Finance Commission Meeting - April 15, 2016

Meeting Materials

 
Packet

 
Minutes

 
Audio

 

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

Time:
8:30 a.m.

Section A.3 will take up the following agenda items with NO DISCUSSION as notated in bold and italicized A2, B3-4, C2-C6, and D7-D9

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. Introduction of new Finance Commission Members and Committee Assignments
  2. Review and Approval of the Minutes of the February 19, 2016, Finance Commission Meeting
  3. General Public Comment
  4. Consent Agenda
  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’ February 29, 2016 Investment Officer Reports
       
      1. Office of Consumer Credit Commissioner
      2. Texas Department of Banking
      3. Department of Savings and Mortgage Lending
    2. Discussion of and Possible Vote to Recommend that the Finance Commission Take Action on the Agencies’ 2016 Second Quarter Financial Statements
       
      1. Office of Consumer Credit Commissioner
      2. Texas Department of Banking
      3. Department of Savings and Mortgage Lending
    3. Report on Activities Relating to the Texas Financial Education Endowment Fund
  7. Discussion of and Possible Vote to Take Action on the Finance Commission Agency Heads’ Fiscal Year 2016 Mid-Term Accomplishment Reports
  8. Discussion of and Possible Vote to Accept the Report on the Financial Condition of the State Banking System (bound separately from the packet)
  9. 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
  10. 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
  11. 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. 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 Amendments, New Rules, and Repeals to 7 TAC, Chapter 84, Concerning Motor Vehicle Installment Sales, Resulting from Rule Review
  3. Discussion of and Possible Vote to Take Action on the Adoption of the Completed Rule Review of 7 TAC, Part 1, Chapter 1, Concerning Consumer Credit Regulation
  4. Discussion of and Possible Vote to Take Action on the Adoption of the Completed Rule Review of 7 TAC, Part 5, Chapter 82, Concerning Administration
  5. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment on Amendments to 7 TAC, Part 1, §1.201, Concerning Interpretations and Advisory Letters, Resulting from Rule Review
  6. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment on Amendments to 7 TAC, Part 5, Chapter 82, Concerning Administration, Resulting from Rule Review
  7. 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. Leslie L. Pettijohn, in her official capacity as Commissioner of the Office of Consumer Credit Commissioner of the State of Texas; Cause No. 15-50168, in the United States Court of Appeals for the Fifth Circuit

C. Texas Department of Banking

  1. 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 Adoption of Amendment to 7 TAC, §15.42 Concerning Establishment and Closing of a Branch Office
  3. Discussion of and Possible Vote to Take Action on the Adoption of Amendments to 7 TAC, §15.2 and §15.3 Concerning Filing and Investigation Fees and Expedited Filings, Respectively
  4. Discussion of and Possible Vote to Take Action on the Adoption of Repeal of 7 TAC, §19.1 and §19.21 Concerning Trust Company Grandfathered Loans and Grandfathered Investments, Respectively
  5. Discussion of and Possible Vote to Take Action on the Adoption of Amendment to 7 TAC, §21.24 Concerning Exemptions for Family Trust Companies
  6. Discussion of and Possible Vote to Take Action on the Adoption of New 7 TAC, §21.43 Concerning Representative Trust Offices of Federally Chartered or Federally Insured Out-Of-State Banks and §21.44 Concerning Representative Trust Offices of Out-Of –State Trust Companies and Uninsured Banks
  7. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of Amendments to 7 TAC, §24.1 Concerning Registration of Cemetery Brokers
  8. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of New 7 TAC, §24.4 Concerning Appeal of Delay in Registration Processing Times of Cemetery Brokers
  9. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of Amendments to 7 TAC, §31.18 Concerning When a Child Support Enforcement Application or Notice is Abandoned
  10. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of Amendment to 7 TAC, §31.19 Concerning When and How a Private Child Support Enforcement Agency’s Certificate of Registration Will be Issued and Mailed
  11. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of New 7 TAC, §31.20 Concerning What Remedy is Available if the Department Does Not Comply with the Private Child Support Enforcement Registration Processing Times
  12. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of  New 7 TAC, §35.18 Concerning How Long the Department Will Take to Process Registration of Check Verification Entities, and  §35.19 Concerning What Remedy is Available If the Department Does Not Comply with the Registration Processing Times of Check Verification Entities
  13. Discussion of and Possible Vote to Take Action on Anticipated and Pending Litigation
     

    Antioch St. Johns Cemetery Co. v. The Texas Department of Banking Commissioner, Cause No. 03-15-00341-CV, In the Third Court of Appeals, Austin, Texas.

    State of Texas v. Myrtlewood Memorial Services, Inc.  d/b/a Harlingen-Combes Memorial Cemetery, Cause No.D-1-GN-16-000565, 353rd District Court, Travis County, Texas.

D. 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 Complaint; d) Legal; and e) Other Items
  3. Fiscal/Operations Activity: a) Funding Status/Audits/Financial Reporting; b) Staffing; c) Other Items; and d) Legislative Activity
  4. Discussion of and Possible Vote to Take Action on Anticipated and Pending Litigation
    Catherine Sims vs. Texas Department of Savings and Mortgage Lending, Cause No. D-1-GN-16-001194, 201st District Court, Travis County, Texas
  5. Discussion of and Possible Vote to Take Action on the Adoption of Amendments to 7 TAC, Chapters 51, 53, 57, 59, 61, 63-65, 67, 69, 71, and 73 Concerning Savings and Loan Associations, Resulting from Rule Review
  6. Discussion of and Possible Vote to Take Action on the Adoption of Amendments to 7 TAC, Chapters 75-77 Concerning Savings Banks, Resulting from Rule Review
  7. Discussion of and Possible Vote to Take Action on the Completed Rule Review of 7 TAC, Chapter 79, Concerning Residential Mortgage Loan Servicers
  8. Discussion of and Possible Vote to Take Action on the Completed Rule Review of 7 TAC Chapter 80, Concerning Texas Residential Mortgage Loan Companies
  9. Discussion of and Possible Vote to Take Action on the Completed Rule Review of 7 TAC   Chapter 81, Concerning Mortgage Bankers and Residential Mortgage Loan Originators
  10. Discussion of and Possible Vote to Take Action on Proposal and Publication for Comment of Amendments to 7 TAC §79.1, Concerning Definitions, and §79.2, Concerning Required Disclosure
  11. Discussion of and Possible Vote to Take Action on Proposal and Publication for Comment of Amendments to 7 TAC §80.2, Concerning Definitions, §80.204, Concerning Books and Records, and §80.205, Concerning Mortgage Call Reports
  12. Discussion of and Possible Vote to Take Action on Proposal and Publication for Comment of Amendments to 7 TAC §81.2, Concerning Definitions, §81.204, Concerning Books and Records, and §81.205, Concerning Mortgage Call Reports

 

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.