2005 Texas Finance Code CHAPTER 13. SAVINGS AND LOAN DEPARTMENT

FINANCE CODE

CHAPTER 13. SAVINGS AND LOAN DEPARTMENT


	§ 13.001. DEFINITIONS.  The definitions provided by 
Section 31.002 apply to this chapter.

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.                   


	§ 13.0015. NAME CHANGES.  (a) The Savings and Loan 
Department is renamed the Department of Savings and Mortgage 
Lending and the savings and loan commissioner is renamed the 
savings and mortgage lending commissioner.
	(b)  A reference in a statute or rule to the Savings and Loan 
Department means the Department of Savings and Mortgage Lending.
	(c)  A reference in a statute or rule to the savings and loan 
commissioner means the savings and mortgage lending commissioner.

Added by Acts 2005, 79th Leg., ch. 1018, § 3.02, eff. Sept. 1, 
2005.     


	§ 13.002. SAVINGS AND LOAN COMMISSIONER.  (a) The savings 
and loan commissioner is the chief executive officer of the Savings 
and Loan Department.  The finance commission, by at least five 
affirmative votes, shall appoint the savings and loan commissioner.  
The savings and loan commissioner serves at the will of the finance 
commission and is subject to the finance commission's orders and 
direction.
	(b)  The savings and loan commissioner must have not less 
than seven years' experience in the executive management of a 
savings association or savings bank or in savings association or 
savings bank supervision.
	(c)  The finance commission shall set the compensation of the 
savings and loan commissioner.  The compensation shall be paid from 
money of the Savings and Loan Department.

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.  Amended 
by Acts 2001, 77th Leg., ch. 867, § 15, eff. Sept. 1, 2001.


	§ 13.003. DEPUTY COMMISSIONERS.  (a) The savings and loan 
commissioner  shall appoint one or more deputy savings and loan 
commissioners.
	(b)  One deputy savings and loan commissioner must have the 
qualifications required of the savings and loan commissioner.  
During the savings and loan commissioner's absence or inability to 
serve, that deputy savings and loan commissioner has the powers and 
shall perform the duties of the savings and loan commissioner.

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.                   


	§ 13.004. EXAMINERS.  The savings and loan commissioner  
shall appoint savings association and savings bank examiners.

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.                   


	§ 13.005. COMPENSATION OF OFFICERS AND EMPLOYEES.  (a) 
Subject to Subsection (b), each officer and employee of the Savings 
and Loan Department  is entitled to compensation set by the finance 
commission.  The compensation shall be paid from the money of the 
Savings and Loan Department.
	(b)  Chapter 654, Government Code, applies to a position of 
the Savings and Loan Department only if it is classified in salary 
groups 1-10 under the General Appropriations Act.  The legislature 
in the General Appropriations Act may determine the total amount 
appropriated to the Savings and Loan Department but may not 
determine the number or salaries of employees other than the 
positions specifically subject to Chapter 654, Government Code, as 
provided by this section.  The finance commission, subject to the 
limits provided by this section, shall otherwise determine the 
number of employees of the Savings and Loan Department and the 
salaries of those employees.  The Savings and Loan Department may 
use money appropriated to it for any purpose to pay the salaries 
determined by the finance commission.

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.                   


	§ 13.006. OATH OF OFFICE.  Before assuming the duties of 
office, each deputy savings and loan commissioner, examiner, 
assistant examiner, conservator, supervisor, and special agent and 
each other officer or employee specified by the savings and loan 
commissioner  must take an oath of office to discharge faithfully 
the duties assigned and uphold the constitution and laws of this 
state and the United States.

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.                   


	§ 13.007. GENERAL POWERS AND DUTIES OF COMMISSIONER.  The 
savings and loan commissioner  shall:
		(1)  supervise and regulate the organization, 
operation, and liquidation of state savings associations, as 
provided by Subtitle B, Title 3, and state savings banks, as 
provided by Subtitle C, Title 3;   and
		(2)  enforce those subtitles personally or through a 
deputy savings and loan commissioner, examiner, supervisor, 
conservator, or other agent.

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.                   


	§ 13.008. FEES, REVENUE, AND EXPENSES;  AUDIT.  (a) The 
finance commission shall establish reasonable and necessary fees 
for the administration of Subtitles B and C, Title 3, and Chapters 
156 and 157, and for the support of the finance commission as 
provided by Subchapter C, Chapter 11.  In establishing the 
reasonable and necessary fees for the administration of Chapters 
156 and 157, the commissioner and the finance commission may not 
exceed the limit on the fees set forth in those chapters.
	(b)  The savings and loan commissioner  shall:                                 
		(1)  collect all fees, penalties, charges, and revenue 
required to be paid by state savings associations and savings 
banks;  and
		(2)  periodically submit to the finance commission, as 
directed by the finance commission, a complete report of the 
receipts and expenditures of the Savings and Loan Department. 
	(c)  The cost of an audit of the financial transactions of 
the Savings and Loan Department under Chapter 321, Government Code, 
shall be paid to the state auditor from the money of the Savings and 
Loan Department.

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.  Amended 
by Acts 2001, 77th Leg., ch. 867, § 16, eff. Sept. 1, 2001;  Acts 
2005, 79th Leg., ch. 1018, § 3.03, eff. Sept. 1, 2005.


	§ 13.009. CONFLICTS OF LAW.  If this chapter conflicts 
with Subtitle B or C, Title 3, this chapter controls.

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.                   


	§ 13.010. CONFLICTS OF INTEREST.  (a) In this section, 
"Texas trade association" means a cooperative and voluntarily 
joined association of business or professional competitors in this 
state designed to assist its members and its industry or profession 
in dealing with mutual business or professional problems and in 
promoting their common interest.
	(b)  A person may not be a Savings and Loan Department 
employee employed in a "bona fide executive, administrative, or 
professional capacity," as that phrase is used for purposes of 
establishing an exemption to the overtime provisions of the federal 
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), 
and its subsequent amendments, if:
		(1)  the person is an officer, employee, or paid 
consultant of a Texas trade association in a field regulated by the 
Savings and Loan Department;  or
		(2)  the person's spouse is an officer, manager, or paid 
consultant of a Texas trade association in a field regulated by the 
Savings and Loan Department.
	(c)  A person may not act as the general counsel to the 
Savings and Loan Department if the person is required to register as 
a lobbyist under Chapter 305, Government Code, because of the 
person's activities for compensation on behalf of a profession 
related to the operation of the Savings and Loan Department
	(d)  Before the 11th day after the date on which an employee 
begins employment with the Savings and Loan Department, the 
employee shall read the conflict-of-interest statutes applicable 
to employees of the Savings and Loan Department and sign a notarized 
affidavit stating that the employee has read those statutes.

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.  Amended 
by Acts 2001, 77th Leg., ch. 337, § 1, eff. Sept. 1, 2001.


	§ 13.011. CONSUMER INFORMATION AND COMPLAINTS.  (a) The 
savings and loan commissioner  shall prepare information of 
consumer interest describing:
		(1)  the regulatory functions of the Savings and Loan 
Department;  and      
		(2)  the procedures by which consumer complaints are 
filed with and resolved by the Savings and Loan Department.
	(b)  The information under Subsection (a) must be made 
available to the public and appropriate state agencies.
	(c)  The Savings and Loan Department shall maintain a file on 
each written complaint filed with the Savings and Loan Department.  
The file must include:
		(1)  the name of the person who filed the complaint;                          
		(2)  the date the complaint is received by the Savings 
and Loan Department; 
		(3)  the subject matter of the complaint;                                     
		(4)  the name of each person contacted in relation to 
the complaint;        
		(5)  a summary of the results of the review or 
investigation of the complaint;  and
		(6)  an explanation of the reason the file was closed, 
if the agency closed the file without taking action other than to 
investigate the complaint.
	(d)  The Savings and Loan Department shall provide to the 
person filing the complaint and to each person who is a subject of 
the complaint a copy of the Savings and Loan Department's policies 
and procedures relating to complaint investigation and resolution.
	(e)  The Savings and Loan Department, at least quarterly 
until final disposition of the complaint, shall notify the person 
filing the complaint and each person who is a subject of the 
complaint of the status of the investigation unless the notice 
would jeopardize an undercover investigation.

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.  Amended 
by Acts 2001, 77th Leg., ch. 337, § 2, eff. Sept. 1, 2001.


	§ 13.012. SUNSET PROVISION.  The office of savings and 
loan commissioner  and the Savings and Loan Department  are subject 
to Chapter 325, Government Code (Texas Sunset Act).  Unless 
continued in existence as provided by that chapter, the office and 
department are abolished September 1, 2013.

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.  Amended 
by Acts 2001, 77th Leg., ch. 337, § 3, eff. Sept. 1, 2001.


	§ 13.013. STANDARDS OF CONDUCT.  The savings and loan 
commissioner  or the savings and loan commissioner's designee shall 
provide to agency employees, as often as necessary, information 
regarding the requirements for office or employment under this 
chapter, including information regarding a person's 
responsibilities under applicable laws relating to standards of 
conduct for state officers or employees.

Added by Acts 2001, 77th Leg., ch. 337, § 4, eff. Sept. 1, 2001.           


	§ 13.014. EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a) The 
savings and loan commissioner  or the savings and loan 
commissioner's designee shall prepare and maintain a written policy 
statement that implements a program of equal employment opportunity 
to ensure that all personnel decisions are made without regard to 
race, color, disability, sex, religion, age, or national origin.
	(b)  The policy statement must include:                                        
		(1)  personnel policies, including policies relating 
to recruitment, evaluation, selection, training, and promotion of 
personnel, that show the intent of the Savings and Loan Department  
to avoid the unlawful employment practices described by Chapter 21, 
Labor Code;  and
		(2)  an analysis of the extent to which the composition 
of the Savings and Loan Department's personnel is in accordance 
with state and federal law and a description of reasonable methods 
to achieve compliance with state and federal law.
	(c)  The policy statement must:                                                
		(1)  be updated annually;                                                     
		(2)  be reviewed by the state Commission on Human 
Rights for compliance with Subsection (b)(1);  and
		(3)  be filed with the governor's office.                                     

Added by Acts 2001, 77th Leg., ch. 337, § 4, eff. Sept. 1, 2001.           


	§ 13.015. EMPLOYEE INCENTIVE PROGRAM.  The savings and 
loan commissioner or the savings and loan commissioner's designee 
shall provide to agency employees information and training on the 
benefits and methods of participation in the state employee 
incentive program.

Added by Acts 2001, 77th Leg., ch. 337, § 4, eff. Sept. 1, 2001.