required to be paid by state savings associations and savings
 9-3     banks; and
 9-4                 (2)  periodically submit to the finance commission, as
 9-5     directed by the finance commission, a complete report of the
 9-6     receipts and expenditures of the Savings Bank [and Loan]
 9-7     Department.
 9-8           (c)  The cost of an audit of the financial transactions of
 9-9     the Savings Bank [and Loan] Department under Chapter 321,
9-10     Government Code, shall be paid to the state auditor from the money
9-11     of the Savings Bank [and Loan] Department.
9-12           Sec. 13.009.  CONFLICTS OF LAW.  If this chapter conflicts
9-13     with Subtitle [B or] C, Title 3, this chapter controls.
9-14           Sec. 13.010.  CONFLICTS OF INTEREST.  (a)  An officer or
9-15     employee of the Savings Bank [and Loan] Department may not be:
9-16                 (1)  an officer, employee, or paid consultant of a
9-17     trade association in the savings association industry or the
9-18     savings bank industry; or
9-19                 (2)  related within the second degree by affinity or
9-20     consanguinity, as determined under Chapter 573, Government Code, to
9-21     a person who is an officer, employee, or paid consultant of a trade
9-22     association in the savings association industry or the savings bank
9-23     industry.
9-24           (b)  Before the 11th day after the date on which an employee
9-25     begins employment with the Savings Bank [and Loan] Department, the
9-26     employee shall read the conflict-of-interest statutes applicable to
9-27     employees of the Savings Bank [and Loan] Department and sign a
 10-1    notarized affidavit stating that the employee has read those
 10-2    statutes.
 10-3          Sec. 13.011.  CONSUMER INFORMATION AND COMPLAINTS.  (a)  The
 10-4    savings bank [and loan] commissioner shall prepare information of
 10-5    consumer interest describing:
 10-6                (1)  the regulatory functions of the Savings Bank [and
 10-7    Loan] Department; and
 10-8                (2)  the procedures by which consumer complaints are
 10-9    filed with and resolved by the Savings Bank [and Loan] Department.
10-10          (b)  The information under Subsection (a) must be made
10-11    available to the public and appropriate state agencies.
10-12          (c)  The Savings Bank [and Loan] Department shall keep an
10-13    information file about each filed complaint relating to a state
10-14    [savings association or] savings bank.
10-15          (d)  At least quarterly until final disposition of any
10-16    written complaint that is filed with the Savings Bank [and Loan]
10-17    Department relating to a state [savings association or] savings
10-18    bank, the Savings Bank [and Loan] Department shall notify the
10-19    parties to the complaint of the status of the complaint unless the
10-20    notice would jeopardize an undercover investigation.
10-21          Sec. 13.012.  SUNSET PROVISION.  The office of savings bank
10-22    [and loan] commissioner and the Savings Bank [and Loan] Department
10-23    are subject to Chapter 325, Government Code (Texas Sunset Act).
10-24    Unless continued in existence as provided by that chapter, the
10-25    office and department are abolished September 1, 2001.
10-26          SECTION 7.  Section 91.002(15), Finance Code, is amended to
10-27    read as follows:
 11-1                (15)  "Foreign savings bank" means a savings bank or
 11-2    savings and loan association:
 11-3                      (A)  organized under the laws of:
 11-4                            (i)  a state of the United States other
 11-5    than this state; or
 11-6                            (ii)  the United States; and
 11-7                      (B)  the principal office of which is located
 11-8    outside this state.
 11-9          SECTION 8.  Subtitle B, Title 3, Finance Code, is repealed.
11-10          SECTION 9.  (a)  On the effective date of this Act, each
11-11    savings and loan association organized under the laws of this state
11-12    shall convert into a state-chartered savings bank as provided by
11-13    Subchapter G, Chapter 92, Finance Code, except that a savings and
11-14    loan association may not be required to submit an application for
11-15    conversion and is entitled to retain and continue to use the
11-16    association's corporate name.
11-17          (b)  The Finance Commission of Texas by rule shall provide
11-18    for a plan of conversion relating to the conversion of savings and
11-19    loan associations as required by this section.
11-20          (c)  Any reference in the law to a savings and loan
11-21    association organized under the laws of this state, including a
11-22    reference to a savings and loan association or state savings
11-23    association, means a state-chartered savings bank as provided by
11-24    Subtitle C, Title 3, Finance Code.
11-25          SECTION 10.  (a)  This Act takes effect September 1, 1999.
11-26          (b)  The name of the Savings and Loan Department is changed
11-27    to the Savings Bank Department, and the name of the savings and
 12-1    loan commissioner is changed to the savings bank commissioner.  Any
 12-2    reference in the law to the Savings and Loan Department or savings
 12-3    and loan commissioner means the Savings Bank Department and savings
 12-4    bank commissioner, respectively.
 12-5          (c)  Before using new stationery or other supplies printed
 12-6    with the department's name as changed by this Act, the Savings Bank
 12-7    Department shall use all stationery and other supplies that are
 12-8    printed with the department's former name and that are in its
 12-9    possession on the effective date of this Act.
12-10          (d)  The validity of a form, procedure adopted, proceeding
12-11    begun, or other action taken by or in connection with the authority
12-12    of the Savings and Loan Department before the change of its name
12-13    under Subsection (b) of this section is not affected by this Act.
12-14    To the extent those actions continue to have any effect on or after
12-15    September 1, 1999, they are considered to be the actions of the
12-16    Savings Bank Department.               
12-17          (e)  Any appropriation made to the Savings and Loan
12-18    Department is available to the department under its name as changed
12-19    by this Act.
12-20          SECTION 11.  The importance of this legislation and the
12-21    crowded condition of the calendars in both houses create an
12-22    emergency and an imperative public necessity that the
12-23    constitutional rule requiring bills to be read on three several
12-24    days in each house be suspended, and this rule is hereby suspended.