AGENDA

Finance Commission Meeting

Friday, February 17, 2012
9 a.m. or Upon Adjournment of the
Strategic Planning Committee Meeting, Whichever is Later

Hearing Room E2.028, Texas Capitol Extension
Austin, Texas 78701


Section A.3 will take up the following agenda items with NO DISCUSSION as notated in bold and italics: B2 – 5; C5 – 20; D2-3.

Public comment on any agenda item or issue under the jurisdiction of the Finance Commission agencies is allowed unless the comment is in reference to a rule proposal for which the public comment period has ended. However, upon majority vote of the Commission, public comment may be allowed related to final rule adoption.

A. Finance Commission Matters

  1. Review and Approval of the Minutes of the December 16, 2011, Finance Commission Meeting.

  2. General Public Comment.

  3. Consent Agenda.

  4. Finance Commission Operations – Legislative Issues; Testimonies and Correspondence; Agency Complaints; and Administrative Law Judge Reporting.

  5. Study Committee Report

    1. Discussion of the Finance Commission Study of Fees, Costs, Interest, and Other Expenses Charged in Connection with the Transfer of Property Tax Liens.

    2. Discussion of and Possible Vote to Adopt Finance Commission of Texas Procedures Regarding Potential Conflict of Interest.

  6. Audit Committee Report

    1. Audit Committee Review of Agencies’ Activities.

    2. Discussion of and Possible Vote to Recommend that the Finance Commission Take Action on the Agencies’ November 30, 2011, Investment Officer Reports.

    3. Discussion of and Possible Vote to Recommend that the Finance Commission Take Action on the Agencies’ First Quarter Financial Statements.

    4. Discussion of and Possible Vote to Recommend that the Finance Commission Take Action on the Agencies’ Investment Policies.

  7. Discussion Regarding the Process of Strategic Planning for the Finance Commission Agencies’ 2013-2017 Strategic Plans.

  8. Discussion of and Possible Action Regarding Personnel Matters Pursuant to Section 551.074, Texas Government Code: Deliberations with Respect to the Duties of a Person Holding the Position of Executive Director of the Finance Commission, Deliberations with Respect to the Duties of Persons Holding the Position of Agency Commissioner Positions, and Other Staff.

  9. Discussion of and Possible Action Regarding Facility Planning and Real Property Matters Pursuant to Section 551.072, Texas Government Code: Deliberations Regarding the Purchase, Exchange, Lease or Value of Real Property.

  10. Discussion of and Possible Action Regarding Anticipated and Pending Litigation Pursuant to Section 551.071, Texas Government Code, for the purpose of seeking the advice or attorney-client privileged communications from our attorneys regarding pending and contemplated litigation.

    The Finance Commission of Texas, The Credit Union Commission of Texas, and Texas Bankers Association v. Association of Community Organizations for Reform Now (ACORN), Valerie Norwood, Elise Shows, Maryann Robles-Valdez, Bobby Martin, Pamela Cooper, and Carlos Rivas.

B. Department of Banking

  1. Industry Status and Departmental Operations: a) Items of Interest from the Commissioner’s Office; b) Bank and Trust Division Activities; c) Corporate Division Activities; d) Special Audits Division Activities; e) Fiscal Division Activities; f) Strategic Support Division Activities; g) Legal Division Activities; h) Legislative Activity; and i) General Items of Interest.

  2. Discussion of and Possible Vote to Take Action on the Adoption of New 7 TAC §3.93, Concerning Deposit Production Offices.

  3. Discussion of and Possible Vote to Take Action on the Adoption of Amendment to 7 TAC §15.2, Concerning Filing Fees and Cost Deposits.
  4. Discussion of and Possible Vote to Take Action on the Adoption of Repeal of Current 7 TAC §25.11 and New 7 TAC §25.11, Concerning Record Keeping Requirements for Trust-Funded Contracts.
  5. Discussion of and Possible Vote to Take Action on the Readoption of 7 TAC Chapter 35, Concerning Check Verification Entities, Resulting from Rule Review.
  6. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of Amendments to 7 TAC §12.7 Concerning Lease Financing, 7 TAC §12.9 Concerning Aggregation and Attribution, and 7 TAC §12.10 Concerning Nonconforming Loans.

  7. Personnel Matters.
  8. Discussion of and Possible Action Regarding Anticipated and Pending Litigation.

    State of Texas v. Stephenville Memorial Gardens, Inc.; Cause No. 30853, in the 266th District Court of Erath County, Texas.

    Texas Department of Banking v. Greg Abbott, Attorney General of Texas; Cause No. D-1-GV-11-001906, In the 53rd District Court of Travis County, Texas.


C. Department of Savings and Mortgage Lending

  1. Industry Status and Departmental Operations – State Savings Bank Activity: a) Industry Status; b) State Savings Bank Charter and Application Activity; c) Wholesale Savings & Loan Charter and Application Activity; d) Recap of Problem Institutions/Enforcement Issues; and e) Other Issues.

  2. Industry Status and Departmental Operations – Mortgage Lending Activity: a) Residential Mortgage Loan Originators; b) Mortgage Examination; c) Consumer Complaints/Legal Activity; d) Mortgage Industry Advisory Committee Minutes; and e) Other Issues.

  3. Fiscal/Operations Activity: a) Funding Status/Audits/Financial Reporting; b) Staffing; and c) Other Issues.

  4. Personnel Matters.

  5. Discussion of and Possible Vote to Take Action on the Adoption of Amendment to 7 TAC §51.1, concerning the Form and Content of Application to Incorporate; Requirements for Capital Stock and Paid-in Surplus or Savings Liability and Expense Fund; Payment before Opening for Business, §51.2, concerning Use of Approved Forms, and to §51.4, concerning Publication of Notice of Charter Application in conjunction with the Commission’s review of Chapter 51.

  6. Discussion of and Possible Vote to Take Action on the Adoption of Amendment to 7 TAC §53.3, concerning the Content of Branch Office Application; Filing of Another Application; Notice; Publication; Hearing; Decision, §53.10, concerning Designation of Supervisory Sale, and to §53.18, concerning Offices and Remote Service Units in Other States or Territories in conjunction with the Commission’s review of Chapter 53.

  7. Discussion of and Possible Vote to Take Action on the Adoption of Repeal of 7 TAC §53.11, concerning Remote Service Units, §53.12, concerning Authority to Establish and Use Remote Service Units, §53.13, concerning Operational Requirements for Remote Service Units, §53.14, concerning Application to Operate Remote Service Units, §53.15, concerning Notice of Remote Service Unit Application, and §53.16, concerning Approval of Application for Remote Service Unit in conjunction with the Commission’s review of Chapter 53.

  8. Discussion of and Possible Vote to Take Action on the Adoption of Amendment to 7 TAC §57.4, concerning the Application Forms in conjunction with the Commission’s review of Chapter 57.

  9. Discussion of and Possible Vote to Take Action on the Adoption of Amendment to 7 TAC §61.1, concerning the Hearings Officer in conjunction with the Commission’s review of Chapter 61.

  10. Discussion of and Possible Vote to Take Action on the Adoption of Amendment to 7 TAC §63.8, concerning the Annual Fees to do Business in conjunction with the Commission’s review of Chapter 63.

  11. Discussion of and Possible Vote to Take Action on the Adoption of Amendment to 7 TAC §64.10, concerning the Consumer Complaint Procedures in conjunction with the Commission’s review of Chapter 64.

  12. Discussion of and Possible Vote to Take Action on the Adoption of Amendment to 7 TAC §65.21, concerning the Investments in Securities in conjunction with the Commission’s review of Chapter 65.

  13. Discussion of and Possible Vote to Take Action on the Adoption of Amendment to 7 TAC §67.6, concerning the Provisions for Distribution of Earnings on Other Than Regular Accounts, §67.8, concerning the Deposit Accounts, §67.9, concerning the Provisions for Issuance of Secured or Unsecured Capital Obligations, §67.10, concerning the Joint Issuance of Capital Obligations, §67.11, concerning the Required Average Daily Balance of Liquid Assets; Failure To Meet Requirement, §67.14, concerning the Approval of the Commissioner, and §67.17, concerning the User Safety at Unmanned Teller Machines in conjunction with the Commission’s review of Chapter 67.

  14. Discussion of and Possible Vote to Take Action on the Adoption of Repeal of 7 TAC §67.16 regarding Overdraft Protection in conjunction with the Commission’s review of Chapter 67.

  15. Discussion of and Possible Vote to Take Action on the Adoption of Amendment to 7 TAC §69.5, concerning the Publication, and §69.9, concerning the Designation as Supervisory Merger, in conjunction with the Commission’s review of Chapter 69.

  16. Discussion of and Possible Vote to Take Action on the Adoption of Amendment to 7 TAC §71.1 concerning the Introduction, §71.2 concerning the Definitions, §71.3 concerning the Acquisition of an Association, and §71.6 concerning the Application for Approval of the Acquisition of Control of a Savings and Loan Association in conjunction with the Commission’s review of Chapter 71.

  17. Discussion of and Possible Vote to Take Action on the Adoption of Amendment to 7 TAC §73.2 concerning the Application in conjunction with the Commission’s review of Chapter 73.

  18. Discussion of and Possible Vote to Take Action on the Adoption of Amendment to 7 TAC Subchapter A, §75.9, concerning the application for permission to organize a state savings bank, and to Subchapter B, §75.26, concerning expedited applications in conjunction with the Commission’s review of Chapter 75.

  19. Discussion of and Possible Vote to Take Action on the Adoption of Amendment to 7 TAC Subchapter B, §77.115, concerning user safety at unmanned teller machines in conjunction with the Commission’s review of Chapter 77.

  20. Discussion of and Possible Vote to Take Action on the Adoption of Repeal of 7 TAC §77.113 regarding Overdraft Protection in conjunction with the Commission’s review of Chapter 77.

  21. Discussion of and Possible Action Regarding Anticipated and Pending Litigation.


D. Office of Consumer Credit Commissioner

  1. Industry Status and Departmental Operations: a) Consumer Protection; b) Consumer Assistance; c) Licensing; d) Credit Education; e) Financial and Administration; f) Legal Activity; and g) Legislative Activity.

  2. Discussion of and Possible Vote to Take Action on the Adoption of Amendments to 7 TAC §87.102, Concerning Filing of New Application for Tax Refund Anticipation Loan Facilitators.

  3. Discussion of and Possible Vote to Take Action on the Adoption of the Completed Rule Review of 7 TAC, Part 5, Chapter 87, Concerning Tax Refund Anticipation Loans.

  4. Discussion of and Possible Vote to Take Action on the Publication for Comment of Amendments to 7 TAC §83.6007, Concerning Consumer Disclosures for Credit Access Businesses.

  5. Personnel Matters.

  6. Discussion of and Possible Action Regarding Anticipated and Pending Litigation.


Note:
The Finance Commission Committee may go into executive session (close its meeting to the public) on any agenda item if appropriate and authorized by the Open Meetings Act, Texas Government Code, Chapter 551.

Meeting Accessibility: Under the Americans with Disabilities Act, the Finance Commission of Texas will accommodate special needs. Those requesting auxiliary aids or services should notify Tammy King Wooten, Finance Commission of Texas, 2601 North Lamar Boulevard, Austin, Texas 78705, (512) 936-6222, as far in advance of the meeting as possible.