BILL ANALYSIS Senate Research Center H.B. 3536 By: Landgraf (Eltife) Business & Commerce 5/5/2015 Engrossed BILL ANALYSIS Senate Research Center H.B. 3536 By: Landgraf (Eltife) Business & Commerce 5/5/2015 Engrossed Senate Research Center H.B. 3536 By: Landgraf (Eltife) Business & Commerce 5/5/2015 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Chapters 12 and 13 of the Finance Code provide for the appointment of the banking commissioner and the savings and mortgage lending commissioner, respectively. The statutes that are proposed to be amended provide that the commissioners are appointed by at least five affirmative votes of the finance commission. These changes are needed to clarify that the commissioner appointments are made by a majority of finance commission members, because the number of members of the finance commission was increased to eleven by the 82nd Legislature. H.B. 3536 amends current law relating to the appointment of the commissioners of certain financial regulatory agencies by the Finance Commission of Texas. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 12.101(a), Finance Code, by removing the five affirmative votes requirement for the finance commission to appoint the banking commissioner. SECTION 2. Amends Section 13.002(a), Finance Code, by removing the five affirmative votes requirement for the finance commission to appoint the savings and mortgage lending commissioner. SECTION 3. (a) Provides that the change in law made by this Act to Section 12.101(a), Finance Code, applies only to the appointment of the banking commissioner on or after the effective date of this Act. Makes application of this Act prospective. (b) Provides that the change in law made by this Act to Section 13.002(a), Finance Code, applies only to the appointment of the savings and mortgage lending commissioner on or after the effective date of this Act. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 2015. AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Chapters 12 and 13 of the Finance Code provide for the appointment of the banking commissioner and the savings and mortgage lending commissioner, respectively. The statutes that are proposed to be amended provide that the commissioners are appointed by at least five affirmative votes of the finance commission. These changes are needed to clarify that the commissioner appointments are made by a majority of finance commission members, because the number of members of the finance commission was increased to eleven by the 82nd Legislature. H.B. 3536 amends current law relating to the appointment of the commissioners of certain financial regulatory agencies by the Finance Commission of Texas. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 12.101(a), Finance Code, by removing the five affirmative votes requirement for the finance commission to appoint the banking commissioner. SECTION 2. Amends Section 13.002(a), Finance Code, by removing the five affirmative votes requirement for the finance commission to appoint the savings and mortgage lending commissioner. SECTION 3. (a) Provides that the change in law made by this Act to Section 12.101(a), Finance Code, applies only to the appointment of the banking commissioner on or after the effective date of this Act. Makes application of this Act prospective. (b) Provides that the change in law made by this Act to Section 13.002(a), Finance Code, applies only to the appointment of the savings and mortgage lending commissioner on or after the effective date of this Act. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 2015.