1-1     By:  McCall, et al. (Senate Sponsor - Sibley)         H.B. No. 1763
 1-2           (In the Senate - Received from the House April 24, 2001;
 1-3     April 25, 2001, read first time and referred to Committee on
 1-4     Business and Commerce; May 4, 2001, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 4, Nays
 1-6     0; May 4, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1763                  By:  Sibley
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the continuation and functions of the Finance
1-11     Commission of Texas and the regulation of certain financial
1-12     institutions and businesses.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1. Section 11.001, Finance Code, is amended to read
1-15     as follows:
1-16           Sec. 11.001.  DEFINITIONS. (a)  The definitions provided by
1-17     Section 31.002 apply to this chapter.
1-18           (b)  In this chapter, "finance agency" means:
1-19                 (1)  the Texas Department of Banking;
1-20                 (2)  the Savings and Loan Department; or
1-21                 (3)  the Office of Consumer Credit Commissioner.
1-22           SECTION 2. Subchapter A, Chapter 11, Finance Code, is amended
1-23     by adding Section 11.002 to read as follows:
1-24           Sec. 11.002.  PURPOSE OF COMMISSION; STRATEGIC PLAN. (a)  The
1-25     finance commission is responsible for overseeing and coordinating
1-26     the Texas Department of Banking, the Savings and Loan Department,
1-27     and the Office of Consumer Credit Commissioner and serves as the
1-28     primary point of accountability for ensuring that state depository
1-29     and lending institutions function as a system, considering the
1-30     broad scope of the financial services industry. The finance
1-31     commission is the policy-making body for those finance agencies and
1-32     is not a separate state agency. The finance commission shall  carry
1-33     out its functions in a manner that protects consumer interests,
1-34     maintains a safe and sound banking system, and increases the
1-35     economic prosperity of the state.
1-36           (b)  The finance commission shall prepare and periodically
1-37     update a strategic plan for coordination of the state financial
1-38     system.  Each finance agency shall cooperate in preparation of the
1-39     plan.
1-40           SECTION 3. Sections 11.102(b), (c), (d), and (e), Finance
1-41     Code, are amended to read as follows:
1-42           (b)  One member [Two members] of the finance commission must
1-43     be a banking executive, one member [executives and two members] of
1-44     the finance commission must be a savings executive, one member of
1-45     the finance commission must be a consumer credit executive, and one
1-46     member of the finance commission must be a mortgage broker
1-47     [executives].
1-48           (c)  Five members of the finance commission must be
1-49     representatives of the general public [may not be banking
1-50     executives, savings executives, or controlling shareholders in a
1-51     bank, savings association, or savings bank but must be selected by
1-52     the governor on the basis of recognized business ability].  At
1-53     least one of those members must be a certified public accountant.
1-54           (d)  A person may not be a public member of the finance
1-55     commission if the person or the person's spouse:
1-56                 (1)  is registered, certified, or licensed by a
1-57     regulatory agency in an industry regulated by a finance agency;
1-58                 (2)  is employed by or participates in the management
1-59     of a business entity or other organization regulated by or
1-60     receiving money from a finance agency;
1-61                 (3)  owns or controls, directly or indirectly, more
1-62     than a 10 percent interest in a business entity or other
1-63     organization regulated by or receiving money from a finance agency;
1-64     or
 2-1                 (4)  uses or receives a substantial amount of tangible
 2-2     goods, services, or money from a finance agency other than
 2-3     compensation or reimbursement authorized by law for finance
 2-4     commission membership, attendance, or expenses.  [A member or
 2-5     employee of the finance commission may not be:]
 2-6                 [(1)  an officer, employee, or paid consultant of a
 2-7     trade association representing an industry regulated by the finance
 2-8     commission, the banking commissioner, the savings and loan
 2-9     commissioner, or the consumer credit commissioner;]
2-10                 [(2)  a person required to register as a lobbyist under
2-11     Chapter 305, Government Code, because of activities for a member of
2-12     an industry described by Subdivision (1); or]
2-13                 [(3)  related within the second degree by affinity or
2-14     consanguinity, as determined under Chapter 573, Government Code, to
2-15     a person who is an officer, employee, or paid consultant of a trade
2-16     association representing an industry described by Subdivision (1).]
2-17           (e)  For the purposes of this section:
2-18                 (1)  "Banking executive" means a person who:
2-19                       (A)  has had five years' or more executive
2-20     experience in a bank during the seven-year period preceding the
2-21     person's appointment; and
2-22                       (B)  [at the time of the person's appointment] is
2-23     an officer of a state bank.
2-24                 (2)  "Savings executive" means a person who:
2-25                       (A)  has had five years' or more executive
2-26     experience in a savings association or savings bank during the
2-27     seven-year period preceding the person's appointment; and
2-28                       (B)  [at the time of the person's appointment] is
2-29     an officer of a state savings association or savings bank.
2-30                 (3)  "Consumer credit executive" means a person who:
2-31                       (A)  has had five years' or more executive
2-32     experience in an entity regulated by the consumer credit
2-33     commissioner during the seven-year period preceding the person's
2-34     appointment; and
2-35                       (B)  is an officer of an entity regulated by the
2-36     consumer credit commissioner.
2-37                 (4)  "Mortgage broker" means a person who:
2-38                       (A)  has had five years' or more experience as a
2-39     mortgage broker, as defined by Section 156.002, during the
2-40     seven-year period preceding the person's appointment; and
2-41                       (B)  is a mortgage broker, as defined by Section
2-42     156.002.
2-43           SECTION 4. Subchapter B, Chapter 11, Finance Code, is amended
2-44     by adding Section 11.1021 to read as follows:
2-45           Sec. 11.1021.  CONFLICT OF INTEREST. (a)  In this section,
2-46     "Texas trade association" means a cooperative and voluntarily
2-47     joined association of business or professional competitors in this
2-48     state designed to assist its members and its industry or profession
2-49     in dealing with mutual business or professional problems and in
2-50     promoting their common interest.
2-51           (b)  A person may not be a member of the finance commission
2-52     if:
2-53                 (1)  the person is an officer, employee, or paid
2-54     consultant of a Texas trade association in an industry regulated by
2-55     a finance agency; or
2-56                 (2)  the person's spouse is an officer, manager, or
2-57     paid consultant of a Texas trade association in an industry
2-58     regulated by a finance agency.
2-59           (c)  A person may not be a member of the finance commission
2-60     if the person is required to register as a lobbyist under Chapter
2-61     305, Government Code, because of the person's activities for
2-62     compensation on behalf of a profession related to the operation of
2-63     a finance agency.
2-64           SECTION 5. Section 11.103, Finance Code, is amended to read
2-65     as follows:
2-66           Sec. 11.103.  REMOVAL OF MEMBERS[;  VACANCIES]. (a)  It is a
2-67     ground for removal from the finance commission that a member:
2-68                 (1)  does not have at the time of taking office the
2-69     qualifications required by Section 11.102;
 3-1                 (2)  does not maintain during service on the finance
 3-2     commission the qualifications required by Section 11.102;
 3-3                 (3)  is ineligible for membership under Section 11.102
 3-4     or 11.1021;
 3-5                 (4)  cannot, because of illness or disability,
 3-6     discharge the member's duties for a substantial part of the
 3-7     member's term; or
 3-8                 (5)  is absent from more than half of the regularly
 3-9     scheduled finance commission meetings that the member is eligible
3-10     to attend during a calendar year without an excuse approved by  a
3-11     majority vote of the finance commission.
3-12           (b)  If the banking commissioner, savings and loan
3-13     commissioner, or consumer credit commissioner has knowledge that a
3-14     potential ground for removal exists, the banking commissioner,
3-15     savings and loan commissioner, or consumer credit commissioner
3-16     shall notify the presiding officer of the finance commission of the
3-17     potential ground.  The presiding officer shall then notify the
3-18     governor and the attorney general that a potential ground for
3-19     removal exists.  If the potential ground for removal involves the
3-20     presiding officer, the banking commissioner, savings and loan
3-21     commissioner, or consumer credit commissioner shall notify the next
3-22     highest ranking officer of the finance commission, who shall then
3-23     notify the governor and the attorney general that a potential
3-24     ground for removal exists.
3-25           (c) [(a)  A ground for removal from the finance commission
3-26     exists if a member:]
3-27                 [(1)  did not have at the time of appointment the
3-28     qualifications required by Section 11.102 for appointment to the
3-29     finance commission;]
3-30                 [(2)  does not maintain the qualifications required by
3-31     Section 11.102 during service on the finance commission;]
3-32                 [(3)  violates a prohibition established by Section
3-33     11.105;]
3-34                 [(4)  cannot discharge the member's duties for a
3-35     substantial part of the term for which the member is appointed
3-36     because of illness or disability; or]
3-37                 [(5)  is absent from more than half of the regularly
3-38     scheduled finance commission meetings that the member is eligible
3-39     to attend during a calendar year unless the absence is excused by
3-40     majority vote of the finance commission.]
3-41           [(b)  The governor shall appoint a qualified person to fill
3-42     any vacancy that occurs on the finance commission for the unexpired
3-43     term.]
3-44           [(c)  The executive director of the finance commission shall
3-45     notify the presiding officer of the finance commission of any
3-46     potential ground for removal of which the executive director has
3-47     knowledge.  The presiding officer then shall notify the governor
3-48     that a potential ground for removal exists.]
3-49           [(d)]  The validity of an action of the finance commission is
3-50     not affected by the fact that it was taken when a ground for
3-51     removal of a member of the finance commission existed.
3-52           SECTION 6. Section 11.108, Finance Code, is amended to read
3-53     as follows:
3-54           Sec. 11.108.  SUNSET PROVISION. The finance commission is
3-55     subject to Chapter 325, Government Code (Texas Sunset Act).  Unless
3-56     continued in existence as provided by that chapter, the commission
3-57     is abolished September 1, 2013 [2001].
3-58           SECTION 7. Subchapter B, Chapter 11, Finance Code, is amended
3-59     by adding Sections 11.109-11.112 to read as follows:
3-60           Sec. 11.109.  STANDARDS OF CONDUCT. The presiding officer of
3-61     the finance commission or the presiding officer's designee shall
3-62     provide to members of the finance commission, as often as
3-63     necessary, information regarding the requirements for office under
3-64     this title, including information regarding a person's
3-65     responsibilities under applicable laws relating to standards of
3-66     conduct for state officers.
3-67           Sec. 11.110.  TRAINING. (a)  A person who is appointed to and
3-68     qualifies for office as a member of the finance commission may not
3-69     vote, deliberate, or be counted as a member in attendance at a
 4-1     meeting of the finance commission until the person completes a
 4-2     training program that complies with this section.
 4-3           (b)  The training program must provide the person with
 4-4     information regarding:
 4-5                 (1)  the legislation that created the finance agencies
 4-6     and the finance commission;
 4-7                 (2)  the programs operated by the finance agencies;
 4-8                 (3)  the role and functions of the finance agencies;
 4-9                 (4)  the rules of the finance commission with an
4-10     emphasis on the rules that relate to disciplinary and investigatory
4-11     authority;
4-12                 (5)  the current budget for the finance agencies;
4-13                 (6)  the results of the most recent formal audit of the
4-14     finance agencies;
4-15                 (7)  the requirements of:
4-16                       (A)  the open meetings law, Chapter 551,
4-17     Government Code;
4-18                       (B)  the public information law, Chapter 552,
4-19     Government Code;
4-20                       (C)  the administrative procedure law,  Chapter
4-21     2001, Government Code; and
4-22                       (D)  other laws relating to public officials,
4-23     including conflict-of-interest laws; and
4-24                 (8)  any applicable ethics policies adopted by the
4-25     finance commission or the Texas Ethics Commission.
4-26           (c)  A person appointed to the finance commission is entitled
4-27     to reimbursement, as provided by the General Appropriations Act,
4-28     for the travel expenses incurred in attending the training program
4-29     regardless of whether the attendance at the program occurs before
4-30     or after the person qualifies for office.
4-31           Sec. 11.111.  SEPARATION OF FUNCTIONS. The finance commission
4-32     shall develop and implement policies that clearly separate the
4-33     policymaking responsibilities of the finance commission and the
4-34     management responsibilities of the banking commissioner, savings
4-35     and loan commissioner, and consumer credit commissioner and staff
4-36     of the finance agencies.
4-37           Sec. 11.112.  PUBLIC TESTIMONY. The finance commission shall
4-38     develop and implement policies that provide the public with a
4-39     reasonable opportunity to appear before the finance commission and
4-40     to speak on any issue under the jurisdiction of the finance
4-41     agencies.
4-42           SECTION 8. Section 11.202, Finance Code, is amended to read
4-43     as follows:
4-44           Sec. 11.202.  HEARINGS OFFICER AND AUDITOR. (a)  The finance
4-45     commission shall direct a finance agency to [may] employ [a
4-46     hearings officer and] an internal auditor to provide services to
4-47     and facilitate commission oversight and control over the finance
4-48     agencies [Texas Department of Banking, Savings and Loan Department,
4-49     and Office of Consumer Credit Commissioner].
4-50           (b)  The Texas Department of Banking may employ a hearings
4-51     officer to serve the finance agencies as determined by interagency
4-52     agreement. For the purposes of Section 2003.021, Government Code, a
4-53     hearings officer employed under this section is considered to be an
4-54     employee of each agency for which hearing services are provided.
4-55     The hearings officer's only duty is to preside over matters related
4-56     to contested cases before a finance [the] agency or the finance
4-57     commission.
4-58           SECTION 9. Section 11.203, Finance Code, is amended to read
4-59     as follows:
4-60           Sec. 11.203.  LIMITATION ON DIRECTION OF AUDITOR [STAFF]. The
4-61     [executive director, hearings officer,] internal auditor reports to
4-62     the finance commission and is[, and any other staff employed under
4-63     this subchapter are] not subject to direction by the employing
4-64     finance agency [Texas Department of Banking, Savings and Loan
4-65     Department, or Office of Consumer Credit Commissioner].
4-66           SECTION 10. Section 11.204, Finance Code, is amended to read
4-67     as follows:
4-68           Sec. 11.204.  SHARING OF STAFF, EQUIPMENT, AND FACILITIES;
4-69     ALLOCATION OF COSTS. (a)  The finance commission shall use the
 5-1     [reduce administrative costs by sharing of support] staff,
 5-2     equipment, and facilities of [among] the finance agencies [Texas
 5-3     Department of Banking, Savings and Loan Department, and Office of
 5-4     Consumer Credit Commissioner] to the extent necessary to carry out
 5-5     the finance commission's duties.  To reduce administrative costs,
 5-6     the finance agencies shall share staff, equipment, and facilities
 5-7     to the extent that the sharing contributes to cost efficiency
 5-8     without detracting from the staff expertise needed for individual
 5-9     areas of agency responsibility.  [The finance commission may employ
5-10     staff and purchase equipment and facilities to meet these
5-11     objectives and pay for its activities from appropriations or as
5-12     provided by Chapter 771, Government Code.]
5-13           (b)  An interagency agreement [regarding shared staff] must
5-14     provide that the cost of staff used by the finance commission,
5-15     including the internal auditor, [each member of shared staff other
5-16     than the executive director] is to be charged to the finance
5-17     agencies [Texas Department of Banking, Savings and Loan Department,
5-18     or Office of Consumer Credit Commissioner] in proportion to the
5-19     amount of time devoted to each agency's business.  All other costs
5-20     of operation of the finance commission are [The cost of the
5-21     executive director and the unallocated cost of operation of the
5-22     finance commission is] to be shared by and included in the budgets
5-23     of the finance agencies [department, Savings and Loan Department,
5-24     and Office of Consumer Credit Commissioner] in proportion to the
5-25     amount of cash receipts of each of those agencies.
5-26           SECTION 11. Section 11.305, Finance Code, is amended by
5-27     amending Subsections (a) and (b) and adding Subsection (d) to read
5-28     as follows:
5-29           (a)  The finance commission shall assign the banking
5-30     commissioner, savings and loan commissioner, or consumer credit
5-31     commissioner to conduct research on:
5-32                 (1)  the availability, quality, and prices of financial
5-33     services, including lending and depository services, offered in
5-34     this state to agricultural businesses, small businesses, and
5-35     individual consumers in this state; and
5-36                 (2)  the practices of business entities in this state
5-37     that provide financial services to agricultural businesses, small
5-38     businesses, and individual consumers in this state.
5-39           (b)  The banking commissioner, savings and loan commissioner,
5-40     or consumer credit commissioner [finance commission] may:
5-41                 (1)  apply for and receive public and private grants
5-42     and gifts to conduct the research authorized by this section; and
5-43                 (2)  contract with public and private entities to carry
5-44     out studies and analyses under this section.
5-45           (d)  The Texas Department of Banking and the Savings and Loan
5-46     Department shall jointly conduct a continuing review of the
5-47     condition of the state banking system.  The review must include a
5-48     review of all available national and state economic forecasts and
5-49     an analysis of changing banking practices and new banking
5-50     legislation. Periodically the departments shall submit a report to
5-51     the finance commission on the results of the review, including
5-52     information relating to the condition of the state banking system
5-53     at the time of the report and the predicted condition of that
5-54     system in the future.
5-55           SECTION 12. Section 11.306, Finance Code, is amended to read
5-56     as follows:
5-57           Sec. 11.306.  MORTGAGE BROKER RULES [BROKERS]. The finance
5-58     commission may adopt mortgage broker rules as provided by[:]
5-59                 [(1)  review any action or rule adopted by the savings
5-60     and loan commissioner under Chapter 156; and]
5-61                 [(2)  direct the savings and loan commissioner to
5-62     adopt, repeal, or amend any rule or other action the savings and
5-63     loan commissioner may undertake under] Chapter 156.
5-64           SECTION 13. Subchapter D, Chapter 11, Finance Code, is
5-65     amended by adding Section 11.307 to read as follows:
5-66           Sec. 11.307.  RULES RELATING TO CONSUMER COMPLAINTS. (a)  The
5-67     finance commission shall adopt rules applicable to each entity
5-68     regulated by the Texas Department of Banking or the Savings and
5-69     Loan Department specifying the manner in which the entity provides
 6-1     consumers with information on how to file complaints with the
 6-2     appropriate agency.
 6-3           (b)  The finance commission shall adopt rules applicable to
 6-4     each entity regulated by a finance agency requiring the entity to
 6-5     include information on how to file complaints with the appropriate
 6-6     agency in each privacy notice that the entity is required to
 6-7     provide consumers under law, including Pub. L. No. 106-102.
 6-8           SECTION 14. Section 12.101(a), Finance Code, is amended to
 6-9     read as follows:
6-10           (a)  The banking commissioner is the chief executive officer
6-11     of the Texas Department of Banking.  The finance commission, by at
6-12     least five affirmative votes, shall appoint the banking
6-13     commissioner.  The banking commissioner serves at the will of the
6-14     finance commission[, is an employee of the finance commission,] and
6-15     is subject to the finance commission's orders and directions.
6-16           SECTION 15. Section 13.002(a), Finance Code, is amended to
6-17     read as follows:
6-18           (a)  The savings and loan commissioner is the chief executive
6-19     officer of the Savings and Loan Department.  The finance
6-20     commission, by at least five affirmative votes, shall appoint the
6-21     savings and loan commissioner.  The savings and loan commissioner
6-22     serves at the will of the finance commission[, is an employee of
6-23     the finance commission,] and is subject to the finance commission's
6-24     orders and direction.
6-25           SECTION 16. Section 13.008(a), Finance Code, is amended to
6-26     read as follows:
6-27           (a)  The [savings and loan commissioner and the] finance
6-28     commission shall establish reasonable and necessary fees for the
6-29     administration of Subtitles B and C, Title 3, and for the support
6-30     of the finance commission as provided by Subchapter C, Chapter 11.
6-31           SECTION 17. Section 14.051(b), Finance Code, is amended to
6-32     read as follows:
6-33           (b)  The commissioner:
6-34                 (1)  [is an employee of the finance commission;]
6-35                 [(2)]  serves at the will of the commission; and
6-36                 (2) [(3)]  is subject to orders and directions of the
6-37     commission.
6-38           SECTION 18. Section 14.107, Finance Code, is amended to read
6-39     as follows:
6-40           Sec. 14.107.  FEES. The finance commission [commissioner]
6-41     shall establish reasonable and necessary fees for carrying out the
6-42     commissioner's powers and duties under this chapter, Title 4, and
6-43     Chapters 392 and 394 and under Chapters 38-41, Business & Commerce
6-44     Code.
6-45           SECTION 19. Section 14.157, Finance Code, is amended to read
6-46     as follows:
6-47           Sec. 14.157.  RULES. The finance commission [commissioner]
6-48     shall adopt rules governing the custody and use of information
6-49     obtained under this subchapter.
6-50           SECTION 20. Section 14.206(b), Finance Code, is amended to
6-51     read as follows:
6-52           (b)  A witness required to attend a hearing before the
6-53     commissioner shall receive for each day's attendance a fee and a
6-54     travel and transportation allowance as authorized by law or a rule
6-55     adopted by the finance commission [commissioner].
6-56           SECTION 21. Section 33.007(a), Finance Code, is amended to
6-57     read as follows:
6-58           (a)  If the banking commissioner believes that a person has
6-59     violated or is about to violate this subchapter or a rule of the
6-60     finance commission or order of the banking commissioner pertaining
6-61     to this subchapter, the attorney general on behalf of the banking
6-62     commissioner may apply to a district court of Travis County for an
6-63     order enjoining the violation and for other equitable relief the
6-64     nature of the case requires.
6-65           SECTION 22. Section 61.007, Finance Code, is amended to read
6-66     as follows:
6-67           Sec. 61.007.  FEES. The [commissioner and] finance commission
6-68     by rule shall:
6-69                 (1)  set the amount of fees the commissioner charges
 7-1     for:
 7-2                       (A)  supervision and examination of associations;
 7-3                       (B)  filing an application or other documents;
 7-4     and
 7-5                       (C)  other services the commissioner performs;
 7-6     and
 7-7                 (2)  specify the time and manner of payment of the
 7-8     fees.
 7-9           SECTION 23. Section 62.001(b), Finance Code, is amended to
7-10     read as follows:
7-11           (b)  An application must contain:
7-12                 (1)  two copies of the association's articles of
7-13     incorporation identifying:
7-14                       (A)  the name of the association;
7-15                       (B)  the location of the principal office; and
7-16                       (C)  the names and addresses of the initial
7-17     directors;
7-18                 (2)  two copies of the association's bylaws;
7-19                 (3)  data sufficiently detailed and comprehensive to
7-20     enable the commissioner to make a determination under Section
7-21     62.007, including statements, exhibits, and maps;
7-22                 (4)  other information relating to the association and
7-23     its operation that the [commissioner and the] finance commission by
7-24     rule requires [require]; and
7-25                 (5)  financial information about each applicant,
7-26     incorporator, director, or shareholder that the finance commission
7-27     by rule requires.
7-28           SECTION 24. Section 62.052(b), Finance Code, is amended to
7-29     read as follows:
7-30           (b)  The application must include information required by
7-31     [the commissioner or by] rule of the [commissioner and the] finance
7-32     commission.
7-33           SECTION 25. Section 62.152, Finance Code, is amended to read
7-34     as follows:
7-35           Sec. 62.152.  MINIMUM NET WORTH REQUIREMENT. An association
7-36     shall meet minimum net worth requirements prescribed by rule of the
7-37     [commissioner and the] finance commission.
7-38           SECTION 26. Section 62.553(c), Finance Code, is amended to
7-39     read as follows:
7-40           (c)  Unless the commissioner expressly waives a requirement
7-41     of this subsection, the application must contain:
7-42                 (1)  the identity, personal history, business
7-43     background and experience, and financial condition of each person
7-44     by whom or on whose behalf the acquisition is to be made, including
7-45     a description of:
7-46                       (A)  the managerial resources and future
7-47     prospects of each acquiring party; and
7-48                       (B)  any material pending legal or administrative
7-49     proceedings to which the person is a party;
7-50                 (2)  the terms of any proposed acquisition and the
7-51     manner in which the acquisition is to be made;
7-52                 (3)  the identity, source, and amount of the money or
7-53     other consideration used or to be used in making the acquisition
7-54     and, if any part of the money or other consideration has been or
7-55     will be borrowed or otherwise obtained for the purpose of making
7-56     the acquisition, a description of the transaction, the names of the
7-57     parties, and arrangements, agreements, or understandings with the
7-58     parties;
7-59                 (4)  any plan or proposal of an acquiring party to
7-60     liquidate the association, sell the association's assets, merge the
7-61     association with another company, or make other major changes in
7-62     the association's business or corporate structure or management;
7-63                 (5)  the terms of any offer, invitation, agreement, or
7-64     arrangement under which a voting security will be acquired and any
7-65     contract affecting that security or its financing after it is
7-66     acquired;
7-67                 (6)  information establishing that the requirements
7-68     under Section 62.555(b) are satisfied; and
7-69                 (7)  other information [the commissioner]:
 8-1                       (A)  the finance commission by rule requires to
 8-2     be furnished in an application; or
 8-3                       (B)  the commissioner orders to be included in a
 8-4     particular application.
 8-5           SECTION 27. Section 62.560(a), Finance Code, is amended to
 8-6     read as follows:
 8-7           (a)  The attorney general on behalf of the commissioner may
 8-8     apply for equitable relief, including an order enjoining a
 8-9     violation, if the commissioner believes a person has violated or is
8-10     about to violate this subchapter or a rule of the finance
8-11     commission or order of the commissioner adopted under this
8-12     subchapter.
8-13           SECTION 28. Section 64.001(a), Finance Code, is amended to
8-14     read as follows:
8-15           (a)  The [commissioner and the] finance commission shall
8-16     adopt rules relating to the power of associations operating under
8-17     this subtitle to make loans and investments.
8-18           SECTION 29. Section 64.083, Finance Code, is amended to read
8-19     as follows:
8-20           Sec. 64.083.  RULES. The [commissioner and the] finance
8-21     commission shall adopt rules to implement this subchapter,
8-22     including rules that define the categories of loans and investments
8-23     described by Section 64.081.
8-24           SECTION 30. Section 65.009(c), Finance Code, is amended to
8-25     read as follows:
8-26           (c)  An association shall compute and pay interest and
8-27     dividends according to rules of the [commissioner and the] finance
8-28     commission.
8-29           SECTION 31. Section 66.002, Finance Code, is amended to read
8-30     as follows:
8-31           Sec. 66.002.  ADOPTION OF RULES. The [commissioner and the]
8-32     finance commission may adopt rules relating to:
8-33                 (1)  the minimum amounts of capital stock and paid-in
8-34     surplus required for incorporation as a capital stock association;
8-35                 (2)  the minimum amounts of savings liability and
8-36     expense funds required for incorporation as a mutual association;
8-37                 (3)  the fees and procedures for processing, hearing,
8-38     and deciding applications filed with the commissioner or the
8-39     Savings and Loan Department under this subtitle;
8-40                 (4)  the books and records that an association is
8-41     required to keep and the location at which the books and records
8-42     are required to be maintained;
8-43                 (5)  the accounting principles and practices that an
8-44     association is required to observe;
8-45                 (6)  the conditions under which records may be copied
8-46     or reproduced for permanent storage before the original records are
8-47     destroyed;
8-48                 (7)  the form, contents, and time of publication of
8-49     statements of condition;
8-50                 (8)  the form and contents of annual reports and other
8-51     reports that an association is required to prepare and publish or
8-52     file;
8-53                 (9)  the manner in which assets, liabilities, and
8-54     transactions in general are to be described when entered in the
8-55     books of an association, so that the entry accurately describes the
8-56     subject matter of the entry; and
8-57                 (10)  the conditions under which the commissioner may
8-58     require an asset to be charged off or reserves established by
8-59     transfer from surplus or paid-in capital because of the
8-60     depreciation of or overstated value of the asset.
8-61           SECTION 32. Section 89.004, Finance Code, is amended to read
8-62     as follows:
8-63           Sec. 89.004.  INITIATION OF RULEMAKING BY ASSOCIATIONS. The
8-64     finance commission [commissioner] shall initiate rulemaking
8-65     proceedings if at least 20 percent of the associations petition the
8-66     finance commission [commissioner] in writing requesting the
8-67     adoption, amendment, or repeal of a rule.
8-68           SECTION 33. Section 91.002(20), Finance Code, is amended to
8-69     read as follows:
 9-1                 (20)  "Regulatory capital" means a common stockholders'
 9-2     equity, including retained earnings, noncumulative perpetual
 9-3     preferred stock and related earnings, minority interests in the
 9-4     equity accounts of fully consolidated subsidiaries, and other
 9-5     elements established by rules of the [commissioner and the] finance
 9-6     commission.
 9-7           SECTION 34. Section 91.007, Finance Code, is amended to read
 9-8     as follows:
 9-9           Sec. 91.007.  FEES. The [commissioner and the] finance
9-10     commission by rule shall:
9-11                 (1)  set the amount of fees the commissioner charges
9-12     for:
9-13                       (A)  supervision and examination of savings
9-14     banks;
9-15                       (B)  filing an application or other documents;
9-16                       (C)  conducting a hearing; and
9-17                       (D)  other services the commissioner performs;
9-18     and
9-19                 (2)  specify the time and manner of payment of the
9-20     fees.
9-21           SECTION 35. Section 92.051(b), Finance Code, is amended to
9-22     read as follows:
9-23           (b)  An application must contain:
9-24                 (1)  two copies of the savings bank's articles of
9-25     incorporation identifying:
9-26                       (A)  the name of the savings bank;
9-27                       (B)  the location of the principal office; and
9-28                       (C)  the names and addresses of the initial
9-29     directors;
9-30                 (2)  two copies of the savings bank's bylaws;
9-31                 (3)  data sufficiently detailed and comprehensive to
9-32     enable the commissioner to make findings under Section 92.058,
9-33     including statements, exhibits, and maps;
9-34                 (4)  other information relating to the savings bank and
9-35     its operation that the [commissioner and the] finance commission by
9-36     rule requires [require]; and
9-37                 (5)  financial information about each applicant,
9-38     incorporator, director, officer, or shareholder that the
9-39     [commissioner and the] finance commission by rule requires
9-40     [require].
9-41           SECTION 36.  Section 92.052(b), Finance Code, is amended to
9-42     read as follows:
9-43           (b)  Before approving the application of a capital stock
9-44     savings bank, the commissioner shall require the savings bank to
9-45     have an aggregate amount of capital in the form of stock and
9-46     paid-in surplus the [commissioner and the] finance commission by
9-47     rule specifies [specify].
9-48           SECTION 37.  Section 92.053(b), Finance Code, is amended to
9-49     read as follows:
9-50           (b)  Before approving the articles of incorporation of a
9-51     mutual savings bank, the commissioner shall require the savings
9-52     bank to have subscriptions for an aggregate amount of deposit
9-53     accounts and an expense fund in an aggregate amount the
9-54     [commissioner and the] finance commission by rule establishes
9-55     [establish] as necessary for the successful operation of a mutual
9-56     savings bank.
9-57           SECTION 38.  Section 92.054(a), Finance Code, is amended to
9-58     read as follows:
9-59           (a)  The [commissioner and the] finance commission by rule
9-60     shall set the minimum initial capital of a savings bank in an
9-61     amount not less than the greater of:
9-62                 (1)  the amount required to obtain insurance of deposit
9-63     accounts by the Federal Deposit Insurance Corporation; or
9-64                 (2)  the amount required of a national bank.
9-65           SECTION 39.  Section 92.057(a), Finance Code, is amended to
9-66     read as follows:
9-67           (a)  On the filing of a complete application to incorporate,
9-68     as defined by rules adopted by the [commissioner and the] finance
9-69     commission, the commissioner shall:
 10-1                (1)  issue public notice of the application; and
 10-2                (2)  give any interested person an opportunity to
 10-3    appear, present evidence, and be heard for or against the
 10-4    application.
 10-5          SECTION 40.  Sections 92.063(a) and (b), Finance Code, are
 10-6    amended to read as follows:
 10-7          (a)  Only with the prior approval of the commissioner given
 10-8    in accordance with rules of the [commissioner and the] finance
 10-9    commission may a savings bank:
10-10                (1)  establish an office other than the principal
10-11    office stated in the savings bank's articles of incorporation;
10-12                (2)  move an office from its immediate vicinity; or
10-13                (3)  change the savings bank's name.
10-14          (b)  The commissioner may permit a savings bank to establish
10-15    additional offices in this state or another state in accordance
10-16    with rules of the [commissioner and the] finance commission.
10-17          SECTION 41.  Section 92.102(b), Finance Code, is amended to
10-18    read as follows:
10-19          (b)  The application must include information required by the
10-20    commissioner or by rule of the [commissioner and the] finance
10-21    commission.
10-22          SECTION 42.  Sections 92.155(a) and (b), Finance Code, are
10-23    amended to read as follows:
10-24          (a)  Except as the [commissioner and the] finance commission
10-25    by rule provides [provide], a director or officer may not:
10-26                (1)  receive directly or indirectly a commission on or
10-27    benefit from a loan made by the savings bank;
10-28                (2)  pay for services rendered to a borrower from the
10-29    savings bank in connection with a loan;
10-30                (3)  direct or require a borrower on a mortgage to
10-31    negotiate an insurance policy on the mortgage property through a
10-32    particular insurance company;
10-33                (4)  attempt to divert to a particular insurance broker
10-34    the business of borrowers from the savings bank;
10-35                (5)  refuse to accept an insurance policy on the
10-36    mortgaged property because the policy was not negotiated through a
10-37    particular insurance broker;
10-38                (6)  become an obligor, including an endorser, surety,
10-39    or guarantor, on a loan made by the savings bank;
10-40                (7)  borrow or use, individually or as agent or partner
10-41    of another, directly or indirectly, money of the savings bank;
10-42                (8)  become the owner of real property on which the
10-43    savings bank holds a mortgage unless the loan is fully secured by:
10-44                      (A)  a first-lien mortgage on property that:
10-45                            (i)  is to be occupied as the director's or
10-46    officer's primary residence; and
10-47                            (ii)  is specifically approved in writing
10-48    by the board; or
10-49                      (B)  a deposit maintained by the officer or
10-50    director with the savings bank; or
10-51                (9)  engage in any other activity [the commissioner
10-52    and] the finance commission by rule prohibits [prohibit].
10-53          (b)  Except as the [commissioner and the] finance commission
10-54    by rule provides [provide], a savings bank may not make a loan to a
10-55    corporation in which:
10-56                (1)  a director or officer of the savings bank holds
10-57    stock, options, or warrants to purchase stock in the amount of five
10-58    percent or more of the outstanding stock; or
10-59                (2)  the directors of the savings bank together hold
10-60    stock, options, or warrants to purchase stock in the amount of five
10-61    percent or more of the outstanding stock.
10-62          SECTION 43.  Section 92.201, Finance Code, is amended to read
10-63    as follows:
10-64          Sec. 92.201.  BOOKS AND RECORDS.  A savings bank shall
10-65    maintain its books and records according to generally accepted
10-66    accounting principles and to rules adopted by the [commissioner and
10-67    the] finance commission.
10-68          SECTION 44.  Section 92.202, Finance Code, is amended to read
10-69    as follows:
 11-1          Sec. 92.202.  LIQUIDITY.  Unless approved in advance by the
 11-2    commissioner, a savings bank shall maintain an amount equal to at
 11-3    least 10 percent of its average daily deposits for the most
 11-4    recently completed calendar quarter in:
 11-5                (1)  cash;
 11-6                (2)  balances in a federal reserve bank or passed
 11-7    through a federal home loan bank or another depository institution
 11-8    to a federal reserve bank under the Federal Reserve Act (12 U.S.C.
 11-9    Section 221 et seq.); or
11-10                (3)  other readily marketable investments, including
11-11    unencumbered federal government sponsored enterprises securities,
11-12    as allowed by rules adopted by the [commissioner and the] finance
11-13    commission.
11-14          SECTION 45.  Section 92.203, Finance Code, is amended to read
11-15    as follows:
11-16          Sec. 92.203.  REGULATORY CAPITAL.  A savings bank shall
11-17    maintain regulatory capital in the amount prescribed by rule of the
11-18    [commissioner and the] finance commission.  The amount may not be
11-19    less than the amount of regulatory capital required for a
11-20    corresponding national bank.
11-21          SECTION 46.  Section 92.209(d), Finance Code, is amended to
11-22    read as follows:
11-23          (d)  The extent to which preferred stock may be included as
11-24    regulatory capital of a savings bank is subject to the rules
11-25    adopted by the [commissioner and the] finance commission.
11-26          SECTION 47.  Section 92.303(b), Finance Code, is amended to
11-27    read as follows:
11-28          (b)  After the examination, the commissioner shall approve
11-29    the conversion without a hearing if the commissioner determines
11-30    that the converting financial institution is in sound condition and
11-31    meets all requirements of Subchapter B and relevant rules of the
11-32    [commissioner and the] finance commission.
11-33          SECTION 48.  Section 92.553(c), Finance Code, is amended to
11-34    read as follows:
11-35          (c)  Unless the commissioner expressly waives a requirement
11-36    of this subsection, the application must contain:
11-37                (1)  the identity, history, business background and
11-38    experience, and financial condition of each person by whom or on
11-39    whose behalf the acquisition is to be made, including a description
11-40    of:
11-41                      (A)  the managerial resources and future
11-42    prospects of each acquiring party; and
11-43                      (B)  any material pending legal or administrative
11-44    proceedings to which the applicant is a party;
11-45                (2)  the terms of any proposed acquisition and the
11-46    manner in which the acquisition is to be made;
11-47                (3)  the identity, source, and amount of the money or
11-48    other consideration used or to be used in making the acquisition
11-49    and, if any part of the money or other consideration was or is to
11-50    be borrowed or otherwise obtained for the purpose of making the
11-51    acquisition, a description of the transaction, the names of the
11-52    parties, and arrangements, agreements, or understandings with those
11-53    parties;
11-54                (4)  any plan or proposal of an acquiring party to
11-55    liquidate the savings bank, sell the savings bank's assets, merge
11-56    the savings bank with another company, or make other major changes
11-57    in the savings bank's business, corporate structure, or management;
11-58                (5)  the terms of any offer, invitation, agreement, or
11-59    arrangement under which a voting security of the savings bank will
11-60    be acquired and any contract affecting that security or its
11-61    financing after it is acquired;
11-62                (6)  information establishing that the requirements
11-63    under Section 92.556(a) are satisfied; and
11-64                (7)  other information that [the commissioner]:
11-65                      (A)  the finance commission by rule requires; or
11-66                      (B)  the commissioner orders to be included in a
11-67    particular application.
11-68          SECTION 49.  Section 92.560(a), Finance Code, is amended to
11-69    read as follows:
 12-1          (a)  The attorney general on behalf of the commissioner may
 12-2    apply for equitable relief as the case may require, including an
 12-3    order prohibiting the violation, if it appears to the commissioner
 12-4    that a person has violated or is about to violate this subchapter
 12-5    or a rule of the finance commission or order of the commissioner
 12-6    adopted under this subchapter.
 12-7          SECTION 50.  Section 93.001(c), Finance Code, is amended to
 12-8    read as follows:
 12-9          (c)  A savings bank may:
12-10                (1)  sue and be sued in its corporate name;
12-11                (2)  adopt and operate a reasonable bonus plan,
12-12    profit-sharing plan, stock bonus plan, stock option plan, pension
12-13    plan, or similar incentive plan for its directors, officers, or
12-14    employees, subject to any limitations under this subtitle or rules
12-15    adopted under this subtitle;
12-16                (3)  make reasonable donations for the public welfare
12-17    or for a charitable, scientific, religious, or educational purpose;
12-18                (4)  pledge its assets to secure deposits of public
12-19    money of the United States, if required by the United States,
12-20    including revenue and money the deposit of which is subject to
12-21    control or regulation of the United States;
12-22                (5)  pledge its assets to secure deposits of public
12-23    money of any state or of a political corporation or political
12-24    subdivision of any state;
12-25                (6)  become a member of or deal with any corporation or
12-26    agency of the United States or this state, to the extent that the
12-27    corporation or agency assists in furthering the purposes or powers
12-28    of savings banks, and for that purpose may purchase stock or
12-29    securities of the corporation or agency or deposit money with the
12-30    corporation or agency and may comply with any other condition of
12-31    membership credit;
12-32                (7)  become a member of a federal home loan bank or the
12-33    Federal Reserve System;
12-34                (8)  hold title to any assets acquired because of the
12-35    collection or liquidation of a loan, investment, or discount and
12-36    may administer those assets as necessary;
12-37                (9)  receive and repay any deposit or account in
12-38    accordance with this subtitle and rules of the finance commission
12-39    [and the commissioner]; and
12-40                (10)  lend and invest its money as authorized by this
12-41    subtitle and rules of the finance commission [and the
12-42    commissioner].
12-43          SECTION 51.  Section 93.004, Finance Code, is amended to read
12-44    as follows:
12-45          Sec. 93.004.  POWER TO BORROW. (a)  A savings bank may borrow
12-46    and give security, subject to rules adopted by the finance
12-47    commission [and the commissioner].
12-48          (b)  A savings bank at any time through action of its board
12-49    may issue a capital note, debenture, or other capital obligation
12-50    authorized by rules adopted by the finance commission [and the
12-51    commissioner].
12-52          SECTION 52.  Section 93.008, Finance Code, is amended to read
12-53    as follows:
12-54          Sec. 93.008.  POWERS RELATIVE TO OTHER FINANCIAL
12-55    INSTITUTIONS.  Subject to limitations prescribed by rule of the
12-56    finance commission [and the commissioner], a savings bank may make
12-57    a loan or investment or engage in an activity permitted:
12-58                (1)  under state law for a bank or savings and loan
12-59    association; or
12-60                (2)  under federal law for a federal savings and loan
12-61    association, savings bank, or national bank if the financial
12-62    institution's principal office is located in this state.
12-63          SECTION 53.  Section 94.001(a), Finance Code, is amended to
12-64    read as follows:
12-65          (a)  The [commissioner and the] finance commission by rule
12-66    may limit loans to one borrower.  Those limits may not be less
12-67    restrictive than the limits imposed on savings associations under
12-68    Section 5(u), Home Owners' Loan Act (12 U.S.C. Section 1464(u)).
12-69          SECTION 54.  Section 94.002(a), Finance Code, is amended to
 13-1    read as follows:
 13-2          (a)  Subject to rules adopted by the [commissioner and the]
 13-3    finance commission, a savings bank may lend or invest not more than
 13-4    40 percent of the savings bank's total assets in commercial loans.
 13-5          SECTION 55.  Section 94.203, Finance Code, is amended to read
 13-6    as follows:
 13-7          Sec. 94.203. RULES.  The [commissioner and the] finance
 13-8    commission shall adopt rules to implement this subchapter,
 13-9    including rules that define the categories of loans and investments
13-10    described by Section 94.201.
13-11          SECTION 56.  Section 94.251(a), Finance Code, is amended to
13-12    read as follows:
13-13          (a)  A savings bank or a subsidiary may not invest in an
13-14    equity security unless the security qualifies as an investment
13-15    grade security under rules adopted by the [commissioner and the]
13-16    finance commission.
13-17          SECTION 57.  Section 94.253, Finance Code, is amended to read
13-18    as follows:
13-19          Sec. 94.253.  RULES.  The [commissioner and the] finance
13-20    commission may adopt rules necessary to implement this subchapter,
13-21    including rules relating to eligible investment criteria,
13-22    investment diversification, and resource management requirements.
13-23          SECTION 58.  Section 94.301, Finance Code, is amended to read
13-24    as follows:
13-25          Sec. 94.301.  AUTHORIZATION.  With the prior consent of the
13-26    commissioner and subject to rules adopted by the [commissioner and
13-27    the] finance commission, a savings bank may invest in a subsidiary
13-28    corporation created under general corporation law.
13-29          SECTION 59.  Section 94.304, Finance Code, is amended to read
13-30    as follows:
13-31          Sec. 94.304.  RULES.  The [commissioner and the] finance
13-32    commission shall adopt rules on permitted activities of a
13-33    subsidiary corporation in which a savings bank invests under
13-34    Section 94.301.
13-35          SECTION 60.  Section 95.007(b), Finance Code, is amended to
13-36    read as follows:
13-37          (b)  A savings bank shall compute and pay interest and
13-38    dividends according to rules adopted by the [commissioner and the]
13-39    finance commission.
13-40          SECTION 61.  Section 96.002(a), Finance Code, is amended to
13-41    read as follows:
13-42          (a)  The [commissioner and the] finance commission may adopt
13-43    rules necessary to supervise and regulate savings banks and to
13-44    protect public investment in savings banks, including rules
13-45    relating to:
13-46                (1)  the minimum amounts of capital required to
13-47    incorporate and operate as a savings bank, which may not be less
13-48    than the amounts required of corresponding national banks;
13-49                (2)  the fees and procedures for processing, hearing,
13-50    and deciding applications filed with the commissioner or the
13-51    Savings and Loan Department under this subtitle;
13-52                (3)  the books and records that a savings bank is
13-53    required to keep and the location at which the books and records
13-54    are required to be maintained;
13-55                (4)  the accounting principles and practices that a
13-56    savings bank is required to observe;
13-57                (5)  the conditions under which records may be copied
13-58    or reproduced for permanent storage before the originals are
13-59    destroyed;
13-60                (6)  the form, content, and time of publication of
13-61    statements of condition;
13-62                (7)  the form and content of annual reports and other
13-63    reports that a savings bank is required to prepare and publish or
13-64    file;
13-65                (8)  the manner in which assets, liabilities, and
13-66    transactions in general are to be described when entered in the
13-67    books of a savings bank, so that the entry accurately describes the
13-68    subject matter of the entry;
13-69                (9)  the conditions under which the commissioner may
 14-1    require an asset to be charged off or reserves established by
 14-2    transfer from surplus or paid-in capital because of depreciation of
 14-3    or overstated value of the asset;
 14-4                (10)  the change of control of a savings bank;
 14-5                (11)  the conduct, management, and operation of a
 14-6    savings bank;
 14-7                (12)  the withdrawable accounts, bonuses, plans, and
 14-8    contracts for savings programs;
 14-9                (13)  the merger, consolidation, reorganization,
14-10    conversion, and liquidation of a savings bank;
14-11                (14)  the establishment of an additional office or the
14-12    change of office location or name of a savings bank;
14-13                (15)  the requirements for a savings bank's holding
14-14    companies, including those relating to:
14-15                      (A)  registration and periodic reporting of a
14-16    holding company with the commissioner; and
14-17                      (B)  transactions between a holding company, an
14-18    affiliate of a holding company, or a savings bank; and
14-19                (16)  the powers of a savings bank to make loans and
14-20    investments that contain provisions reasonably necessary to ensure
14-21    that a loan made by a savings bank is consistent with sound lending
14-22    practices and that the savings bank's investment will promote the
14-23    purposes of this subtitle, including provisions governing:
14-24                      (A)  the type of loans and the conditions under
14-25    which a savings bank may originate, make, or sell loans;
14-26                      (B)  the conditions under which a savings bank
14-27    may purchase or participate in a loan made by another lender;
14-28                      (C)  the conditions for the servicing of a loan
14-29    for another lender;
14-30                      (D)  the conditions under which a savings bank
14-31    may lend money on the security of a loan made by another person;
14-32                      (E)  the conditions under which a savings bank
14-33    may pledge loans held by it as collateral for borrowing by the
14-34    savings bank;
14-35                      (F)  the conditions under which a savings bank
14-36    may invest in securities and debt instruments;
14-37                      (G)  the documentation that a savings bank must
14-38    have in its files at the time of funding or purchase of a loan, an
14-39    investment, or a participation in a loan;
14-40                      (H)  the form and content of statements of
14-41    expenses and fees and other charges that are paid by a borrower or
14-42    that a borrower is obligated to pay;
14-43                      (I)  the title information that must be
14-44    maintained;
14-45                      (J)  the borrower's insurance coverage of
14-46    property securing a loan;
14-47                      (K)  an appraisal report;
14-48                      (L)  the financial statement of a borrower;
14-49                      (M)  the fees or other compensation that may be
14-50    paid to a person in connection with obtaining a loan for a savings
14-51    bank, including an officer, director, employee, affiliated person,
14-52    consultant, or third party;
14-53                      (N)  the conditions under which the savings bank
14-54    may advance money to pay a tax, assessment, insurance premium, or
14-55    other similar charge for the protection of the savings bank's
14-56    interest in property securing the savings bank's loans;
14-57                      (O)  the terms under which a savings bank may
14-58    acquire and deal in real property;
14-59                      (P)  the valuation on a savings bank's books of
14-60    real property held by the savings bank;
14-61                      (Q)  the terms governing the investment by a
14-62    savings bank in a subsidiary, the powers that may be exercised by a
14-63    subsidiary, and the activities that may be engaged in by a
14-64    subsidiary; and
14-65                      (R)  any other matter considered necessary to
14-66    administer each type of transaction.
14-67          SECTION 62.  Section 96.051(c), Finance Code, is amended to
14-68    read as follows:
14-69          (c)  The [commissioner and the] finance commission may adopt
 15-1    rules as necessary to implement this section.
 15-2          SECTION 63.  Section 97.001, Finance Code, is amended to read
 15-3    as follows:
 15-4          Sec. 97.001.  RULES. (a)  The [commissioner and the] finance
 15-5    commission shall adopt rules:
 15-6                (1)  providing for the registration of and reporting by
 15-7    holding companies;
 15-8                (2)  setting limitations on the activities and
 15-9    investments of holding companies; and
15-10                (3)  concerning other matters as appropriate under this
15-11    chapter.
15-12          (b)  The [commissioner and the] finance commission may adopt
15-13    rules governing transactions between a subsidiary savings bank of a
15-14    holding company and an affiliate of the subsidiary.
15-15          SECTION 64.  Section 119.006, Finance Code, is amended to
15-16    read as follows:
15-17          Sec. 119.006.  INITIATION OF RULEMAKING BY SAVINGS BANKS.
15-18    The finance commission [commissioner] shall initiate rulemaking
15-19    proceedings under Chapter 2001, Government Code, if at least 20
15-20    percent of the savings banks petition the finance commission
15-21    [commissioner] in writing requesting the adoption, amendment, or
15-22    repeal of a rule.
15-23          SECTION 65.  Section 152.102(b), Finance Code, is amended to
15-24    read as follows:
15-25          (b)  The commission [commissioner] may adopt and enforce
15-26    reasonable rules to prevent unsafe and unsound practices with
15-27    respect to a permissible investment required by this chapter.
15-28          SECTION 66.  Section 152.103, Finance Code, is amended to
15-29    read as follows:
15-30          Sec. 152.103.  EXCEPTIONS TO REQUIREMENTS.  The commission
15-31    [commissioner] by rule may exempt a person from this chapter or
15-32    reduce a requirement of Section 152.102(b), 152.104, 152.205,
15-33    152.206, 152.207, 152.208(a), 152.209, 152.304(b), 152.305,
15-34    152.403, 152.503, or 152.504 if:
15-35                (1)  the person does not engage in the business of
15-36    selling checks to the public and the sale of checks by the person
15-37    is:
15-38                      (A)  ancillary to the person's business; and
15-39                      (B)  limited to commercial contracts in
15-40    interstate commerce; and
15-41                (2)  the commission [commissioner] determines that the
15-42    exemption or reduced requirement is in the public interest.
15-43          SECTION 67.  Section 152.202(b), Finance Code, is amended to
15-44    read as follows:
15-45          (b)  Notwithstanding Subsection (a)(5), a person who meets
15-46    the requirements of that subsection is subject to:
15-47                (1)  any other provision of this chapter to the extent
15-48    the person engages in the business of selling checks; and
15-49                (2)  rules adopted by the commission [commissioner] to
15-50    administer and carry out that subsection, including rules to:
15-51                      (A)  define a term used in that subsection; and
15-52                      (B)  establish limits or requirements on the
15-53    bonding and net worth of the person and the person's activities
15-54    relating to the sale of checks other than those specified by that
15-55    subsection.
15-56          SECTION 68.  Section 153.110(c), Finance Code, is amended to
15-57    read as follows:
15-58          (c)  The commission [commissioner] may adopt rules to
15-59    implement this section.
15-60          SECTION 69.  Section 153.117(a), Finance Code, as amended by
15-61    Chapters 62, 344, and 356, Acts of the 76th Legislature, Regular
15-62    Session, 1999, is reenacted and amended to read as follows:
15-63          (a)  The following persons are not required to be licensed
15-64    under this chapter:
15-65                (1)  a federally insured financial institution, as that
15-66    term is defined by Section 201.101 [as that term is defined by
15-67    state law governing bank holding companies and interstate bank
15-68    operations], that is organized under the laws of this state,
15-69    another state, or the United States;
 16-1                (2)  a foreign bank branch or agency in the United
 16-2    States established under the federal International Banking Act of
 16-3    1978 (12 U.S.C. Section 3101 et seq.), as amended;
 16-4                (3) [(2)]  a license holder under Chapter 152, except
 16-5    that the license holder is required to comply with the other
 16-6    provisions of this chapter to the extent the license holder engages
 16-7    in currency exchange, transportation, or transmission transactions;
 16-8                (4)  a person registered as a securities dealer under
 16-9    The Securities Act (Article 581-1 et seq., Vernon's Texas Civil
16-10    Statutes);
16-11                (5)  an attorney or title company that in connection
16-12    with a real property transaction receives and disburses only
16-13    domestic currency on behalf of a party to the transaction;
16-14                (6)  a Federal Reserve bank;
16-15                (7)  a clearinghouse exercising bank payment,
16-16    collection, and clearing functions; or
16-17                (8)  another person that the commission [commissioner]
16-18    may exempt by rule if the commission [commissioner] finds that the
16-19    licensing of the person is not necessary or appropriate to achieve
16-20    the objectives of this chapter.
16-21          SECTION 70.  Section 153.205(b), Finance Code, is amended to
16-22    read as follows:
16-23          (b)  The commission [commissioner] by rule may establish
16-24    requirements regarding content and the size and type of lettering
16-25    used in an advertisement for prices or rates.
16-26          SECTION 71. Section 153.303(a), Finance Code, is amended to
16-27    read as follows:
16-28          (a)  The commission [commissioner] shall set the license
16-29    application fees, license fees, license renewal fees, and
16-30    examination fees in amounts that are reasonable and necessary to
16-31    defray the cost of administering this chapter.
16-32          SECTION 72. Section 154.002, Finance Code, is amended to read
16-33    as follows:
16-34          Sec. 154.002.  DEFINITIONS. In this chapter:
16-35                (1)  "Commission" means the Finance Commission of
16-36    Texas.
16-37                (2)  "Commissioner" means the banking commissioner of
16-38    Texas.
16-39                (3) [(2)]  "Department" means the Texas Department of
16-40    Banking.
16-41                (4) [(3)]  "Earnings" means the amount in an account in
16-42    excess of the amount paid by the purchaser of a prepaid funeral
16-43    benefits contract that is deposited in the account as provided by
16-44    Section 154.253, including accrued interest, accrued income, and
16-45    enhanced or increased value.
16-46                (5) [(4)]  "Financial institution" has the meaning
16-47    assigned by Section 201.101.
16-48                (6) [(5)]  "Funeral provider" means the funeral home
16-49    designated in a prepaid funeral benefits contract that has agreed
16-50    to provide the specified prepaid funeral benefits.
16-51                (7) [(6)]  "Insurance policy" means a life insurance
16-52    policy or annuity contract.
16-53                (8) [(7)]  "Person" means an individual, firm,
16-54    partnership, corporation, or association.
16-55                (9) [(8)]  "Prepaid funeral benefits" means prearranged
16-56    or prepaid funeral or cemetery services or funeral merchandise,
16-57    including an alternative container, casket, or outer burial
16-58    container. The term does not include a grave, marker, monument,
16-59    tombstone, crypt, niche, plot, or lawn crypt unless it is sold in
16-60    contemplation of trade for a funeral service or funeral merchandise
16-61    to which this chapter applies.
16-62                (10) [(9)]  "Seller" means a person selling, accepting
16-63    money or premiums for, or soliciting contracts for prepaid funeral
16-64    benefits or contracts or insurance policies to fund prepaid funeral
16-65    benefits in this state.
16-66                (11) [(10)]  "Crypt," "grave," "lawn crypt," "niche,"
16-67    and "plot" have the meanings assigned by Section 711.001, Health
16-68    and Safety Code.
16-69                (12) [(11)]  "Funeral merchandise" or "merchandise"
 17-1    means goods sold or offered for sale on a preneed basis directly to
 17-2    the public for use in connection with funeral services.
 17-3                (13) [(12)]  "Funeral service" or "service" means a
 17-4    service sold or offered for sale on a preneed basis that may be
 17-5    used to:
 17-6                      (A)  care for and prepare a deceased human body
 17-7    for burial, cremation, or other final disposition; and
 17-8                      (B)  arrange, supervise, or conduct a funeral
 17-9    ceremony or the final disposition of a deceased human body.
17-10          SECTION 73.  Section 154.051(b), Finance Code, is amended to
17-11    read as follows:
17-12          (b)  The commission [department] may adopt reasonable rules
17-13    concerning:
17-14                (1)  fees to defray the cost of administering this
17-15    chapter;
17-16                (2)  the keeping and inspection of records relating to
17-17    the sale of prepaid funeral benefits;
17-18                (3)  the filing of contracts and reports;
17-19                (4)  changes in the management or control of an
17-20    organization; and
17-21                (5)  any other matter relating to the enforcement and
17-22    administration of this chapter.
17-23          SECTION 74. Section 154.054(a), Finance Code, is amended to
17-24    read as follows:
17-25          (a)  For each examination conducted under Section 154.053,
17-26    the commissioner or the commissioner's agent shall impose on the
17-27    seller a fee in an amount set by the commission [department] under
17-28    Section 154.051 and based on the seller's total outstanding
17-29    contracts.
17-30          SECTION 75. Section 154.102, Finance Code, is amended to read
17-31    as follows:
17-32          Sec. 154.102.  PERMIT APPLICATION; FEE. To obtain a permit to
17-33    sell or continue to sell prepaid funeral benefits, a person must:
17-34                (1)  file an application for a permit with the
17-35    department on a form prescribed by the department;
17-36                (2)  pay a filing fee in an amount set by the
17-37    commission [department] under Section 154.051; and
17-38                (3)  if applicable, pay extraordinary expenses required
17-39    for out-of-state investigation of the person.
17-40          SECTION 76.  Section 154.104(b), Finance Code, is amended to
17-41    read as follows:
17-42          (b)  The commission [department] by rule may adopt a system
17-43    under which permits expire on various dates during the year.
17-44          SECTION 77. Section 154.108, Finance Code, is amended to read
17-45    as follows:
17-46          Sec. 154.108.  RENEWAL FEE. The commission [department] shall
17-47    set the renewal fee under Section 154.051.
17-48          SECTION 78.  Section 154.109(a), Finance Code, is amended to
17-49    read as follows:
17-50          (a)  The commissioner by order may cancel or suspend a permit
17-51    if the commissioner finds, by examination or other credible
17-52    evidence, that the permit holder:
17-53                (1)  violated this chapter or another law of this state
17-54    relating to the sale of prepaid funeral benefits, including a final
17-55    order of the commissioner or rule of the commission [commissioner
17-56    or department];
17-57                (2)  misrepresented or concealed a material fact in the
17-58    permit application; or
17-59                (3)  obtained, or attempted to obtain, the permit by
17-60    misrepresentation, concealment, or fraud.
17-61          SECTION 79.  Section 154.111(a), Finance Code, is amended to
17-62    read as follows:
17-63          (a)  The commission [department] shall adopt rules governing
17-64    the selection of a successor permit holder.
17-65          SECTION 80.  Section 154.351, Finance Code, is amended to
17-66    read as follows:
17-67          Sec. 154.351.  MAINTENANCE OF GUARANTY FUND.  The commission
17-68    [department] by rule shall establish and the department shall
17-69    maintain a fund to guarantee performance by sellers of prepaid
 18-1    funeral benefits contracts of their obligations to the purchasers
 18-2    under the provisions of this chapter governing prepaid funeral
 18-3    trusts.
 18-4          SECTION 81.  Section 154.356(b), Finance Code, is amended to
 18-5    read as follows:
 18-6          (b)  The assessments shall be deposited in the fund and
 18-7    administered by the department and the advisory council in
 18-8    accordance with commission [department] rules.
 18-9          SECTION 82.  Section 154.406(a), Finance Code, is amended to
18-10    read as follows:
18-11          (a)  After notice and opportunity for hearing, the
18-12    commissioner may impose an administrative penalty on a person who:
18-13                (1)  violates this chapter or a final order of the
18-14    commissioner or rule of the commission [commissioner or
18-15    department]; and
18-16                (2)  does not correct the violation before the 31st day
18-17    after the date the person receives written notice of the violation
18-18    from the department.
18-19          SECTION 83.  Section 154.407, Finance Code, is amended to
18-20    read as follows:
18-21          Sec. 154.407.  INJUNCTIVE RELIEF.  The commissioner may sue
18-22    in a district court in Travis County to enjoin a violation or
18-23    threatened violation of:
18-24                (1)  this chapter; or
18-25                (2)  a final order of the commissioner or rule of the
18-26    commission [commissioner or the department].
18-27          SECTION 84.  Section 154.408(a), Finance Code, is amended to
18-28    read as follows:
18-29          (a)  The commissioner may issue a cease and desist order to a
18-30    person if the commissioner finds by examination or other credible
18-31    evidence that the person has violated a law of this state relating
18-32    to the sale of prepaid funeral benefits, including a violation of
18-33    this chapter or a final order of the commissioner or rule of the
18-34    commission [commissioner or the department].
18-35          SECTION 85.  Section 156.004, Finance Code, is amended to
18-36    read as follows:
18-37          Sec. 156.004.  DISCLOSURE TO APPLICANT.  At the time an
18-38    applicant submits an application to a mortgage broker, the mortgage
18-39    broker shall provide to the applicant a disclosure that specifies
18-40    the nature of the relationship between applicant and broker, the
18-41    duties the broker has to the applicant, and how the mortgage broker
18-42    will be compensated.  The finance commission [commissioner], by
18-43    rule, shall promulgate a standard disclosure form to be used by the
18-44    mortgage broker.
18-45          SECTION 86.  Section 156.102, Finance Code, is amended to
18-46    read as follows:
18-47          Sec. 156.102.  RULEMAKING AUTHORITY.  (a)  The finance
18-48    commission [Subject to review and compliance with the directives of
18-49    the finance commission as provided by Section 11.306, the
18-50    commissioner] may adopt and enforce rules necessary for the intent
18-51    of or to ensure compliance with this chapter.
18-52          (b)  The finance commission [commissioner] may adopt rules to
18-53    prohibit false, misleading, or deceptive practices by mortgage
18-54    brokers and loan officers but may not adopt any other rules
18-55    restricting competitive bidding or advertising by mortgage brokers
18-56    or loan officers.  When adopting rules under this subsection, the
18-57    finance commission [commissioner] may not restrict:
18-58                (1)  the use of any medium for an advertisement;
18-59                (2)  the personal appearance of or voice of a person in
18-60    an advertisement;
18-61                (3)  the size or duration of an advertisement; or
18-62                (4)  a mortgage broker's or loan officer's
18-63    advertisement under a trade name.
18-64          (c)  The finance commission [commissioner] may adopt rules
18-65    regarding books and records that a person licensed under this
18-66    chapter is required to keep, including the location at which the
18-67    books and records must be kept.
18-68          (d)  The finance commission [commissioner] shall consult with
18-69    the mortgage broker advisory committee when proposing and adopting
 19-1    rules under this chapter.
 19-2          SECTION 87.  Section 156.104(h), Finance Code, is amended to
 19-3    read as follows:
 19-4          (h)  In addition to other powers and duties delegated to it
 19-5    by the commissioner, the advisory committee shall advise the
 19-6    finance commission and commissioner with respect to:
 19-7                (1)  the proposal and adoption of rules relating to:
 19-8                      (A)  the licensing of mortgage brokers and loan
 19-9    officers;
19-10                      (B)  the education and experience requirements
19-11    for licensing mortgage brokers and loan officers;
19-12                      (C)  conduct and ethics of mortgage brokers and
19-13    loan officers;
19-14                      (D)  continuing education for licensed mortgage
19-15    brokers and loan officers and the types of courses acceptable as
19-16    continuing education courses under this chapter; and
19-17                      (E)  the granting or denying of an application or
19-18    request for renewal for a mortgage broker license or loan officer
19-19    license;
19-20                (2)  the form of or format for any applications or
19-21    other documents under this chapter; and
19-22                (3)  the interpretation, implementation, and
19-23    enforcement of this chapter.
19-24          SECTION 88.  Section 156.206(b), Finance Code, is amended to
19-25    read as follows:
19-26          (b)  The commissioner shall obtain criminal history record
19-27    information on an applicant that is maintained by the Department of
19-28    Public Safety.  By rule, the finance commission [commissioner] may
19-29    require applicants to submit information and fingerprints necessary
19-30    for the commissioner to obtain criminal background information from
19-31    the Federal Bureau of Investigation.  The commissioner may also
19-32    obtain criminal history record information from any court or any
19-33    local, state, or national governmental agency.
19-34          SECTION 89.  Section 156.207(c), Finance Code, is amended to
19-35    read as follows:
19-36          (c)  In accordance with any rules adopted by the finance
19-37    commission under this subsection, the commissioner may issue a
19-38    provisional license to an applicant if a significant delay is
19-39    necessary to process the application, review information related to
19-40    the application, or obtain information related to the application.
19-41    The commissioner may revoke a provisional license issued under this
19-42    subsection on a ground listed under Section 156.303 or on any
19-43    ground that the commissioner could have denied issuance of the
19-44    license on the application.
19-45          SECTION 90.  Sections 156.208(a), (b), (f), and (g), Finance
19-46    Code, are amended to read as follows:
19-47          (a)  A mortgage broker license issued under this chapter is
19-48    valid for two years and may be renewed on or before its expiration
19-49    date if the mortgage broker:
19-50                (1)  pays to the commissioner a renewal fee in an
19-51    amount determined by the commissioner not to exceed $375 and a
19-52    recovery fund fee provided by Section 156.502;
19-53                (2)  has not been convicted of a felony the
19-54    commissioner determines is directly related to the occupation of a
19-55    mortgage broker under Article 6252-13c, Revised Statutes; and
19-56                (3)  provides the commissioner with satisfactory
19-57    evidence that the mortgage broker:
19-58                      (A)  has attended, during the term of the current
19-59    license, 15 hours of continuing education courses that the
19-60    commissioner, in accordance with the rules adopted by the finance
19-61    commission under this section, has approved as continuing education
19-62    courses; or
19-63                      (B)  maintains an active license in this state
19-64    as:
19-65                            (i)  a real estate broker;
19-66                            (ii)  a real estate salesperson;
19-67                            (iii)  an attorney; or
19-68                            (iv)  a local recording agent or insurance
19-69    solicitor or agent for a legal reserve life insurance company under
 20-1    Chapter 21, Insurance Code, or an equivalent license under Chapter
 20-2    21, Insurance Code.
 20-3          (b)  A loan officer license issued under this chapter is
 20-4    valid for two years and may be renewed on or before its expiration
 20-5    date if the loan officer:
 20-6                (1)  pays to the commissioner a renewal fee in an
 20-7    amount determined by the commissioner not to exceed $175 and a
 20-8    recovery fund fee provided by Section 156.502;
 20-9                (2)  has not been convicted of a felony the
20-10    commissioner determines is directly related to the occupation of a
20-11    loan officer under Article 6252-13c, Revised Statutes; and
20-12                (3)  provides the commissioner with satisfactory
20-13    evidence that the loan officer:
20-14                      (A)  has attended, during the term of the current
20-15    license, 15 hours of continuing education courses that the
20-16    commissioner, in accordance with the rules adopted by the finance
20-17    commission under this section, has approved as continuing education
20-18    courses, including courses provided by or through the licensed
20-19    mortgage broker with whom the loan officer is associated after
20-20    submission to and approval by the commission; or
20-21                      (B)  maintains an active license in this state
20-22    as:
20-23                            (i)  a real estate broker;
20-24                            (ii)  a real estate salesperson;
20-25                            (iii)  an attorney; or
20-26                            (iv)  a local recording agent or insurance
20-27    solicitor or agent for a legal reserve life insurance company under
20-28    Chapter 21, Insurance Code, or an equivalent license under Chapter
20-29    21, Insurance Code.
20-30          (f)  The finance commission [commissioner] by rule may adopt
20-31    a system under which licenses expire on a date or dates other than
20-32    December 31.  If a system is adopted under this subsection, dates
20-33    relating to expiration and issuance of licenses shall be adjusted
20-34    accordingly. For the biennium in which the license expiration date
20-35    is changed, license fees shall be prorated on a monthly basis so
20-36    that each license holder pays only that portion of the license fee
20-37    that is allocable to the number of months during which the license
20-38    is valid.  On renewal of the license on the new expiration date,
20-39    the total license renewal fee is payable.
20-40          (g)  The finance commission [commissioner] shall adopt rules
20-41    related to the approval of courses for continuing education credit
20-42    under this section that provide for the acceptance of continuing
20-43    education courses that are related to finance, financial
20-44    consulting, lending, real estate contracts, discrimination laws,
20-45    deceptive trade practices, real property conveyances, and other
20-46    topics that are relevant to mortgage brokers and that are
20-47    acceptable as continuing education courses to other professional
20-48    licensing agencies.
20-49          SECTION 91.  Section 156.210, Finance Code, is amended to
20-50    read as follows:
20-51          Sec. 156.210.  PROBATIONARY LICENSE.  The commissioner may
20-52    issue a probationary license.  The finance commission
20-53    [commissioner] by rule shall adopt reasonable terms and conditions
20-54    for a probationary license.
20-55          SECTION 92.  Section 156.303(a), Finance Code, is amended to
20-56    read as follows:
20-57          (a)  The commissioner may order disciplinary action against a
20-58    licensed mortgage broker or a licensed loan officer when the
20-59    commissioner, after a hearing, has determined that the person:
20-60                (1)  obtained a license under this chapter through a
20-61    false or fraudulent representation or made a material
20-62    misrepresentation in an application for a license under this
20-63    chapter;
20-64                (2)  published or caused to be published an
20-65    advertisement related to the business of a mortgage broker or loan
20-66    officer that:
20-67                      (A)  is misleading;
20-68                      (B)  is likely to deceive the public;
20-69                      (C)  in any manner tends to create a misleading
 21-1    impression;
 21-2                      (D)  fails to identify as a mortgage broker or
 21-3    loan officer the person causing the advertisement to be published;
 21-4    or
 21-5                      (E)  violates federal or state law;
 21-6                (3)  while performing an act for which a license under
 21-7    this chapter is required, engaged in conduct that constitutes
 21-8    improper, fraudulent, or dishonest dealings;
 21-9                (4)  failed to notify the commissioner not later than
21-10    the 30th day after the date of the final conviction if the person,
21-11    in a court of this or another state or in a federal court, has been
21-12    convicted of or entered a plea of guilty or nolo contendere to a
21-13    felony or a criminal offense involving fraud;
21-14                (5)  failed to use a fee collected in advance of
21-15    closing of a mortgage loan for a purpose for which the fee was
21-16    paid;
21-17                (6)  charged or received, directly or indirectly, a fee
21-18    for assisting a mortgage applicant in obtaining a mortgage loan
21-19    before all of the services that the person agreed to perform for
21-20    the mortgage applicant are completed, and the proceeds of the
21-21    mortgage loan have been disbursed to or on behalf of the mortgage
21-22    applicant, except as provided by Section 156.304;
21-23                (7)  failed within a reasonable time to honor a check
21-24    issued to the commissioner after the commissioner has mailed a
21-25    request for payment by certified mail to the person's last known
21-26    business address as reflected by the commissioner's records;
21-27                (8)  paid compensation to a person who is not licensed
21-28    or exempt under this chapter for acts for which a license under
21-29    this chapter is required;
21-30                (9)  induced or attempted to induce a party to a
21-31    contract to breach the contract so the person may make a mortgage
21-32    loan;
21-33                (10)  published or circulated an unjustified or
21-34    unwarranted threat of legal proceedings in matters related to the
21-35    person's actions or services as a mortgage broker or loan officer,
21-36    as applicable;
21-37                (11)  established an association, by employment or
21-38    otherwise, with a person not licensed or exempt under this chapter
21-39    who was expected or required to act as a mortgage broker or loan
21-40    officer;
21-41                (12)  aided, abetted, or conspired with a person to
21-42    circumvent the requirements of this chapter;
21-43                (13)  acted in the dual capacity of a mortgage broker
21-44    or loan officer and real estate broker, salesperson, or attorney in
21-45    a transaction without the knowledge and written consent of the
21-46    mortgage applicant or in violation of applicable requirements under
21-47    federal law;
21-48                (14)  discriminated against a prospective borrower on
21-49    the basis of race, color, religion, sex, national origin, ancestry,
21-50    familial status, or a disability;
21-51                (15)  failed or refused on demand to:
21-52                      (A)  produce a document, book, or record
21-53    concerning a mortgage loan transaction conducted by the mortgage
21-54    broker or loan officer for inspection by the commissioner or the
21-55    commissioner's authorized personnel or representative;
21-56                      (B)  give the commissioner or the commissioner's
21-57    authorized personnel or representative free access to the books or
21-58    records relating to the person's business kept by an officer,
21-59    agent, or employee of the person or any business entity through
21-60    which the person conducts mortgage brokerage activities, including
21-61    a subsidiary or holding company affiliate; or
21-62                      (C)  provide information requested by the
21-63    commissioner as a result of a formal or informal complaint made to
21-64    the commissioner;
21-65                (16)  failed without just cause to surrender, on
21-66    demand, a copy of a document or other instrument coming into the
21-67    person's possession that was provided to the person by another
21-68    person making the demand or that the person making the demand is
21-69    under law entitled to receive; or
 22-1                (17)  disregarded or violated this chapter or a rule
 22-2    adopted by the finance commission [commissioner] under this
 22-3    chapter.
 22-4          SECTION 93.  Section 156.506(d), Finance Code, is amended to
 22-5    read as follows:
 22-6          (d)  This section does not limit the authority of the
 22-7    commissioner to take disciplinary action against a mortgage broker
 22-8    or loan officer for a violation of this chapter or the rules
 22-9    adopted by the finance commission [commissioner] under this
22-10    chapter.  The repayment in full to the fund of all obligations of a
22-11    mortgage broker or loan officer does not nullify or modify the
22-12    effect of any other disciplinary proceeding brought under this
22-13    chapter.
22-14          SECTION 94.  Section 202.005(a), Finance Code, is amended to
22-15    read as follows:
22-16          (a)  The commissioner may:
22-17                (1)  examine a bank holding company that controls a
22-18    Texas bank to the same extent as if the bank holding company were a
22-19    Texas state bank; and
22-20                (2)  bring an enforcement proceeding under Chapter 35
22-21    against a bank holding company that violates or participates in a
22-22    violation of this subtitle, an agreement filed with the
22-23    commissioner under this chapter, or a rule adopted by the finance
22-24    commission or order issued by the commissioner [or the finance
22-25    commission] under this subtitle, as if the bank holding company
22-26    were a Texas state bank.
22-27          SECTION 95.  Section 273.204, Finance Code, is amended to
22-28    read as follows:
22-29          Sec. 273.204.  CONDITIONS UNDER WHICH CORPORATION MAY
22-30    EXERCISE POWERS AND DUTIES.  The corporation may not exercise a
22-31    power or perform a duty under Section 273.203 or 273.205 or
22-32    Subchapter E until the Office of Thrift Supervision and the Federal
22-33    Deposit Insurance Corporation have:
22-34                (1)  officially recognized that the corporation in
22-35    exercising that power or performing that duty will reduce and
22-36    minimize the liability of the Federal Deposit Insurance
22-37    Corporation; and
22-38                (2)  taken any necessary action to permit member
22-39    associations to use without restraint all of the operational power
22-40    the member associations have under the laws of this state,
22-41    including rules of the Finance Commission of Texas [Savings and
22-42    Loan Department].
22-43          SECTION 96.  Section 345.351(b), Finance Code, is amended to
22-44    read as follows:
22-45          (b)  The finance commission [commissioner] by rule may
22-46    establish procedures to facilitate the registration and collection
22-47    of fees under this section, including rules staggering throughout
22-48    the year the dates on which fees are due.
22-49          SECTION 97.  Section 347.451(b), Finance Code, is amended to
22-50    read as follows:
22-51          (b)  The finance commission [commissioner] by rule may
22-52    establish procedures to facilitate the registration and collection
22-53    of fees under this section, including rules staggering the due
22-54    dates of the fees throughout the year.
22-55          SECTION 98.  Section 348.401(b), Finance Code, is amended to
22-56    read as follows:
22-57          (b)  The finance commission [commissioner] by rule may
22-58    establish procedures to facilitate the registration and collection
22-59    of fees under this section, including rules staggering throughout
22-60    the year the dates on which fees are due.
22-61          SECTION 99.  Sections 371.006(a) and (d), Finance Code, are
22-62    amended to read as follows:
22-63          (a)  The Finance Commission of Texas [commissioner] may adopt
22-64    rules to enforce this chapter.
22-65          (d)  On application by any person and on payment of any
22-66    associated cost, the commissioner shall furnish the person a
22-67    certified copy of a rule adopted by the Finance Commission of Texas
22-68    [commissioner].
22-69          SECTION 100.  Section 371.007(a), Finance Code, is amended to
 23-1    read as follows:
 23-2          (a)  The Finance Commission of Texas [commissioner] by rule
 23-3    may adopt a system under which licenses issued under this chapter
 23-4    expire on various dates during the year.
 23-5          SECTION 101.  Section 371.181(b), Finance Code, is amended to
 23-6    read as follows:
 23-7          (b)  The Finance Commission of Texas [commissioner] shall
 23-8    adopt rules that allow:
 23-9                (1)  a consumer who has filed an offense report with a
23-10    local law enforcement agency to request that a pawnbroker search
23-11    the records of the pawnshop; and
23-12                (2)  the pawnbroker to assist the consumer and the
23-13    local law enforcement agency in locating and recovering stolen
23-14    property.
23-15          SECTION 102.  Section 371.183, Finance Code, is amended to
23-16    read as follows:
23-17          Sec. 371.183.  CONSUMER INFORMATION.  The Finance Commission
23-18    of Texas [commissioner] by rule may require a pawnshop to display,
23-19    in an area in the pawnshop accessible to a consumer, materials
23-20    provided by the commissioner that are designed to:
23-21                (1)  inform a consumer of the duties, rights, and
23-22    responsibilities of parties to a transaction regulated by the
23-23    commissioner; and
23-24                (2)  inform and assist a robbery, burglary, or theft
23-25    victim.
23-26          SECTION 103. Section 11.201, Finance Code, is repealed.
23-27          SECTION 104.  (a)  The Texas Legislature shall create and
23-28    direct a committee consisting of representatives of the pawnbroker
23-29    industry, law enforcement, and the computer software industry to
23-30    study and recommend one or more standard formats for pawnbrokers to
23-31    electronically provide reportable data to law enforcement agencies.
23-32    The committee shall consider all privacy issues related to
23-33    reporting such data to ensure the protection of the financial
23-34    information of the individuals who use the services of the
23-35    pawnbroker industry.
23-36          (b)  The committee shall report its findings and
23-37    recommendations to the Texas Legislature not later than June 30,
23-38    2002.
23-39          SECTION 105. A rule adopted by the Texas Department of
23-40    Banking, the Banking Commissioner of Texas, the Savings and Loan
23-41    Commissioner, or the Consumer Credit Commissioner that is in effect
23-42    on the effective date of this Act and that  is  not  inconsistent
23-43    with this  Act remains in effect as a rule or regulation of the
23-44    Finance Commission of Texas until superseded by action of the
23-45    finance commission.
23-46          SECTION 106. The changes made by this Act in the prohibitions
23-47    and qualifications applying to members of the Finance Commission of
23-48    Texas do not affect the entitlement of a member serving on the
23-49    commission immediately before the effective date of this Act to
23-50    continue to serve and function as a member of the finance
23-51    commission for the remainder of the member's term.  The changes in
23-52    law apply only to a member appointed on or after the effective date
23-53    of this Act.  This Act does not prohibit a person who is a member
23-54    of the finance commission on the effective date of this Act from
23-55    being reappointed to the finance commission if the person has the
23-56    qualifications required for  a  member  under  Chapter 11, Finance
23-57    Code, as amended by this Act.
23-58          SECTION 107. This Act takes effect September 1, 2001.
23-59                                 * * * * *