reglab/statecodes huggingface dataset:
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter B. Composition and Operation › Section 11.1021. Conflict of Interest

Sec. 11.1021.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the finance commission if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in an industry regulated by a finance agency;  or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in an industry regulated by a finance agency.
(c)  A person may not be a member of the finance commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of a finance agency.
Added by Acts 2001, 77th Leg., ch. 867, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter B. Composition and Operation › Section 11.103. Removal of Members

Sec. 11.103.  REMOVAL OF MEMBERS.  (a)  It is a ground for removal from the finance commission that a member:
(1)  does not have at the time of taking office the qualifications required by Section 11.102;
(2)  does not maintain during service on the finance commission the qualifications required by Section 11.102;
(3)  is ineligible for membership under Section 11.102 or 11.1021;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(5)  is absent from more than half of the regularly scheduled finance commission meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the finance commission.
(b)  If the banking commissioner, savings and mortgage lending commissioner, or consumer credit commissioner has knowledge that a potential ground for removal exists, the banking commissioner, savings and mortgage lending commissioner, or consumer credit commissioner shall notify the presiding officer of the finance commission of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the banking commissioner, savings and mortgage lending commissioner, or consumer credit commissioner shall notify the next highest ranking officer of the finance commission, who shall then notify the governor and the attorney general that a potential ground for removal exists.
(c)  The validity of an action of the finance commission is not affected by the fact that it was taken when a ground for removal of a member of the finance commission existed.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.005, eff. September 1, 2007.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter B. Composition and Operation › Section 11.104. Expenses and Compensation of Members

Sec. 11.104.  EXPENSES AND COMPENSATION OF MEMBERS.  A member of the finance commission is entitled to:
(1)  the reimbursement for reasonable and necessary expenses incidental to travel incurred in connection with the performance of official duties; and
(2)  a per diem for each day that the member engages in the business of the finance commission.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1317 (H.B. 2774), Sec. 28(b), eff. September 1, 2009.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter B. Composition and Operation › Section 11.105. Matter in Which Member Has Personal Interest

Sec. 11.105.  MATTER IN WHICH MEMBER HAS PERSONAL INTEREST.  A member of the finance commission may not act or participate in the portion of a commission meeting during which the matter considered specifically relates to an entity:
(1)  of which the member or the member's spouse is an officer, director, stockholder, shareholder, or owner; or
(2)  in which the member or the member's spouse has another financial interest.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter B. Composition and Operation › Section 11.106. Meetings

Sec. 11.106.  MEETINGS.  (a)  The finance commission shall hold at least six regular public meetings during each calendar year on dates set by the commission.
(b)  The presiding officer or three members of the finance commission may call a special public meeting of the commission.
(c)  The finance commission may hold an open or closed special meeting by telephone conference call if:
(1)  immediate action is required;
(2)  the convening at one location of a quorum of the finance commission is difficult or impossible;
(3)  notice is given for the meeting as for other meetings;
(4)  the notice specifies a location for the meeting at which the public may attend;
(5)  each part of the meeting that is required to be open to the public is audible to the public at the location specified in the notice of the meeting;  and
(6)  the meeting is tape-recorded and the tape recording of each portion of the meeting that is required to be open to the public is made available to the public.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter B. Composition and Operation › Section 11.107. Presiding Officer

Sec. 11.107.  PRESIDING OFFICER.  (a)  The governor shall appoint a member of the finance commission as presiding officer of the commission.  The presiding officer serves at the will of the governor.
(b)  The presiding officer shall preside at and provide for the keeping of minutes of each public meeting of the finance commission.
(c)  The presiding officer may:
(1)  adopt rules and procedures as the presiding officer considers necessary for the orderly operation of the finance commission and for communication among the finance commission, the Texas Department of Banking, the Department of Savings and Mortgage Lending, and the Office of Consumer Credit Commissioner;
(2)  adopt internal procedures governing the time and place of meetings, the type of notice for special public meetings, the manner in which public meetings are to be conducted, and other similar matters; and
(3)  appoint committees composed of finance commission members as the presiding officer considers necessary to carry out the commission's business.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.006, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 940 (H.B. 1664), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter B. Composition and Operation › Section 11.108. Sunset Provision

Sec. 11.108.  SUNSET PROVISION.  The finance commission is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the commission is abolished September 1, 2031.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 2.02, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1279 (H.B. 1675), Sec. 3.02, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter B. Composition and Operation › Section 11.109. Standards of Conduct

Sec. 11.109.  STANDARDS OF CONDUCT.  The presiding officer of the finance commission or the presiding officer's designee shall provide to members of the finance commission, as often as necessary, information regarding the requirements for office under this title, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers.
Added by Acts 2001, 77th Leg., ch. 867, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter B. Composition and Operation › Section 11.110. Training

Sec. 11.110.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the finance commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the finance commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the legislation that created the finance agencies and the finance commission;
(2)  the programs operated by the finance agencies;
(3)  the role and functions of the finance agencies;
(4)  the rules of the finance commission with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for the finance agencies;
(6)  the results of the most recent formal audit of the finance agencies;
(7)  the requirements of:
(A)  the open meetings law, Chapter 551, Government Code;
(B)  the public information law, Chapter 552, Government Code;
(C)  the administrative procedure law, Chapter 2001, Government Code;  and
(D)  other laws relating to public officials, including conflict-of-interest laws;  and
(8)  any applicable ethics policies adopted by the finance commission or the Texas Ethics Commission.
(c)  A person appointed to the finance commission is entitled to reimbursement under Section 11.104, as if the person were a member of the finance commission, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The commissioner of each finance agency shall create a training manual that includes the information required by Subsection (b) applicable to that commissioner's agency.  The commissioner of each finance agency shall distribute a copy of the training manual created under this subsection annually to each member of the finance commission.  Each member of the finance commission shall sign and submit to the appropriate commissioner a statement acknowledging that the member received and has reviewed the training manual.
(e)  Notwithstanding Subsection (d), the commissioner of each finance agency may collaborate and jointly create one training manual that includes the information required by Subsection (b) applicable to each finance agency.
Added by Acts 2001, 77th Leg., ch. 867, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1317 (H.B. 2774), Sec. 28(c), eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter B. Composition and Operation › Section 11.111. Separation of Functions

Sec. 11.111.  SEPARATION OF FUNCTIONS.  The finance commission shall develop and implement policies that clearly separate the policymaking responsibilities of the finance commission and the management responsibilities of the banking commissioner, savings and mortgage lending commissioner, and consumer credit commissioner and staff of the finance agencies.
Added by Acts 2001, 77th Leg., ch. 867, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.007, eff. September 1, 2007.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter B. Composition and Operation › Section 11.112. Public Testimony

Sec. 11.112.  PUBLIC TESTIMONY.  The finance commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the finance commission and to speak on any issue under the jurisdiction of the finance agencies.
Added by Acts 2001, 77th Leg., ch. 867, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter B. Composition and Operation › Section 11.113. Advisory Committees

Sec. 11.113.  ADVISORY COMMITTEES.  (a)  The finance commission may appoint advisory committees to assist the finance commission in performing its duties.
(b)  The finance commission shall specify each committee's purpose, powers, and duties and shall require each committee to report to the finance commission in the manner specified by the finance commission concerning the committee's activities and the results of its work.
Added by Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter C. Staff and Expenses › Section 11.202. Hearings Officer and Auditor

Sec. 11.202.  HEARINGS OFFICER AND AUDITOR.  (a)  The finance commission shall direct a finance agency to employ an internal auditor to provide services to and facilitate commission oversight and control over the finance agencies.
(b)  The Texas Department of Banking may employ a hearings officer to serve the finance agencies as determined by interagency agreement.  For the purposes of Section 2003.021, Government Code, a hearings officer employed under this section may be retained under contract to provide services on a part-time basis and is considered to be an employee of each agency for which hearing services are provided.  The hearings officer's only duty under the hearings officer's contract is to preside over matters related to contested cases before a finance agency.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 8, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 4, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 97 (S.B. 1645), Sec. 1, eff. May 19, 2023.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter C. Staff and Expenses › Section 11.203. Limitation on Direction of Auditor

Sec. 11.203.  LIMITATION ON DIRECTION OF AUDITOR.  The internal auditor reports to the finance commission and is not subject to direction by the employing finance agency.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 9, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter C. Staff and Expenses › Section 11.204. Sharing of Staff, Equipment, and Facilities; Allocation of Costs

Sec. 11.204.  SHARING OF STAFF, EQUIPMENT, AND FACILITIES;  ALLOCATION OF COSTS.  (a)  The finance commission shall use the staff, equipment, and facilities of the finance agencies to the extent necessary to carry out the finance commission's duties.  To reduce administrative costs, the finance agencies shall share staff, equipment, and facilities to the extent that the sharing contributes to cost efficiency without detracting from the staff expertise needed for individual areas of agency responsibility.
(b)  An interagency agreement must provide that the cost of staff used by the finance commission, including the internal auditor, is to be charged to the finance agencies in proportion to the amount of time devoted to each agency's business.  All other costs of operation of the finance commission are to be shared by and included in the budgets of the finance agencies in proportion to the amount of cash receipts of each of those agencies.
(c)  The finance commission shall have charge and control of the property known as the Finance Commission Building and use of staff, equipment, and facilities of the finance agencies.  The Finance Commission Building refers to the property located in the city of Austin and titled in the name of the Banking Section of the Finance Commission of Texas, as described by deed recorded in Volume 5080, Page 1099, of the Deed Records of Travis County, Texas.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 10, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1317 (H.B. 2774), Sec. 28(d), eff. September 1, 2009.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter D. Powers and Duties › Section 11.301. Banking Rules

Sec. 11.301.  BANKING RULES.  The finance commission may adopt banking rules as provided by Section 31.003.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter D. Powers and Duties › Section 11.302. Savings Association and Savings Bank Rules

Sec. 11.302.  SAVINGS ASSOCIATION AND SAVINGS BANK RULES.  (a)  The finance commission may adopt rules applicable to state savings associations or to savings banks and may authorize state savings associations and savings banks to invest money of state savings associations or savings banks in any manner permitted for a federal savings association or federal savings bank domiciled in this state.  This subsection does not authorize the finance commission to diminish or limit a right or power specifically given to state savings associations or savings banks by state law.
(b)  The finance commission may adopt rules to:
(1)  prevent state savings associations or savings banks from concentrating an excessive or unreasonable portion of the resources of state savings associations or savings banks in a type or character of loan or security authorized by Subtitle B or C, Title 3;   and
(2)  establish standards for investments by state savings associations or savings banks, including limits on the amount that a state savings association or savings bank may invest in a type or character of investment to an amount or percentage of the savings association's or savings bank's assets or net worth.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter D. Powers and Duties › Section 11.303. Disclosure of Certain Information to Finance Commission Prohibited

Sec. 11.303.  DISCLOSURE OF CERTAIN INFORMATION TO FINANCE COMMISSION PROHIBITED.  Information regarding the financial condition of a state savings association or savings bank obtained through examination or otherwise may not be disclosed to a member of the finance commission, except that the savings and mortgage lending commissioner may disclose to the finance commission a file or record pertinent to a hearing or matter pending before the commission.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.008, eff. September 1, 2007.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter D. Powers and Duties › Section 11.304. Consumer Credit Rules

Sec. 11.304.  CONSUMER CREDIT RULES.  The finance commission may adopt rules necessary to supervise the consumer credit commissioner and ensure compliance with Chapter 14 and Title 4.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter D. Powers and Duties › Section 11.305. Research

Sec. 11.305.  RESEARCH.
(a)  The consumer credit commissioner shall establish a program to address alternatives to high-cost lending in this state. The program shall:
(1)  study and report on high-cost lending, including the availability, quality, and prices of financial services offered in this state to individual consumers in this state; and
(2)  evaluate alternatives to high-cost lending and the practices of business entities in this state that provide financial services to individual consumers in this state.
(b)  The program may:
(1)  apply for and receive public and private grants and gifts to conduct the research authorized by this section;
(2)  contract with public and private entities to carry out studies and analyses under this section;
(3)  provide funding for pilot programs;  and
(4)  make grants to nonprofit institutions working to provide alternatives to high-cost loans.
(c)  Not later than December 1 of each year, the consumer credit commissioner shall provide to the legislature a report detailing its findings and making recommendations to improve the availability, quality, and prices of financial services.
(d)  The Texas Department of Banking and the Department of Savings and Mortgage Lending shall jointly conduct a continuing review of the condition of the state banking system.  The review must include a review of all available national and state economic forecasts and an analysis of changing banking practices and new banking legislation.  Periodically the departments shall submit a report to the finance commission on the results of the review, including information relating to the condition of the state banking system at the time of the report and the predicted condition of that system in the future.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 11, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 916, Sec. 7, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 211, Sec. 2.03(c), eff. June 16, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.009, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter D. Powers and Duties › Section 11.3055. Financial Services Study

Sec. 11.3055.  FINANCIAL SERVICES STUDY.  (a)  The finance commission may assign the banking commissioner, savings and mortgage lending commissioner, or consumer credit commissioner to conduct research on:
(1)  the availability, quality, and prices of financial services, including lending and depository services, offered in this state to agricultural businesses, small businesses, and individual consumers in this state; and
(2)  the practices of business entities in this state that provide financial services to agricultural businesses, small businesses, and individual consumers in this state.
(b)  The banking commissioner, savings and mortgage lending commissioner, or consumer credit commissioner may:
(1)  apply for and receive public and private grants and gifts to conduct the research authorized by this section; and
(2)  contract with public and private entities to carry out studies and analyses under this section.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. September 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 11, eff. September 1, 2001.
Renumbered from Finance Code Sec. 11.305(a), (b) and amended by Acts 2003, 78th Leg., ch. 211, Sec. 2.03(c), eff. June 16, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.010, eff. September 1, 2007.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter D. Powers and Duties › Section 11.306. Residential Mortgage Loan Origination Rules

Sec. 11.306.  RESIDENTIAL MORTGAGE LOAN ORIGINATION RULES.  The finance commission may adopt residential mortgage loan origination rules as provided by Chapter 156.
Added by Acts 1999, 76th Leg., ch. 1254, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 12, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 655 (S.B. 1124), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter D. Powers and Duties › Section 11.307. Rules Relating to Consumer Complaints

Sec. 11.307.  RULES RELATING TO CONSUMER COMPLAINTS.  (a)  The finance commission shall adopt rules applicable to each entity regulated by the Texas Department of Banking or the Department of Savings and Mortgage Lending specifying the manner in which the entity provides consumers with information on how to file complaints with the appropriate agency.
(b)  The finance commission shall adopt rules applicable to each entity regulated by a finance agency requiring the entity to include information on how to file complaints with the appropriate agency in each privacy notice that the entity is required to provide consumers under law, including Pub. L. No. 106-102.
Added by Acts 2001, 77th Leg., ch. 867, Sec. 13, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.011, eff. September 1, 2007.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter D. Powers and Duties › Section 11.308. Interpretation of Home Equity Lending Law

Sec. 11.308.  INTERPRETATION OF HOME EQUITY LENDING LAW.  The finance commission may, on request of an interested person or on its own motion, issue interpretations of Sections 50(a)(5)-(7), (e)-(p), (t), and (u), Article XVI, Texas Constitution.  An interpretation under this section is subject to Chapter 2001, Government Code, and is applicable to all lenders authorized to make extensions of credit under Section 50(a)(6), Article XVI, Texas Constitution, except lenders regulated by the Credit Union Commission.  The finance commission and the Credit Union Commission shall attempt to adopt interpretations that are as consistent as feasible or shall state justification for any inconsistency.
Acts 2003, 78th Leg., ch. 1207, Sec. 1, eff. Sept. 13, 2003.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 11 - Finance Commission of Texas › Subchapter D. Powers and Duties › Section 11.309. Rules Relating to Check Verification Entities

Sec. 11.309.  RULES RELATING TO CHECK VERIFICATION ENTITIES.  (a)  In this section, "check verification entity" and "financial institution" have the meanings assigned by Section 523.052, Business & Commerce Code.
(b)  The finance commission shall adopt rules:
(1)  requiring a check verification entity to register with the banking commissioner:
(A)  at the intervals the finance commission determines, but not less frequently than annually; and
(B)  by providing to the banking commissioner the information that the finance commission determines is necessary to enable a financial institution or a check verification entity to comply with the requirements of Section 523.052, Business & Commerce Code;
(2)  authorizing the banking commissioner to charge a check verification entity a reasonable annual fee, not to exceed $100, to register with the commissioner; and
(3)  requiring the banking commissioner to establish an electronic notification system, through secure e-mail or another secure system, to be used by a financial institution to notify check verification entities as required by Section 523.052, Business & Commerce Code.
(c)  The finance commission may not impose a duty on the banking commissioner under Subsection (b)(3) to verify the validity or completeness of information transmitted through the electronic notification system.
(d)  The banking commissioner may solicit and accept gifts, grants, and donations from public and private entities to establish and maintain the secure notification system.
Added by Acts 2007, 80th Leg., R.S., Ch. 1044 (H.B. 2002), Sec. 2, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 10.001, eff. September 1, 2009.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 12 - Texas Department of Banking › Subchapter A. General Provisions › Section 12.001. Definitions

Sec. 12.001.  DEFINITIONS.  The definitions provided by Section 31.002 apply to this chapter.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 12 - Texas Department of Banking › Subchapter B. Operation of Department › Section 12.101. Banking Commissioner

Sec. 12.101.  BANKING COMMISSIONER.  (a)  The banking commissioner is the chief executive officer of the Texas Department of Banking.  The finance commission shall appoint the banking commissioner.  The banking commissioner serves at the will of the finance commission and is subject to the finance commission's orders and directions.
(b)  The banking commissioner must have not less than seven years' experience in banking or bank supervision.
(c)  The finance commission shall set the compensation of the banking commissioner.  The compensation shall be paid from money of the department.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 14, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 367 (H.B. 3536), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 12 - Texas Department of Banking › Subchapter B. Operation of Department › Section 12.102. Deputy Banking Commissioners

Sec. 12.102.  DEPUTY BANKING COMMISSIONERS.  (a)  The banking commissioner shall appoint one or more deputy banking commissioners as necessary to the efficient operation of the department.  The banking commissioner shall prescribe the qualifications and duties of a deputy banking commissioner.
(b)  During the banking commissioner's absence or inability to serve, a deputy banking commissioner has the powers and shall perform the duties of the banking commissioner.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 412, Sec. 1.01, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 12 - Texas Department of Banking › Subchapter B. Operation of Department › Section 12.104. Oath of Office

Sec. 12.104.  OATH OF OFFICE.  Before assuming the duties of office, each deputy banking commissioner, examiner, assistant examiner, conservator, supervisor, and special agent, and each other officer or employee specified by the banking commissioner, must take an oath of office to:
(1)  discharge faithfully the duties assigned;  and
(2)  uphold the constitution and laws of this state and of the United States.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 412, Sec. 1.02, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 12 - Texas Department of Banking › Subchapter B. Operation of Department › Section 12.105. Fees, Revenue, and Expenses; Audit

Sec. 12.105.  FEES, REVENUE, AND EXPENSES;  AUDIT.  (a)  The finance commission shall establish reasonable and necessary fees for the administration of this chapter, Chapter 11, Chapter 13, and Subtitle A, Title 3.
(b)  The costs of an audit of the department under Chapter 321, Government Code, shall be paid to the state auditor from the money of the department.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 12 - Texas Department of Banking › Subchapter B. Operation of Department › Section 12.106. Liability

Sec. 12.106.  LIABILITY.  (a)  The banking commissioner, a member of the finance commission, a deputy banking commissioner, an examiner, assistant examiner, supervisor, conservator, agent, or other officer or employee of the department, or an agent of the banking commissioner is not personally liable for damages arising from the person's official act or omission unless the act or omission is corrupt or malicious.
(b)  The attorney general shall defend an action brought against a person because of an official act or omission under Subsection (a) regardless of whether the defendant has terminated service with the department before the action commences.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 412, Sec. 1.03, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 12 - Texas Department of Banking › Subchapter B. Operation of Department › Section 12.108. Consumer Information and Complaints

Sec. 12.108.  CONSUMER INFORMATION AND COMPLAINTS.  (a)  The department shall maintain a system to promptly and efficiently act on complaints filed with the department.  The department shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The department shall make information available describing its procedures for complaint investigation and resolution.
(c)  The department shall periodically notify the complaint parties of the status of the complaint until final disposition.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 699, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 12 - Texas Department of Banking › Subchapter B. Operation of Department › Section 12.1085. Financial Literacy Program

Sec. 12.1085.  FINANCIAL LITERACY PROGRAM.  (a)  The department shall seek to improve the financial literacy and education of persons in this state and to encourage access to mainstream financial products and services by persons who have not previously participated in the conventional finance system, by:
(1)  coordinating, encouraging, and aiding banks in the development and promotion of financial literacy and education programs and community outreach;
(2)  serving as a clearinghouse of information about financial literacy and education programs;
(3)  creating and maintaining a resource bank of materials pertaining to financial literacy; and
(4)  promoting replication of best practices and exemplary programs that foster financial literacy and education.
(b)  The department may solicit and accept a gift, grant, or donation from any source, including a foundation, private entity, governmental entity, or institution of higher education, to assist in the implementation of this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 110 (H.B. 2007), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 12 - Texas Department of Banking › Subchapter B. Operation of Department › Section 12.109. Sunset Provision

Sec. 12.109.  SUNSET PROVISION.  The office of banking commissioner is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the office is abolished September 1, 2031.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 699, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 2.03, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1279 (H.B. 1675), Sec. 3.03, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 12 - Texas Department of Banking › Subchapter B. Operation of Department › Section 12.111. Standards of Conduct

Sec. 12.111.  STANDARDS OF CONDUCT.  The banking commissioner or the banking commissioner's designee shall provide to agency employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2001, 77th Leg., ch. 699, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 12 - Texas Department of Banking › Subchapter B. Operation of Department › Section 12.112. Equal Employment Opportunity Policy

Sec. 12.112.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  The banking commissioner or the banking commissioner's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the department to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the department's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c)  The policy statement must:
(1)  be updated annually;
(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1);  and
(3)  be filed with the governor's office.
Added by Acts 2001, 77th Leg., ch. 699, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 12 - Texas Department of Banking › Subchapter B. Operation of Department › Section 12.113. Alternative Rulemaking and Dispute Resolution

Sec. 12.113.  ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION.  (a)  The finance commission by rule shall develop a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of rules by the finance commission applicable to the department; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the department's jurisdiction.
(b)  The procedures applicable to the department relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The department shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 12 - Texas Department of Banking › Subchapter B. Operation of Department › Section 12.114. Advisory Committees

Sec. 12.114.  ADVISORY COMMITTEES.  (a)  The banking commissioner may appoint advisory committees to assist the department and banking commissioner in performing their duties.
(b)  The banking commissioner shall specify each committee's purpose, powers, and duties and shall require each committee to report to the banking commissioner or department in the manner specified by the banking commissioner concerning the committee's activities and the results of its work.
Added by Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 13 - Department of Savings and Mortgage Lending › Section 13.001. Definitions

Sec. 13.001.  DEFINITIONS.  The definitions provided by Section 31.002 apply to this chapter.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 13 - Department of Savings and Mortgage Lending › Section 13.0015. Name Changes

Sec. 13.0015.  NAME CHANGES.  (a)  The Savings and Loan Department is renamed the Department of Savings and Mortgage Lending and the savings and loan commissioner is renamed the savings and mortgage lending commissioner.
(b)  A reference in a statute or rule to the Savings and Loan Department means the Department of Savings and Mortgage Lending.
(c)  A reference in a statute or rule to the savings and loan commissioner means the savings and mortgage lending commissioner.
Added by Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 3.02, eff. September 1, 2005.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 13 - Department of Savings and Mortgage Lending › Section 13.002. Savings and Mortgage Lending Commissioner

Sec. 13.002.  SAVINGS AND MORTGAGE LENDING COMMISSIONER.  (a)  The savings and mortgage lending commissioner is the chief executive officer of the Department of Savings and Mortgage Lending.  The finance commission shall appoint the savings and mortgage lending commissioner.  The savings and mortgage lending commissioner serves at the will of the finance commission and is subject to the finance commission's orders and direction.
(b)  The savings and mortgage lending commissioner must have not less than five years' experience in the executive management of a savings association or savings bank or in savings association or savings bank supervision during the 10 years preceding the commissioner's appointment.
(c)  The finance commission shall set the compensation of the savings and mortgage lending commissioner.  The compensation shall be paid from money of the Department of Savings and Mortgage Lending.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 15, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.013, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 464 (S.B. 1008), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 367 (H.B. 3536), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 13 - Department of Savings and Mortgage Lending › Section 13.003. Deputy Commissioners

Sec. 13.003.  DEPUTY COMMISSIONERS.  (a)  The savings and mortgage lending commissioner shall appoint one or more deputy savings and mortgage lending commissioners.
(b)  One deputy savings and mortgage lending commissioner must have the qualifications required of the savings and mortgage lending commissioner.  During the savings and mortgage lending commissioner's absence or inability to serve, that deputy savings and mortgage lending commissioner has the powers and shall perform the duties of the savings and mortgage lending commissioner.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.014, eff. September 1, 2007.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 13 - Department of Savings and Mortgage Lending › Section 13.004. Examiners

Sec. 13.004.  EXAMINERS.  The savings and mortgage lending commissioner shall appoint savings association and savings bank examiners.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.015, eff. September 1, 2007.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 13 - Department of Savings and Mortgage Lending › Section 13.006. Oath of Office

Sec. 13.006.  OATH OF OFFICE.  Before assuming the duties of office, each deputy savings and mortgage lending commissioner, examiner, assistant examiner, conservator, supervisor, and special agent and each other officer or employee specified by the savings and mortgage lending commissioner must take an oath of office to discharge faithfully the duties assigned and uphold the constitution and laws of this state and the United States.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.017, eff. September 1, 2007.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 13 - Department of Savings and Mortgage Lending › Section 13.007. General Powers and Duties of Commissioner

Sec. 13.007.  GENERAL POWERS AND DUTIES OF COMMISSIONER.  The savings and mortgage lending commissioner shall:
(1)  supervise and regulate the organization, operation, and liquidation of state savings associations, as provided by Subtitle B, Title 3, and state savings banks, as provided by Subtitle C, Title 3; and
(2)  enforce those subtitles personally or through a deputy savings and mortgage lending commissioner, examiner, supervisor, conservator, or other agent.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.018, eff. September 1, 2007.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 13 - Department of Savings and Mortgage Lending › Section 13.009. Conflicts of Law

Sec. 13.009.  CONFLICTS OF LAW.  If this chapter conflicts with Subtitle B or C, Title 3, this chapter controls.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 13 - Department of Savings and Mortgage Lending › Section 13.010. Conflicts of Interest

Sec. 13.010.  CONFLICTS OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a Department of Savings and Mortgage Lending employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in a field regulated by the Department of Savings and Mortgage Lending; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in a field regulated by the Department of Savings and Mortgage Lending.
(c)  A person may not act as the general counsel to the Department of Savings and Mortgage Lending if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the Department of Savings and Mortgage Lending.
(d)  Before the 11th day after the date on which an employee begins employment with the Department of Savings and Mortgage Lending, the employee shall read the conflict-of-interest statutes applicable to employees of the Department of Savings and Mortgage Lending and sign a notarized affidavit stating that the employee has read those statutes.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 337, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 6.020, eff. September 1, 2007.