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.
§ 13.002. 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 for the
support of the finance commission as provided by Subchapter C,
Chapter 11.
(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.
§ 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.
