Texas 2021 - 87th Regular

Texas House Bill HB1840 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R2774 MLH-D
2		-	By: Lambert, Canales, Paddie, Goldman, H.B. No. 1840
3		-	Cyrier
	2	+	By: Lambert H.B. No. 1840
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to the continuation and functions of the Credit Union
9	8		Department and the Credit Union Commission.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Subchapter B, Chapter 15, Finance Code, is
12	11		amended by adding Section 15.104 to read as follows:
13	12		Sec. 15.104. NOTIFICATION AND GUIDANCE ON ADOPTION OF
14	13		CERTAIN FEDERAL LAWS OR REGULATIONS. The department shall promptly
15	14		notify and issue guidance to all credit unions chartered in this
16	15		state on the adoption of a federal law or regulation that:
17	16		(1) affects a power or authority conferred to credit
18	17		unions under Section 123.003(a);
19	18		(2) takes effect immediately; and
20	19		(3) conflicts with state law.
21	20		SECTION 2. Section 15.2041, Finance Code, is amended by
22	21		amending Subsection (b) and adding Subsection (d) to read as
23	22		follows:
24	23		(b) The training program must provide the person with
25	24		information regarding:
26	25		(1) the law governing department operations
27	26		[legislation that created the department];
28	27		(2) the programs, functions, rules, and budget of the
29	28		department;
30	29		(3) the scope of and limitations on the rulemaking
31	30		authority of the commission;
32	31		(4) the results of the most recent formal audit of the
33	32		department;
34	33		(5) [(4)] the requirements of:
35	34		(A) laws relating to open meetings, public
36	35		information, administrative procedure, and disclosing conflicts of
37	36		interest; and
38	37		(B) other laws applicable to members of a state
39	38		policy-making body in performing their duties; and
40	39		(6) [(5)] any applicable ethics policies adopted by
41	40		the department or the Texas Ethics Commission[; and
42	41		[(6) the basic principles and responsibilities of
43	42		credit union management].
44	43		(d) The commissioner shall create a training manual that
45	44		includes the information required by Subsection (b). The
46	45		commissioner shall distribute a copy of the training manual
47	46		annually to each commission member. Each commission member shall
48	47		sign and submit to the commissioner a statement acknowledging that
49	48		the commission member received and has reviewed the training
50	49		manual.
51	50		SECTION 3. Section 15.212, Finance Code, is amended to read
52	51		as follows:
53	52		Sec. 15.212. SUNSET PROVISION. The Credit Union Department
54	53		and the Credit Union Commission are subject to Chapter 325,
55	54		Government Code (Texas Sunset Act). Unless continued in existence
56	55		as provided by that chapter, the department and commission are
57	56		abolished September 1, 2033 [2021].
58	57		SECTION 4. Sections 15.409(b), (c), and (d), Finance Code,
59	58		are redesignated as Section 15.408, Finance Code, and amended to
60	59		read as follows:
61	60		Sec. 15.408. CONSUMER COMPLAINTS. (a) [(b)] The
62	61		department shall maintain a system to promptly and efficiently act
63	62		on complaints filed with the department. The department shall
64	63		maintain information about parties to the complaint, the subject
65	64		matter of the complaint, a summary of the results of the review or
66	65		investigation of the complaint, and its disposition.
67	66		(b) [(c)] The department shall make information available
68	67		describing its procedures for complaint investigation and
69	68		resolution.
70	69		(c) [(d)] The department shall periodically notify the
71	70		complaint parties [person filing the complaint and each person who
72	71		is the subject of the complaint] of the status of the complaint
73	72		until final disposition unless the notice would jeopardize an
74	73		investigation.
75	74		SECTION 5. Subchapter E, Chapter 15, Finance Code, is
76	75		amended by adding Section 15.4081 to read as follows:
77	76		Sec. 15.4081. COMPLAINT TRACKING; ANNUAL STATISTICAL
78	77		ANALYSIS. (a) To help identify and address regulatory issues and
79	78		constraints, the department shall track all phases of the complaint
80	79		and enforcement processes, including the receipt, investigation,
81	80		and disposition of complaints. The department shall maintain the
82	81		following information for each complaint:
83	82		(1) the basis for the complaint;
84	83		(2) the origin of the complaint, including whether the
85	84		complaint was issued from:
86	85		(A) another regulatory agency;
87	86		(B) a credit union member;
88	87		(C) a credit union employee;
89	88		(D) a member of the public; or
90	89		(E) a public or private entity;
91	90		(3) the number of days taken to resolve the complaint
92	91		from the date the complaint was received; and
93	92		(4) the disposition of the complaint, including:
94	93		(A) if no disciplinary action was taken, the
95	94		reasons no disciplinary action was taken;
96	95		(B) if disciplinary action was taken, the type of
97	96		disciplinary action taken, including the amount of any
98	97		administrative penalty or late fee;
99	98		(C) if dismissed or referred to another agency,
100	99		the details regarding dismissal or referral; and
101	100		(D) if ongoing, the current status of the
102	101		complaint.
103	102		(b) The department shall annually compile a statistical
104	103		analysis of the department's complaint and enforcement processes
105	104		for the preceding fiscal year. The analysis must include:
106	105		(1) the total number of complaints filed with the
107	106		department against credit unions;
108	107		(2) the number of open investigations at the end of the
109	108		fiscal year;
110	109		(3) the number of complaints that were resolved,
111	110		disaggregated by:
112	111		(A) the source of the complaint;
113	112		(B) the type of alleged violation;
114	113		(C) jurisdictional and non-jurisdictional
115	114		complaints;
116	115		(D) regulatory and nonregulatory complaints; and
117	116		(E) the disposition and type of action taken,
118	117		including any administrative penalty or late fee assessed; and
119	118		(4) the average number of days taken to resolve a
120	119		complaint, including complaints that were resolved through an
121	120		examination of a credit union.
122	121		SECTION 6. The heading to Section 15.409, Finance Code, is
123	122		amended to read as follows:
124	123		Sec. 15.409. CONSUMER INFORMATION [AND COMPLAINTS].
125	124		SECTION 7. Section 122.001(d), Finance Code, is repealed.
126	125		SECTION 8. The repeal of Section 122.001(d), Finance Code,
127	126		by this Act applies only to articles of incorporation filed on or
128	127		after the effective date of this Act. Articles of incorporation
129	128		filed before the effective date of this Act are governed by the law
130	129		in effect on the date the articles were filed, and the former law is
131	130		continued in effect for that purpose.
132	131		SECTION 9. (a) Except as provided by Subsection (b) of this
133	132		section, Section 15.2041, Finance Code, as amended by this Act,
134	133		applies to a member of the Credit Union Commission appointed
135	134		before, on, or after the effective date of this Act.
136	135		(b) A member of the Credit Union Commission who, before the
137	136		effective date of this Act, completed the training program required
138	137		by Section 15.2041, Finance Code, as that law existed before the
139	138		effective date of this Act, is only required to complete additional
140	139		training on the subjects added by this Act to the training program
141	140		required by Section 15.2041, Finance Code. A commission member
142	141		described by this subsection may not vote, deliberate, or be
143	142		counted as a member in attendance at a meeting of the commission
144	143		held on or after December 1, 2021, until the member completes the
145	144		additional training.
146	145		SECTION 10. This Act takes effect September 1, 2021.