1 | 1 | | 83R1156 BPG-D |
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2 | 2 | | By: Flynn, Keffer, Taylor, Creighton, H.C.R. No. 26 |
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3 | 3 | | Bonnen of Brazoria, et al. |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | CONCURRENT RESOLUTION |
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7 | 7 | | WHEREAS, The banking and insurance industries are essential |
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8 | 8 | | to the continued growth and well-being of Texas, serving as |
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9 | 9 | | important hubs of economic activity for communities throughout the |
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10 | 10 | | state; the Dodd-Frank Wall Street Reform and Consumer Protection |
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11 | 11 | | Act not only poses a major threat to these businesses, but will |
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12 | 12 | | serve as a destructive influence on the entire state; and |
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13 | 13 | | WHEREAS, The Dodd-Frank Act, which was passed by the United |
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14 | 14 | | States Congress on July 21, 2010, consists of 2,300 pages of new |
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15 | 15 | | statutory language and increases the size of the federal government |
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16 | 16 | | by creating 13 new regulatory agencies; supporters of the |
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17 | 17 | | legislation claim that it will equip federal regulators with powers |
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18 | 18 | | to prevent another financial debacle like the country experienced |
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19 | 19 | | from 2007 through 2009, but in reality, the bill sets up a |
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20 | 20 | | regulatory regime that allows "Too Big to Fail" banks and Wall |
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21 | 21 | | Street to continue to avoid adequate scrutiny while it punishes |
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22 | 22 | | traditional Texas banks that had nothing to do with the recent |
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23 | 23 | | crisis; and |
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24 | 24 | | WHEREAS, Established to regulate all consumer financial |
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25 | 25 | | services in the United States, the new Consumer Financial |
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26 | 26 | | Protection Bureau will receive hundreds of millions of dollars in |
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27 | 27 | | annual funding from the Federal Reserve System and is not subject to |
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28 | 28 | | congressional oversight through the appropriations process; it has |
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29 | 29 | | been granted the power to decide what types of financial products |
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30 | 30 | | can and cannot be offered, as well as the power to set prices for |
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31 | 31 | | consumer loans, mortgages, and small business loans; and |
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32 | 32 | | WHEREAS, If this new agency becomes what its advocates have |
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33 | 33 | | envisioned, it will be at least as large as the Internal Revenue |
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34 | 34 | | Service; Texas banks will have fewer and more expensive products to |
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35 | 35 | | offer to their customers, and the credit needs of rural and urban |
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36 | 36 | | Texans will be determined by an agency in Washington; and |
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37 | 37 | | WHEREAS, The Consumer Financial Protection Bureau will also |
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38 | 38 | | greatly increase compliance costs for Texas community banks; |
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39 | 39 | | smaller banks will see their compliance and employee costs increase |
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40 | 40 | | by tens of thousands of dollars on an annual basis, resulting in |
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41 | 41 | | millions of dollars in loans lost to area communities; furthermore, |
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42 | 42 | | these new costs will drive down profitability and lead to the |
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43 | 43 | | consolidation of the banking industry; fewer banks mean less credit |
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44 | 44 | | and fewer choices for borrowers across the state; and |
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45 | 45 | | WHEREAS, Even before the effective date of the Dodd-Frank |
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46 | 46 | | Act, federal bank regulators began examining banks and imposing |
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47 | 47 | | sanctions that have harmed credit availability all over Texas; in |
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48 | 48 | | the name of consumer protection and fair lending, the federal |
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49 | 49 | | agencies have curtailed services, such as overdraft protection, |
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50 | 50 | | that are wanted by Texas bank customers; the limitation on bank |
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51 | 51 | | service fees will increase costs for all consumer services and lead |
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52 | 52 | | to the end of offerings such as free checking; during fair lending |
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53 | 53 | | examinations, banks are being told that discrepancies of a few |
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54 | 54 | | cents in the charging of interest rates can lead to referrals to the |
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55 | 55 | | U.S. Department of Justice; this has led to a chilling effect and a |
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56 | 56 | | reluctance by community banks to make small consumer and business |
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57 | 57 | | loans; and |
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58 | 58 | | WHEREAS, Another example of federal intervention in the |
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59 | 59 | | pricing of financial products is the rate caps placed on |
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60 | 60 | | interchange fees for debit cards; the Dodd-Frank Act takes the |
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61 | 61 | | pricing of these services from the marketplace and places it in the |
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62 | 62 | | hands of the Federal Reserve; severe restrictions on interchange |
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63 | 63 | | fees could leave banks and credit unions unable to cover the full |
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64 | 64 | | costs associated with providing checking accounts and debit cards |
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65 | 65 | | and force them to cease offering some debit and checking products |
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66 | 66 | | and to increase fees on those they continue to provide; lower income |
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67 | 67 | | Texans who have obtained greater access to affordable retail |
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68 | 68 | | banking, partly because of interchange fees, would have less access |
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69 | 69 | | to traditional institutions and be forced to go back to the less |
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70 | 70 | | regulated "shadow" banking system with its increased costs; now, |
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71 | 71 | | therefore, be it |
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72 | 72 | | RESOLVED, That the 83rd Legislature of the State of Texas |
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73 | 73 | | hereby respectfully urge the Congress of the United States to |
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74 | 74 | | repeal the Dodd-Frank Wall Street Reform and Consumer Protection |
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75 | 75 | | Act; and, be it further |
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76 | 76 | | RESOLVED, That the Texas secretary of state forward official |
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77 | 77 | | copies of this resolution to the president of the United States, to |
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78 | 78 | | the president of the Senate and the speaker of the House of |
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79 | 79 | | Representatives of the United States Congress, and to all the |
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80 | 80 | | members of the Texas delegation to Congress with the request that |
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81 | 81 | | this resolution be entered in the Congressional Record as a |
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82 | 82 | | memorial to the Congress of the United States of America. |
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