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  83R10288 ATP-F
 
  By: Pitts H.B. No. 2609
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the exclusive regulatory and oversight authority of the
  consumer credit commissioner regarding certain business entities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 14, Finance Code, is
  amended by adding Section 14.2011 to read as follows:
         Sec. 14.2011.  EXCLUSIVE VISITORIAL POWERS.  (a) In this
  section:
               (1)  "Business entity" means a partnership,
  corporation, joint venture, limited liability company, or other
  business organization or business association, however organized.
               (2)  "Visitorial powers," with respect to a regulated
  business entity, include:
                     (A)  examination of a business entity;
                     (B)  inspection of a business entity's books and
  records;
                     (C)  regulation and supervision of activities
  authorized or permitted under this code; and
                     (D)  enforcement of compliance with any
  applicable state laws concerning activities authorized or
  permitted under this code.
         (b)  Unless otherwise expressly provided by state law or
  state regulation, the commissioner has exclusive visitorial powers
  with respect to the content and conduct of activities authorized
  for a business entity regulated by the commissioner under this
  code, and the regulated business entity is not subject to any
  visitorial powers of a political subdivision of this state.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.