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Relating to the regulatory authority of the savings and mortgage lending commissioner; authorizing fees.
No significant fiscal implication to the State is anticipated.
SB 1900 would allow the Texas Department of Savings and Mortgage Lending commissioner to examine and regulate the activities of a state savings bank's affiliates and the activities or services a third-party service provider that a state savings bank or state savings bank affiliate has contracted for. The bill would allow the commissioner to collect a fee from an examined third-party service provider or affiliate in connection with each examination.
The bill would also allow the commissioner to examine a holding company that controls a state savings bank to the same extent as if the holding company were a state savings bank.
Texas Action opposes SB 1900 because it violates the limited government and free market principles. While the state has an obvious interest in the affiliates of and third-party services used by state savings banks, as written the powers given to the Texas Department of Savings and Mortgage Lending commissioner are too broad. There are not stipulations on how often or on what basis the commissioner may examine a given affiliate or service or to whom the commissioner can charge a fee for the cost of the inspection. Because of these broad provisions, Texas Action is opposed.