Bill Text: TX SB707 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the continuation and functions of the Credit Union Department and the Credit Union Commission.
Spectrum: Moderate Partisan Bill (Republican 7-2)
Status: (Passed) 2021-06-04 - Effective on 9/1/21 [SB707 Detail]
Download: Texas-2021-SB707-Enrolled.html
S.B. No. 707 |
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relating to the continuation and functions of the Credit Union | ||
Department and the Credit Union Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 15, Finance Code, is | ||
amended by adding Section 15.104 to read as follows: | ||
Sec. 15.104. NOTIFICATION AND GUIDANCE ON ADOPTION OF | ||
CERTAIN FEDERAL LAWS OR REGULATIONS. The department shall promptly | ||
notify and issue guidance to all credit unions chartered in this | ||
state on the adoption of a federal law or regulation that: | ||
(1) affects a power or authority conferred to credit | ||
unions under Section 123.003(a); | ||
(2) takes effect immediately; and | ||
(3) conflicts with state law. | ||
SECTION 2. Section 15.2041, Finance Code, is amended by | ||
amending Subsection (b) and adding Subsection (d) to read as | ||
follows: | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the law governing department operations | ||
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(2) the programs, functions, rules, and budget of the | ||
department; | ||
(3) the scope of and limitations on the rulemaking | ||
authority of the commission; | ||
(4) the results of the most recent formal audit of the | ||
department; | ||
(5) [ |
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(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosing conflicts of | ||
interest; and | ||
(B) other laws applicable to members of a state | ||
policy-making body in performing their duties; and | ||
(6) [ |
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the department or the Texas Ethics Commission[ |
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(d) The commissioner shall create a training manual that | ||
includes the information required by Subsection (b). The | ||
commissioner shall distribute a copy of the training manual | ||
annually to each commission member. Each commission member shall | ||
sign and submit to the commissioner a statement acknowledging that | ||
the commission member received and has reviewed the training | ||
manual. | ||
SECTION 3. Section 15.212, Finance Code, is amended to read | ||
as follows: | ||
Sec. 15.212. SUNSET PROVISION. The Credit Union Department | ||
and the Credit Union Commission are subject to Chapter 325, | ||
Government Code (Texas Sunset Act). Unless continued in existence | ||
as provided by that chapter, the department and commission are | ||
abolished September 1, 2033 [ |
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SECTION 4. Sections 15.409(b), (c), and (d), Finance Code, | ||
are redesignated as Section 15.408, Finance Code, and amended to | ||
read as follows: | ||
Sec. 15.408. CONSUMER COMPLAINTS. (a) [ |
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department shall maintain a system to promptly and efficiently act | ||
on complaints filed with the department. The department shall | ||
maintain information about parties to the complaint, the subject | ||
matter of the complaint, a summary of the results of the review or | ||
investigation of the complaint, and its disposition. | ||
(b) [ |
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describing its procedures for complaint investigation and | ||
resolution. | ||
(c) [ |
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complaint parties [ |
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until final disposition unless the notice would jeopardize an | ||
investigation. | ||
SECTION 5. Subchapter E, Chapter 15, Finance Code, is | ||
amended by adding Section 15.4081 to read as follows: | ||
Sec. 15.4081. COMPLAINT TRACKING; ANNUAL STATISTICAL | ||
ANALYSIS. (a) To help identify and address regulatory issues and | ||
constraints, the department shall track all phases of the complaint | ||
and enforcement processes, including the receipt, investigation, | ||
and disposition of complaints. The department shall maintain the | ||
following information for each complaint: | ||
(1) the basis for the complaint; | ||
(2) the origin of the complaint, including whether the | ||
complaint was issued from: | ||
(A) another regulatory agency; | ||
(B) a credit union member; | ||
(C) a credit union employee; | ||
(D) a member of the public; or | ||
(E) a public or private entity; | ||
(3) the number of days taken to resolve the complaint | ||
from the date the complaint was received; and | ||
(4) the disposition of the complaint, including: | ||
(A) if no disciplinary action was taken, the | ||
reasons no disciplinary action was taken; | ||
(B) if disciplinary action was taken, the type of | ||
disciplinary action taken, including the amount of any | ||
administrative penalty or late fee; | ||
(C) if dismissed or referred to another agency, | ||
the details regarding dismissal or referral; and | ||
(D) if ongoing, the current status of the | ||
complaint. | ||
(b) The department shall annually compile a statistical | ||
analysis of the department's complaint and enforcement processes | ||
for the preceding fiscal year. The analysis must include: | ||
(1) the total number of complaints filed with the | ||
department against credit unions; | ||
(2) the number of open investigations at the end of the | ||
fiscal year; | ||
(3) the number of complaints that were resolved, | ||
disaggregated by: | ||
(A) the source of the complaint; | ||
(B) the type of alleged violation; | ||
(C) jurisdictional and non-jurisdictional | ||
complaints; | ||
(D) regulatory and nonregulatory complaints; and | ||
(E) the disposition and type of action taken, | ||
including any administrative penalty or late fee assessed; and | ||
(4) the average number of days taken to resolve a | ||
complaint, including complaints that were resolved through an | ||
examination of a credit union. | ||
SECTION 6. The heading to Section 15.409, Finance Code, is | ||
amended to read as follows: | ||
Sec. 15.409. CONSUMER INFORMATION [ |
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SECTION 7. Section 122.001(d), Finance Code, is repealed. | ||
SECTION 8. The repeal of Section 122.001(d), Finance Code, | ||
by this Act applies only to articles of incorporation filed on or | ||
after the effective date of this Act. Articles of incorporation | ||
filed before the effective date of this Act are governed by the law | ||
in effect on the date the articles were filed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 9. (a) Except as provided by Subsection (b) of this | ||
section, Section 15.2041, Finance Code, as amended by this Act, | ||
applies to a member of the Credit Union Commission appointed | ||
before, on, or after the effective date of this Act. | ||
(b) A member of the Credit Union Commission who, before the | ||
effective date of this Act, completed the training program required | ||
by Section 15.2041, Finance Code, as that law existed before the | ||
effective date of this Act, is only required to complete additional | ||
training on the subjects added by this Act to the training program | ||
required by Section 15.2041, Finance Code. A commission member | ||
described by this subsection may not vote, deliberate, or be | ||
counted as a member in attendance at a meeting of the commission | ||
held on or after December 1, 2021, until the member completes the | ||
additional training. | ||
SECTION 10. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 707 passed the Senate on | ||
April 19, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 707 passed the House on | ||
May 19, 2021, by the following vote: Yeas 136, Nays 9, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |