Texas 2023 - 88th Regular

Texas Senate Bill SB1644

Filed
3/6/23  
Out of Senate Committee
4/17/23  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the regulation of state banks.

Impact

If enacted, SB1644 would significantly influence how state banks operate by tightening regulations related to their business activities and structure. The amendments provide clearer guidelines on the permissible scope of operations for state banks, particularly in their relations with financial subsidiaries. Consequently, this could reshape the regulatory landscape for state banks, impacting their business strategies and compliance obligations. The legislation also emphasizes the protection of vulnerable adults by ensuring that financial institutions can be held accountable for financial exploitation through mandated reporting to law enforcement and the banking commissioner.

Summary

SB1644 focuses on the regulation of state banks, amending several sections within the Finance Code to clarify existing statutes and enhance regulatory oversight. One of the key provisions involves the restrictions on state banks establishing subsidiaries that engage in activities they are prohibited from undertaking directly. The legislation seeks accommodations from the Federal Deposit Insurance Corporation when state banks wish to invest in certain subsidiaries, thereby reinforcing compliance with both state and federal banking regulations. Additionally, the bill expands the authority of the banking commissioner to issue cease and desist orders to bank officers and employees under specific circumstances, such as violations of fiduciary duties or engaging in unsafe business practices.

Sentiment

Overall, the sentiment regarding SB1644 appears to be supportive among stakeholders who prioritize strict regulatory standards for financial entities. Proponents argue that the bill fortifies financial stability and consumer protection, particularly for vulnerable populations. This reflects a broader objective to ensure that state banks operate within a robust regulatory framework that promotes accountability and transparency. However, the bill could face scrutiny from industry representatives concerned about the implications of increased regulatory burdens on banking operations.

Contention

There may be points of contention regarding the balance between regulation and operational flexibility for state banks. While supporters advocate for strengthening oversight to prevent malpractices, critics may argue that overly stringent regulations could hinder banks from competing effectively in an increasingly dynamic financial market. Additionally, some might challenge the extent of authority granted to the banking commissioner under this bill, raising debates about administrative overreach and the potential impacts of regulatory compliance costs on smaller banking institutions.

Texas Constitutional Statutes Affected

Finance Code

  • Chapter 31. General Provisions
    • Section: New Section
    • Section: New Section
  • Chapter 33. Ownership And Management Of State Bank
    • Section: New Section
    • Section: New Section
  • Chapter 34. Investments, Loans, And Deposits
    • Section: 103
    • Section: 103
  • Chapter 35. Enforcement Actions
    • Section: New Section
    • Section: 106
    • Section: New Section
    • Section: 106
  • Chapter 281. Protection Of Vulnerable Adults From Financial Exploitation
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB3574

Identical Relating to the regulation of state banks.

Similar Bills

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