HBA-JLV H.B. 1636 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1636
By: McCall
Financial Institutions
3/7/2001
Introduced



BACKGROUND AND PURPOSE 

The Texas Savings and Loan Department (department) protects the depositors
of Texas by ensuring the safe and sound operation of state-chartered
savings institutions.  In 1999, the legislature also gave the department
responsibility for licensing mortgage brokers.  The Sunset Advisory
Commission review of the department began shortly after the 76th Regular
Session and provides several recommendations relating to licensing of
mortgage brokers, criminal background information, and routine inspections.
House Bill 1636 continues the department until 2013 and applies the
recommendations of the Sunset Advisory Commission. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Finance Commission of Texas in
SECTION 9 (Section 156.301, Finance Code) of this bill. 

ANALYSIS

House Bill 1636 amends the Finance Code to continue the Texas Savings and
Loan Department (department) until September 1, 2013, to set forth standard
Sunset Advisory Commission recommendations regarding conflicts of interest,
consumer information and complaints, standards of conduct, and the
development of an equal employment opportunity policy, and to modify the
functions of the department. 

The bill requires the savings and loan commissioner (commissioner) or the
commissioner's designee to provide to agency employees information and
training on participation in the state employee incentive program (Sec.
13.015).  The bill also requires the commissioner to issue a provisional
license to applicants for a mortgage broker or loan officer license
(license) for whom criminal history information has not been received from
the Federal Bureau of Investigation within 30 days of the request for
information and if the information has not been received within 90 days,
the license is no longer provisional (Sec. 156.207).  The bill authorizes
the commissioner to waive any prerequisite to obtaining a license for an
applicant after reviewing the applicant's credentials and determining that
the applicant holds a license issued by another jurisdiction.  The bill
sets conditions in which the commissioner may issue a provisional license
to an applicant currently licensed in another jurisdiction, including a
foreign country.  The bill requires the commissioner to issue a license to
the provisional license holder if the provisional license holder is
eligible to be licensed, or the commissioner verifies that the provisional
license holder meets the academic and experience requirements for a
license.  The bill provides that the commissioner must approve or deny a
provisional license holder's application for a license within 180 days of
the issuance of a provisional license. The bill authorizes the finance
commission to establish a reasonable fee for provisional licenses in an
amount necessary to cover the cost of issuing the license (Sec. 156.2071). 

The bill prohibits a person whose license has expired from engaging in
activities that require a license until the license has been renewed.  The
bill provides the fee amounts and the requirements necessary for the
renewal of a license after certain periods of time.  The bill requires the
commissioner  to send a written notice of the impending expiration of a
license by a specific time to the person at the person's last known
address according to the records of the department (Sec. 156.2081).   The
bill authorizes the commissioner to conduct routine inspections of a
licensed person to determine whether the person is complying with the
applicable rules and provides that routine inspections must be conducted on
a regular schedule determined by finance commission rule (Sec. 156.301). 

The bill requires the commission by rule to provide guidelines to govern a
routine inspection or an investigation, including rules to determine the
information and records to which the commissioner may demand access and to
establish what constitutes reasonable cause for an investigation.  The bill
provides that information obtained by the commissioner during a routine
inspection or an investigation is confidential unless disclosure of the
information is permitted or required by other law (Sec. 156.301). 

EFFECTIVE DATE
September 1, 2001.