AGENDA

Finance Commission of Texas

Friday, October 20, 2017

8:30 a.m. or upon adjournment of the Audit Committee (whichever is later)

Finance Commission Building
William F. Aldridge Hearing Room, 2601 N. Lamar Blvd.
Austin, Texas 78705

Section A.3 will take up the following agenda items with NO DISCUSSION as notated in bold and italicized A1 and D2

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 August 18, 2017 Finance Commission Meeting
  2. General Public Comment
  3. Consent Agenda
  4. Presentation by the Sunset Advisory Commission
  5. Finance Commission Operations
  6. Audit Committee Report
    1. Discussion of and Possible Vote to Recommend that the Finance Commission Take Action on the Agencies’ August 31, 2017 Investment Officer Reports

      1. Texas Department of Banking
      2. Department of Savings and Mortgage Lending
      3. Office of Consumer Credit Commissioner
    2. Discussion of and Possible Vote to Recommend that the Finance Commission Take  Action on the Agencies’ 2017 Fourth Quarter Financial Statements

      1. Texas Department of Banking
      2. Department of Savings and Mortgage Lending
      3. Office of Consumer Credit Commissioner
    3. Discussion of and Possible Vote to Recommend that the Finance Commission Take Action on the Readoption of the Investment Policies for:

      1. Department of Savings and Mortgage Lending
      2. Office of Consumer Credit Commissioner
    4. Discussion of and Possible Vote to Recommend that the Finance Commission Take Action on the Amount of Funds the Department of Savings and Mortgage Lending will Contribute to the Texas Financial Education Endowment Fund
    5. Discussion of and Possible Vote to Award Final Selection of Organizations, to Receive Grant Funds in an Aggregate Amount Not to Exceed $250,000 From the Texas Financial Education Endowment Fund
  7. Discussion of and Possible Vote to Accept the Report on the Financial Condition of the State Banking System (Note: Report provided separately)
  8. Discussion of and Possible Vote to Take Action on the Accomplishment Reports for Fiscal Year 2017 for the Commissioners of the Texas Department of Banking, Department of Savings and Mortgage Lending, and the Office of Consumer Credit Commissioner
  9. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of Amendments, a New Section, and a Repeal in 7 TAC, Part 8, Chapter 153, Concerning Home Equity Lending
  10. Discussion of and Possible Vote to Take Action Regarding Personnel Matters Pursuant to   §551.074, Texas Government Code: Deliberations with Respect to the Duties and Compensation of a Person Holding the Position of Executive Director of the Finance Commission, Deliberations with Respect to the Duties and Compensation of Persons Holding the Position of Agency Commissioner Positions, and Other Staff
  11. Discussion of and Possible Vote to Take Action Regarding Facility Planning and Real Property Matters Pursuant to §551.072, Texas Government Code: Deliberations Regarding the Purchase, Exchange, Lease or Value of Real Property

  12. Discussion and Consultation with Attorney and Possible Vote to Take Action Pursuant to §551.071, Texas Government Code, for the purpose of seeking the advice or attorney-client privileged communications from our attorneys, including matters related to the potential financial exposure of the Finance Commission Agencies and their officers and the Finance Commission and its officers and including matters of pending and contemplated litigation

B. Texas 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) Administrative and Fiscal Division Activities; f) Strategic Support Division Activities; g) Legal Division Activities; h) Legislative Activities; and i) General Items of Interest
  2. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of Amendments to 7 TAC, Part 2, §15.81 Concerning Application for Acquisition or Change of Control of State Bank
  3. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of Amendments to 7 TAC, §33.27 Concerning Fees for Money Service Business Licenses
  4. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of Amendments to 7 TAC, §§33.3, 33.13, 33.15, 33.27, 33.51 and New §§33.71 – 33.75 Concerning Bullion Depository Agents

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) Other Items
  2. Industry Status and Departmental Operations – Mortgage Lending Activity: a) Residential Mortgage Loan Originators; b) Mortgage Examination; c) Consumer Complaints; and d) Other Items
  3. Fiscal/Operations Activity: a) Funding Status/Audits/Financial Reporting; b) Staffing; and c) Other Items
  4. Legal Activity: a) Enforcement; b) Gift Reporting; and c) Legislative Activities
  5. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of Amendments to 7 TAC, §80.2, Concerning Definitions, and New Rule §80.206, Concerning Physical Offices
  6. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of Amendments to 7 TAC, §80.200, Concerning Required Disclosures  
  7. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of Amendments to 7 TAC, §81.2, Concerning Definitions, and New Rule §81.206, Concerning Physical Offices
  8. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of New Rule in 7 TAC, §81.109, Concerning Pre-licensing Education
  9. Discussion of and Possible Vote to Take Action on Anticipated and Pending Litigation

D. Office of Consumer Credit Commissioner

  1. Industry Status and Departmental Operations: a) Consumer Protection and Assistance Division Activities; b) Licensing Division Activities; c) Administration Division Activities; d) Financial Division Activities; e) Legal Division Activities; and f) Legislative Activities
  2. Discussion of and Possible Vote to Take Action on the Adoption of the Repeal of 7 TAC, Part 1, Chapter 4, Concerning Credit Card Surcharge Appeal Procedures
  3. Discussion of and Possible Vote to Take Action on the Adoption of Amendments, New Rules, and Repeals in 7 TAC, Part 5, Chapter 89, Concerning Property Tax Lenders, Resulting from Rule Review
  4. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of New §2.107 in 7 TAC, Part 1, Chapter 2, Concerning Residential Mortgage Loan Originators Applying for Licensure with the OCCC Under the SAFE Act
  5. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of Amendments to 7 TAC, Part 5, §83.503 & §90.203 Concerning Regulated Lenders & Plain Language Contract Provisions   
  6. Discussion of and Possible Vote to Take Action on Anticipated and Pending Litigation

    Lynn Rowell d/b/a Beaumont Greenery, MPC Data and Communications, Inc., Micah Cooksey, NXT Properties, Inc., Mark Harken, Montgomery Chandler, Inc., Paula Cook, Townsley Designs, LLC, and Shonda Townsley v. Ken Paxton, in his official capacity as Attorney General of the State of Texas; Cause No. 1:14-cv-00190-LY, in the United States District Court, Western District of Texas, Austin Division

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 will accommodate special needs. Those requesting auxiliary aids or services should notify Brenda Medina, Texas Finance Commission, 2601 North Lamar Boulevard, Austin, Texas 78705, (512) 936-6222, as far in advance of the meeting as possible.