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R E S O L U T I O N
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BE IT RESOLVED by the Senate of the State of Texas, 81st |
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Legislature, Regular Session, 2009, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on House |
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Bill 2774 (self-directed and semi-independent status of state |
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financial regulatory agencies and the licensing and regulation of |
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certain persons involved in residential mortgage lending; making an |
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appropriation; providing a penalty) to consider and take action on |
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the following matters: |
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(1) Senate Rule 12.03(1) is suspended to permit the |
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committee to change text not in disagreement in proposed SECTION 2 |
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of the bill, in added Section 156.102(b-1), Finance Code, so that it |
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reads as follows: |
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(b-1) The finance commission on the commissioner's |
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recommendation may adopt rules to promote a fair and orderly |
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administration of the fund consistent with the purposes of |
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Subchapter F. |
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Explanation: The change is necessary to correct an error in a |
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cross-reference. |
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(2) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text not included in either the house or senate |
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version of the bill by adding the following SECTION to the bill: |
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SECTION 28. (a) Title 2, Finance Code, is amended by adding |
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Chapter 16 to read as follows: |
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CHAPTER 16. FINANCIAL REGULATORY AGENCIES: SELF-DIRECTED AND |
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SEMI-INDEPENDENT |
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Sec. 16.001. DEFINITIONS. In this chapter: |
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(1) "Financial regulatory agency" means: |
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(A) the Texas Department of Banking; |
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(B) the Department of Savings and Mortgage |
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Lending; |
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(C) the Office of Consumer Credit Commissioner; |
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and |
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(D) the Credit Union Department. |
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(2) "Policy-making body" means: |
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(A) the Finance Commission of Texas for: |
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(i) the Texas Department of Banking; |
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(ii) the Department of Savings and Mortgage |
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Lending; and |
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(iii) the Office of Consumer Credit |
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Commissioner; and |
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(B) the Credit Union Commission for the Credit |
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Union Department. |
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Sec. 16.002. SELF-DIRECTED AND SEMI-INDEPENDENT STATUS OF |
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FINANCIAL REGULATORY AGENCIES. Notwithstanding any other |
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provision of law, a financial regulatory agency is self-directed |
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and semi-independent as specified by this chapter. Any Act of the |
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81st Legislature that relates to a financial regulatory agency and |
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that is inconsistent with the agency being self-directed and |
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semi-independent may be implemented by the financial regulatory |
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agency only on authorization by the policy-making body of the |
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financial regulatory agency. |
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Sec. 16.003. BUDGET, REVENUES, AND EXPENSES. (a) A |
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financial regulatory agency shall submit to the policy-making body |
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of the financial regulatory agency a budget annually using |
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generally accepted accounting principles. Notwithstanding any |
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other provision of law, including the General Appropriations Act, |
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the budget shall be adopted and approved only by the policy-making |
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body of the financial regulatory agency. |
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(b) A financial regulatory agency shall be responsible for |
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all direct and indirect costs of the agency's existence and |
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operation. The financial regulatory agency may not directly or |
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indirectly cause the general revenue fund to incur any cost. |
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(c) Subject to any limitations in a financial regulatory |
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agency's enabling legislation, a financial regulatory agency may |
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set the amounts of fees, penalties, charges, and revenues required |
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or permitted by statute or rule as necessary for the purpose of |
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carrying out the functions of the financial regulatory agency and |
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funding the budget adopted and approved under Subsection (a). |
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(d) All fees and funds collected by a financial regulatory |
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agency and any funds appropriated to the financial regulatory |
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agency shall be deposited in interest-bearing deposit accounts in |
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the Texas Treasury Safekeeping Trust Company. The comptroller |
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shall contract with the financial regulatory agency for the |
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maintenance of the deposit accounts under terms comparable to a |
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contract between a commercial banking institution and the |
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institution's customers. |
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(e) Periodically, each financial regulatory agency shall |
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submit to the agency's policy-making body, as directed by the |
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policy-making body, a report of the receipts and expenditures of |
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the financial regulatory agency. |
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(f) The fiscal year for a financial regulatory agency begins |
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on September 1 and ends on August 31. |
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Sec. 16.004. AUDITS. This chapter does not affect the duty |
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of the state auditor to audit a financial regulatory agency. The |
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state auditor shall enter into a contract and schedule with each |
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financial regulatory agency to conduct audits, including financial |
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reports and performance audits. The financial regulatory agency |
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shall reimburse the state auditor for all costs incurred in |
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performing the audits and shall provide to the governor a copy of |
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any audit performed. |
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Sec. 16.005. RECORDS; REPORTING REQUIREMENTS. (a) A |
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financial regulatory agency shall keep financial and statistical |
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information as necessary to disclose completely and accurately the |
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financial condition and results of operations of the agency. |
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(b) Before the beginning of each regular session of the |
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legislature, each financial regulatory agency shall submit to the |
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legislature and the governor a report describing all of the |
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agency's activities in the previous biennium. The report must |
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include: |
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(1) an audit as required by Section 16.004; |
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(2) a financial report of the previous fiscal year, |
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including reports on financial condition and results of operations; |
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(3) a description of all changes in fees imposed on |
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regulated industries; |
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(4) a report on changes in the regulatory jurisdiction |
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of the agency, including the number of chartered financial |
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institutions, license holders, and registrants subject to the |
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agency's jurisdiction and any changes in those figures; and |
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(5) a list of all new rules adopted or repealed. |
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(c) In addition to the reporting requirements of Subsection |
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(b), not later than November 1 of each year, each financial |
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regulatory agency shall submit to the governor, the committee of |
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each house of the legislature that has jurisdiction over |
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appropriations, and the Legislative Budget Board a report that |
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contains: |
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(1) the salary for all financial regulatory agency |
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personnel and the total amount of per diem expenses and travel |
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expenses paid for all agency employees; |
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(2) the total amount of per diem expenses and travel |
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expenses paid for each member of the agency's policy-making body, |
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provided that only one report must be submitted regarding the |
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Finance Commission of Texas; |
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(3) the agency's operating plan and annual budget; and |
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(4) a detailed report of all revenue received and all |
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expenses incurred by the financial regulatory agency in the |
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previous 12 months. |
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Sec. 16.006. ABILITY TO CONTRACT. (a) To carry out and |
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promote the objectives of this chapter, a financial regulatory |
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agency may enter into contracts and do all other acts incidental to |
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those contracts that are necessary for the administration of the |
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agency's affairs and for the attainment of the agency's purposes, |
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except as limited by Subsection (b). |
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(b) Any indebtedness, liability, or obligation of the |
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financial regulatory agency incurred under this section may not: |
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(1) create a debt or other liability of this state or |
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another entity other than the financial regulatory agency; or |
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(2) create any personal liability on the part of the |
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members of the policy-making body or the body's or agency's |
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employees. |
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Sec. 16.007. PROPERTY. A financial regulatory agency may: |
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(1) acquire by purchase, lease, gift, or any other |
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manner provided by law and maintain, use, and operate any real, |
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personal, or mixed property, or any interest in property, necessary |
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or convenient to the exercise of the powers, rights, privileges, or |
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functions of the financial regulatory agency; |
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(2) sell or otherwise dispose of any real, personal, |
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or mixed property, or any interest in property, that the financial |
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regulatory agency determines is not necessary or convenient to the |
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exercise of the agency's powers, rights, privileges, or functions; |
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(3) construct, extend, improve, maintain, and |
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reconstruct, or cause to construct, extend, improve, maintain, and |
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reconstruct, and use and operate all facilities necessary or |
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convenient to the exercise of the powers, rights, privileges, or |
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functions of the financial regulatory agency; and |
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(4) borrow money, as may be authorized from time to |
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time by an affirmative vote of a two-thirds majority of the |
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policy-making body of the financial regulatory agency, for a period |
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not to exceed five years if necessary or convenient to the exercise |
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of the financial regulatory agency's powers, rights, privileges, or |
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functions. |
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Sec. 16.008. SUITS. The office of the attorney general |
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shall represent a financial regulatory agency in any litigation. |
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The attorney general may assess and collect from the financial |
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regulatory agency reasonable attorney's fees associated with any |
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litigation under this section. |
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Sec. 16.009. POST-PARTICIPATION LIABILITY. (a) If a |
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financial regulatory agency no longer has status under this chapter |
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as a self-directed semi-independent financial regulatory agency |
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for any reason, the agency shall be liable for any expenses or debts |
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incurred by the agency during the time the agency was a |
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self-directed semi-independent financial regulatory agency. The |
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agency's liability under this section includes liability for any |
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lease entered into by the agency. This state is not liable for any |
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expense or debt covered by this subsection, and money from the |
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general revenue fund may not be used to repay the expense or debt. |
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(b) If a financial regulatory agency no longer has status |
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under this chapter as a self-directed semi-independent financial |
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regulatory agency for any reason, ownership of any property or |
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other asset acquired by the agency during the time the agency was a |
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self-directed semi-independent financial regulatory agency, |
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including unexpended fees in a deposit account in the Texas |
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Treasury Safekeeping Trust Company, shall be transferred to this |
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state. |
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Sec. 16.010. DUE PROCESS; OPEN GOVERNMENT. A financial |
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regulatory agency is: |
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(1) a governmental body for purposes of Chapters 551 |
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and 552, Government Code; and |
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(2) a state agency for purposes of Chapters 2001 and |
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2005, Government Code. |
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Sec. 16.011. MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM. |
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Employees of the financial regulatory agencies are members of the |
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Employees Retirement System of Texas under Chapter 812, Government |
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Code, and the agencies' transition to independent status as |
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provided by this chapter has no effect on their membership or any |
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benefits under that system. |
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Sec. 16.012. GIFTS. (a) Notwithstanding any other law, a |
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financial regulatory agency may not accept a gift, grant, or |
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donation: |
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(1) from a party to an enforcement action; or |
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(2) to pursue a specific investigation or enforcement |
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action. |
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(b) A financial regulatory agency must: |
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(1) report each gift, grant, or donation that the |
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agency receives as a separate item in the agency's report required |
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under Section 16.005(b); and |
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(2) include with the report a statement indicating the |
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purpose for which each gift, grant, or donation was donated and |
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used. |
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(b) Section 11.104, Finance Code, is amended to read as |
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follows: |
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Sec. 11.104. EXPENSES AND COMPENSATION OF MEMBERS. A |
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member of the finance commission is entitled to: |
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(1) the reimbursement for reasonable and necessary |
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expenses incidental to travel incurred in connection with the |
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performance of official duties; and |
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(2) a per diem [as set by legislative appropriation] |
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for each day that the member engages in the business of the finance |
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commission. |
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(c) Section 11.110(c), Finance Code, is amended to read as |
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follows: |
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(c) A person appointed to the finance commission is entitled |
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to reimbursement under Section 11.104, as if the person were a |
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member of the finance commission, [as provided by the General
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Appropriations Act,] for the travel expenses incurred in attending |
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the training program regardless of whether the attendance at the |
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program occurs before or after the person qualifies for office. |
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(d) Section 11.204, Finance Code, is amended by adding |
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Subsection (c) to read as follows: |
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(c) The finance commission shall have charge and control of |
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the property known as the Finance Commission Building and use of |
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staff, equipment, and facilities of the finance agencies. The |
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Finance Commission Building refers to the property located in the |
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city of Austin and titled in the name of the Banking Section of the |
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Finance Commission of Texas, as described by deed recorded in |
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Volume 5080, Page 1099, of the Deed Records of Travis County, Texas. |
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(e) Section 15.2041(c), Finance Code, is amended to read as |
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follows: |
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(c) A person appointed to the commission is entitled to |
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reimbursement under Section 15.207, as if the person were a member |
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of the commission, for travel expenses incurred in attending the |
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training program, regardless of whether the attendance at the |
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program occurs before or after the person qualifies for office[, as
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provided by the General Appropriations Act and as if the person were
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a member of the commission]. |
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(f) Subchapter E, Chapter 15, Finance Code, is amended by |
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adding Section 15.4011 to read as follows: |
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Sec. 15.4011. CREDIT UNION DEPARTMENT BUILDING. The |
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commission shall have charge and control of the property known as |
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the Credit Union Department Building and use of staff, equipment, |
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and facilities of the department. The Credit Union Department |
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Building refers to the property located in the city of Austin and |
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titled in the name of the State of Texas for the use and benefit of |
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the Credit Union Department, as described by deed recorded in |
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Volume 6126, Page 27, of the Deed Records of Travis County, Texas. |
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(g) Section 156.101(a), Finance Code, is amended to read as |
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follows: |
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(a) The commissioner shall administer and enforce this |
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chapter. |
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(h) Section 2165.007(b), Government Code, is amended to |
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read as follows: |
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(b) Notwithstanding any other law, the commission shall |
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provide facilities management services in relation to all state |
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agency facilities in Travis County or a county adjacent to Travis |
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County. The commission's duty does not apply to: |
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(1) a facility owned or operated by an institution of |
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higher education; |
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(2) military facilities; |
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(3) facilities owned or operated by the Texas |
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Department of Criminal Justice; |
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(4) facilities owned or operated by the Texas Youth |
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Commission; |
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(5) facilities owned or operated by the Texas |
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Department of Transportation; |
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(6) the Capitol, including the Capitol Extension, the |
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General Land Office building, the Bob Bullock Texas State History |
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Museum, any museum located on the Capitol grounds, the Governor's |
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Mansion, and any property maintained by the Texas Historical |
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Commission under Sections 442.0072 and 442.0073; |
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(7) a facility determined by the commission to be |
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completely residential; |
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(8) a regional or field office of a state agency; [or] |
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(9) a facility located within or on state park |
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property; |
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(10) the property known as the Finance Commission |
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Building described by deed recorded in Volume 5080, Page 1099, of |
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the Deed Records of Travis County, Texas; or |
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(11) the property known as the Credit Union Department |
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Building described by deed recorded in Volume 6126, Page 27, of the |
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Deed Records of Travis County, Texas. |
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(i) Sections 12.103, 13.005, 13.008, 14.053, 14.060, |
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15.104, 15.207(c), 15.308, 15.408, and 156.101(b) and (c), Finance |
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Code, are repealed. |
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(j)(1) To provide a reasonable period for each financial |
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regulatory agency, as defined by Section 16.001, Finance Code, as |
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added by this section, to establish itself as a self-directed and |
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semi-independent agency, the following amounts are appropriated |
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from the general revenue fund to each of those financial regulatory |
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agencies: |
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(A) for the state fiscal year ending August 31, |
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2010, an amount equal to 50 percent of the amount of general revenue |
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appropriated to the agency for the state fiscal year ending August |
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31, 2009; and |
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(B) for the state fiscal year ending August 31, |
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2011, an amount equal to 50 percent of the amount of general revenue |
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appropriated to the agency for the state fiscal year ending August |
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31, 2009. |
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(2) Subject to Section 16.003, Finance Code, as added |
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by this section, the appropriations made by Subdivision (1) of this |
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subsection may be spent by the financial regulatory agency to which |
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they are made as the financial regulatory agency directs. The |
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financial regulatory agency shall repay to the general revenue fund |
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the appropriation made to the agency for the state fiscal year |
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ending August 31, 2010, not later than that date and as funds become |
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available. The financial regulatory agency shall repay to the |
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general revenue fund the appropriation made to the agency for the |
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state fiscal year ending August 31, 2011, not later than that date |
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and as funds become available. |
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(k) The transfer of a financial regulatory agency, as |
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defined by Section 16.001, Finance Code, as added by this section, |
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to self-directed and semi-independent status under Chapter 16, |
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Finance Code, as added by this section, and the expiration of |
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self-directed and semi-independent status may not act to cancel, |
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suspend, or prevent: |
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(1) any debt owed to or by the financial regulatory |
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agency; |
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(2) any fine, tax, penalty, or obligation of any |
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party; |
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(3) any contract or other obligation of any party; or |
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(4) any action taken by the financial regulatory |
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agency in the administration or enforcement of the agency's duties. |
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(l) Each financial regulatory agency, as defined by Section |
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16.001, Finance Code, as added by this section, shall continue to |
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have and exercise the powers and duties allocated to the agency in |
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the agency's enabling legislation, except as specifically amended |
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by this section. |
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(m) Title to all supplies, materials, records, equipment, |
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books, papers, and facilities used by each financial regulatory |
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agency, as defined by Section 16.001, Finance Code, as added by this |
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section, is transferred to each respective financial regulatory |
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agency in fee simple. Nothing in this section shall have an effect |
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on property owned by a financial regulatory agency on or before the |
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effective date of this section. |
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(n) If a conflict exists between this section and another |
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Act of the 81st Legislature, Regular Session, 2009, that relates to |
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the self-directed and semi-independent status of a state financial |
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regulatory agency, this section controls without regard to the |
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relative dates of the enactment. |
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Explanation: The added language is necessary to improve the |
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operations of state financial regulatory agencies that are |
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self-directed and semi-independent. |
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(3) Senate Rules 12.03(1) and (3) are suspended to permit |
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the committee to change the text of, and add text to, proposed |
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SECTION 30 of the bill, so that it reads as follows: |
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SECTION 30. The provisions of this Act or the applications |
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of those provisions are severable as provided by Section |
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311.032(c), Government Code. If the Secretary of Housing and Urban |
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Development determines that any provision of Sections 1-27 and 29 |
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of this Act fails to meet the requirements of the federal Secure and |
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Fair Enforcement for Mortgage Licensing Act of 2008 (Pub. L. No. |
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110-289), that provision of this Act shall be held invalid; |
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however, the remainder of this Act or the application of the |
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provision to other persons or circumstances is not affected. |
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Explanation: The change is a conforming change to the bill |
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made necessary because of the addition of text to the bill under |
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Item (2) of this resolution. |