Finance Commission Meeting - December 13, 2019

 
Packet
 
 
Audio
 
 
Minutes

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

Time:
8:30 a.m. or Upon Adjournment of the Audit Committee

Section A.3 will take up agenda items A1, C6 – C8 and D5 with NO DISCUSSION as notated in bold and italicized

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 October 18, 2019 Finance Commission Meeting
     
  2. General Public Comment
     
  3. Consent Agenda
     
  4. Finance Commission Operations
     
  5. Audit Committee Report
     
    1. Discussion and Possible Vote to Recommend that the Finance Commission Take Action on the Selection of an Internal Auditor for the Finance Commission Agencies for Fiscal Year 2020
       
  6. Discussion of and Possible Vote to Take Action on the Adoption of New Rules and Amendments in 7 TAC, Chapter 5, Concerning Administration of Finance Agencies, and a New Rule, Amendments, and Repeals in 7 TAC, Chapter 9 Concerning Rules of Procedure for Contested Case Hearings, Appeals, and Rulemakings
     
  7. Discussion of and Possible Vote to Take Action on the Re-Adoption after Rule Review of 7 TAC, Chapter 155, Payoff Statements
     
  8. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of Amendments to the Payoff Statement Form found at 7 TAC, Chapter 155 Payoff Statements, §155.2(c)(6)
     
  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
     
  12. Discussion of and Consultation on Security Audit, Possible Issue Related to Confidential or Sensitive Information, Security Breach Audit and Assessment, or Security Assessments or Deployment Related to Information Resources Technology as Authorized by Tex. Govt. Code Secs. 551.076 and 551.089
     

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 Request for an Attorney General Opinion RQ-0300-KP, Regarding the Authority of a Credit Services Organization Under Chapter 393 of the Texas Finance Code
     
  3. Discussion of and Possible Vote to Take Action on Anticipated and Pending Litigation
     

    Ernest Polk v. Texas Office of Consumer Credit Commissioner; Cause No. 2018-04375, in the 281st Judicial District Court of Harris County, Texas

    State of Texas v. Cash Auto Sales, Inc. f/k/a Larry Lake d/b/a Cash Auto Sales and VIP Finance of Texas, Inc. f/k/a Travis Lake d/b/a VIP Finance; Cause No. 05-18-00198-CV, in the Court of Appeals for the Fifth Judicial District, Dallas, Texas
     

C. Texas Department of Banking

  1. Industry Status and Departmental Operations: a) Current Issues Affecting Department’s Regulated Entities; b) Bank and Trust Division Activities; c) Corporate Division Activities; d) Non-Depository Supervision Activities; e) Administrative, Staffing and Fiscal Division Activities; f) Strategic Support Division Activities including Consumer Complaint Data; g) Legal Division Activities including Enforcement Activity and Gift Reporting; and h) Legislative Activities
     
  2. Discussion of and Possible Vote to Take Action on the Reappointment of Rebecca Ann Motley as the Consumer Representative and the Reappointment of Amy Biggs as the Insurance Industry Representative to the Guaranty Fund Advisory Council for the Period January 1, 2020 to December 31, 2021
     
  3. Discussion of and Possible Vote to Take Action on the Adoption of New 7 TAC §3.24 Concerning Notice of Cybersecurity Incident (State Banks)
     
  4. Discussion of and Possible Vote to Take Action on the Adoption of New 7 TAC §17.5 Concerning Notice of Cybersecurity Incident (State Trust Companies)
     
  5. Discussion of and Possible Vote to Take Action on the Adoption of New 7 TAC §33.30 Concerning Notice of Cybersecurity Incident (Money Services Businesses)
     
  6. Discussion of and Possible Vote to Take Action on the Adoption of Amendment to 7 TAC §6.1 Concerning Banking Development Districts
     
  7. Discussion of and Possible Vote to Take Action on the Adoption of Amendments to 7 TAC §§15.1, 15.2, 15.7, 15.23, 15.41, 15.42, 15.81, 15.103 - 15.106, 15.108, 15.111, 15.115, 15.122 Concerning Corporate Activities
     
  8. Discussion of and Possible Vote to Take Action on the Adoption of Amendments to 7 TAC §§21.2, 21.6, 21.7, 21.42, 21.43, 21.61, 21.74 Concerning Trust Company Corporate Activities
     
  9. Discussion of and Possible Vote to Take Action on the Proposal and Publication for Comment of New 7 TAC §33.54 Concerning Exemption for Registered Securities Dealers and Agents
     
  10. Discussion of and Possible Vote to Take Action on Anticipated and Pending Litigation

    E. Mex. Financial Services, Inc. v. Charles G. Cooper, Texas Banking Commissioner; Cause No. D-1-GN-19-003237, in the 200th District Court of Travis County, Texas
     

D. Department of Savings and Mortgage Lending

  1. Industry Status and Departmental Operations – State Savings Bank Activity: a) Industry Status; and b) State Savings Bank Charter and Application Activity
     
  2. Industry Status and Departmental Operations – Mortgage Lending Activity: a) Residential Mortgage Loan Originators; b) Mortgage Examination; and c) Consumer Complaints
     
  3. Fiscal and Departmental Operations: a) Funding Status/Audits/Financial Reporting; and b) Staffing
     
  4. Legal Activity: a) Enforcement; b) Gift Reporting; and c) Legislative Activities
     
  5. Discussion of and Possible Vote to Take Action on the Adoption of 7 TAC, Chapter 52, New Subchapter B Hearings and Appeals, and New Subchapter C Advisory Committees
     
  6. Discussion of and Possible Vote to Take Action on Anticipated and Pending Litigation
     

Note: The Finance Commission 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 the Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, (512) 936-6222, as far in advance of the meeting as possible.