SRC-TBR C.S.H.B. 1763 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1763
By: McCall (Sibley)
Business & Commerce
5/8/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

The Finance Commission of Texas (Finance commission) is the governing body
for the Texas Department of Banking, the Savings and Loan Department, and
the Office of Consumer Credit Commissioner.  The Sunset Advisory Commission
has recommended that the finance commission be continued with certain
changes to its composition, authority, and status as an independent agency.
C.S.H.B. 1763 continues the Finance Commission of Texas for twelve years
and adopts the recommendations of the Sunset Advisory Commission.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Finance Commission in
SECTION 12 (Section 11.306, Finance Code) and SECTION 13 (Section 11.307),
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.001, Finance Code, as follows:

Sec. 11.001.  DEFINITIONS. (a)  Defines "finance agency."

SECTION 2.  Amends Chapter 11A, Finance Code, by adding Section 11.002 as
follows: 

Sec. 11.002.  PURPOSE OF COMMISSION; STRATEGIC PLAN. (a)  Provides that the
Finance Commission of Texas (finance commission) is responsible for
overseeing and coordinating the Texas Department of Banking, the Savings
and Loan Department, and the Office of Consumer Credit Commissioner and
serves as the primary point of accountability for ensuring that state
depository and lending institutions function as a system, considering the
broad scope of the financial services industry.  Provides that the finance
commission is the policy-making body for those finance agencies and is not
a separate state agency.  Requires the finance commission to carry out its
functions in a manner that protects consumer interests, maintains a safe
and sound banking system, and increases the economic prosperity of the
state. 

(b)  Requires the finance commission to prepare and periodically update a
strategic plan for coordination of the state financial system.  Requires
each finance agency to cooperate in preparation of the plan. 

SECTION 3.  Amends Sections 11.102(b), (c), (d), and (e), Finance Code, as
follows: 

(b)  Requires one member, rather than two members, of the finance
commission to be a banking executive, one member, rather than two members,
of the finance commission to be a savings executive, one member of the
finance commission to be a consumer credit executive, and one member of the
finance commission to be a mortgage broker. 

(c)  Requires five members of the finance commission to be representatives
of the general public.  Requires at least one of those members to be a
certified public accountant.  
 
(d)  Prohibits a person from being a public member of the finance
commission if the person or the person's spouse meets certain requirements. 

(e)  Defines, "banking executive," "savings executive,"  "consumer credit
executive," and "mortgage broker." 

SECTION 4.  Amends Chapter 11B, Finance Code, by adding Section 11.1021,as
follows: 

Sec. 11.1021.  CONFLICT OF INTEREST. (a)  Defines, "Texas trade
association." 

(b)  Prohibits a person from being a member of the finance commission if
the person is an officer, employee, or paid consultant of a Texas trade
association in an industry regulated by a finance agency or the person's
spouse is an officer, manager, or paid consultant of a Texas trade
association in an industry regulated by a finance agency. 

(c)  Prohibits a person from being a member of the finance commission if
the person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for compensation on
behalf of a profession related to the operation of a finance agency. 

SECTION 5.  Amens Section 11.103, Finance Code, as follows:

Sec. 11.103.  New heading: REMOVAL OF MEMBERS.  (a)  Provides that it is a
ground for removal from the finance commission that a member does not have
at the time of taking office the qualifications required by Section 11.102,
does not maintain during service on the finance commission the
qualifications required by Section 11.102, is ineligible for membership
under Section 11.102 or 11.1021, cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's term
or is absent from more than half of the regularly scheduled finance
commission meetings that the member is eligible to attend during a calendar
year without an excuse approved by  a majority vote of the finance
commission. 

(b)  Requires if the banking commissioner, savings and loan commissioner,
or consumer credit commissioner has knowledge that a potential ground for
removal exists, to notify the presiding officer of the finance commission
of the potential ground.  Requires the presiding officer to then notify the
governor and the attorney general that a potential ground for removal
exists.  Requires the banking commissioner, savings and loan commissioner,
or consumer credit commissioner, if the potential ground for removal
involves the presiding officer, to notify the next highest ranking officer
of the finance commission, who shall then notify the governor and the
attorney general that a potential ground for removal exists. 

(c)  Provides that the validity of an action of the finance commission is
not affected by the fact that it was taken when a ground for removal of a
member of the finance commission existed.  Deletes language regarding
removal. 

SECTION 6.  Amens Section 11.108, Finance Code, to provide that the finance
commission is subject to Chapter 325, Government Code (Texas Sunset Act).
Provides that unless continued in existence as provided by that chapter,
the commission is abolished September 1, 2013, rather than 2001. 

SECTION 7.  Amends Chapter 11B, Finance Code, by adding Sections
11.109-11.112 as follows: 

Sec. 11.109.  STANDARDS OF CONDUCT.  Requires the presiding officer of the
finance commission or the presiding officer's designee to provide to
members of the finance commission, as often as necessary, information
regarding the requirements for office under this title, including
information regarding a person's responsibilities under applicable laws
relating to  standards of conduct for state officers. 


Sec. 11.110.  TRAINING. (a)  Provides that a person who is appointed to and
qualifies for office as a member of the finance commission may not vote,
deliberate, or be counted as a member in attendance at a meeting of the
finance commission until the person completes a training program that
complies with this section. 

(b)  Requires the training program to provide the person with certain
information. 

(c)  Provides that a person appointed to the finance commission is entitled
to reimbursement, as provided by the General Appropriations Act, for the
travel expenses incurred in attending the training program regardless of
whether the attendance at the program occurs before or after the person
qualifies for office. 

Sec. 11.111.  SEPARATION OF FUNCTIONS.  Requires the finance commission to
develop and implement policies that clearly separate the policymaking
responsibilities of the finance commission and the management
responsibilities of the banking commissioner, savings and loan
commissioner, and consumer credit commissioner and staff of the finance
agencies. 

Sec. 11.112.  PUBLIC TESTIMONY.  Requires the finance commission to develop
and implement policies that provide the public with a reasonable
opportunity to appear before the finance commission and to speak on any
issue under the jurisdiction of the finance agencies. 

SECTION 8.  Amends Section 11.202, Finance Code, to require the finance
commission to direct a finance agency to employ an internal auditor to
provide services to and facilitate commission oversight and control over
the finance agencies. 

(b)  Authorizes the Texas Department of Banking to employ a hearings
officer to serve the finance agencies as determined by interagency
agreement.  Provides that the hearings officer's only duty is to preside
over matters related to contested cases before a finance  agency or the
finance commission. 

SECTION 9.  Amends Section 11.203, Finance Code, as follows:

Sec. 11.203.  New heading: LIMITATION ON DIRECTION OF AUDITOR.  Provides
that the internal auditor reports to the finance commission and is not
subject to direction by the employing finance agency. 

SECTION 10.  Amends Section 11.204, Finance Code, as follows:

Sec. 11.204.  New heading: SHARING OF STAFF, EQUIPMENT, AND FACILITIES;
ALLOCATION OF COSTS.  (a)  Requires the finance commission to use the
staff, equipment, and facilities of the finance agencies to the extent
necessary to carry out the finance commission's duties.  Requires that, to
reduce administrative costs, the finance agencies share staff, equipment,
and facilities to the extent that the sharing contributes to cost
efficiency without detracting from the staff expertise needed for
individual areas of agency responsibility. 

(b)  Requires an interagency agreement to provide that the cost of staff
used by the finance commission, including the internal auditor, is to be
charged to the finance agencies in proportion to the amount of time devoted
to each agency's business.  Provides that all other costs of operation of
the finance commission are to be shared by and included in the budgets of
the finance agencies in proportion to the amount of cash receipts of each
of those agencies. 

SECTION 11.  Amends Section 11.305, Finance Code, by amending Subsections
(a) and (b) and  adding Subsection (d) as follows: 

(a)  Requires the finance commission to assign the banking commissioner,
savings and loan commissioner, or consumer credit commissioner to conduct
research on certain items. 

(b)  Makes a conforming change.

(d)  Requires the Texas Department of Banking and the Savings and Loan
Department to jointly conduct a continuing review of the condition of the
state banking system.  Requires the review to include a review of all
available national and state economic forecasts and an analysis of changing
banking practices and new banking legislation.  Periodically the
departments shall submit a report to the finance commission on the results
of the review, including information relating to the condition of the state
banking system at the time of the report and the predicted condition of
that system in the future.  

SECTION 12.  Amends Section 11.306, Finance Code, as follows:

Sec. 11.306.  New heading: MORTGAGE BROKER RULES.  Authorizes the finance
commission to adopt mortgage broker rules as provided by Chapter 156. 

SECTION 13.  Amends Chapter 11D, Finance Code, by adding Section 11.307, as
follows: 

Sec. 11.307.  RULES RELATING TO CONSUMER COMPLAINTS. (a)  Requires the
finance commission to adopt rules applicable to each entity regulated by
the Texas Department of Banking or the Savings and Loan Department
specifying the manner in which the entity provides consumers with
information on how to file complaints with the appropriate agency. 

(b)  Requires the finance commission to adopt rules applicable to each
entity regulated by a finance agency requiring the entity to include
information on how to file complaints with the appropriate agency in each
privacy notice that the entity is required to provide consumers under law,
including Pub. L. No. 106-102. 

SECTION 14.  Section 12.101(a), Finance Code, to provide that the banking
commissioner serves at the will of the finance commission, rather than is
an employee of the commission, and is subject to the finance commission's
orders and directions. 

SECTION 15.  Amends Section 13.002(a), Finance Code, to make a conforming
change. 

SECTION 16.  Amends Section 13.008(a), Finance Code, to delete language
regarding the savings and loan commissioner. 

SECTION 17.  Amends Section 14.051(b), Finance Code, to provide that the
commissioner serves at the will of the commission; and is subject to orders
and directions of the commission. 

SECTION 18.  Amends Section 14.107, Finance Code, to require the finance
commission to  establish reasonable and necessary fees for carrying out the
commissioner's powers and duties under this chapter, Title 4, and Chapters
392 and 394 and under Chapters 38-41, Business & Commerce Code. 

SECTIONS 19-21.  Make conforming changes to the Finance Code.

SECTION 22.  Amends Section 61.007, Finance Code, to require the finance
commission by rule set the amount of fees the commissioner charges for
supervision and examination of associations filing an application or other
documents, other services the commissioner performs and to specify the time
and manner of payment of the fees. 

 SECTION 23.  Amends Section 62.001(b), Finance Code, to make a
nonsubstantive change. 

SECTIONS 24-34.  Make conforming changes to the Finance Code.

SECTIONS 35-37  Make conforming and nonsubstantive changes to the Finance
Code. 

SECTIONS 38-71,  Make conforming changes to the Finance Code.

SECTION 72.  Amends Section 154.002, Finance Code, to define "commission."

SECTIONS 73-79  Make conforming changes to the Finance Code.

SECTION 80.  Makes conforming and nonsubstantive changes.

SECTION 81- 102  Make conforming changes to the Finance Code.

SECTION 103.  Repealer: Section 11.201 (Executive Director), Finance Code.

SECTION 104. (a)  Requires the Texas Legislature  to create and direct a
committee consisting of representatives of the pawnbroker industry, law
enforcement, and the computer software industry to study and recommend one
or more standard formats for pawnbrokers to electronically provide
reportable data to law enforcement agencies.  Requires the committee to
consider all privacy issues related to reporting such data to ensure the
protection of the financial information of the individuals who use the
services of the pawnbroker industry. 

(b)  Requires the committee to report its findings and recommendations to
the Texas Legislature not later than June 30, 2002. 

SECTION 105.  Provides that a rule adopted by the Texas Department of
Banking, the Banking Commissioner of Texas, the Savings and Loan
Commissioner, or the Consumer Credit Commissioner that is in effect on the
effective date of this Act and that is not inconsistent  with this  Act
remains in effect as a rule or regulation of the finance commission until
superseded by action of the finance commission. 

SECTION 106.  Provides that the changes made by this Act in the
prohibitions and qualifications applying to members of the finance
commission do not affect the entitlement of a member serving on the
commission immediately before the effective date of this Act to continue to
serve and function as a member of the finance commission for the remainder
of the member's term.  Provides that the changes in law apply only to a
member appointed on or after the effective date of this Act.  Provides that
this Act does not prohibit a person who is a member of the finance
commission on the effective date of this Act from being reappointed to the
finance commission if the person has the qualifications required for a
member under Chapter 11, Finance Code, as amended by this Act. 

SECTION 107.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES


SECTION 104. Deletes text from previous version of Substitute and replaces
it with text requiring the Texas Legislature  to create and direct a
committee consisting of representatives of the pawnbroker industry, law
enforcement, and the computer software industry to study and recommend one
or more standard formats for pawnbrokers to electronically provide
reportable data to law enforcement agencies.  Requires the committee to
consider all privacy issues related to reporting such data to ensure the
protection of the financial information of the individuals who use the
services of the pawnbroker industry. 
 

(b)  Requires the committee to report its findings and recommendations to
the Texas Legislature not later than June 30, 2002.