budget hearing texas department of banking testimony of: randall s. james – commissioner september...
TRANSCRIPT
Budget Hearing
Texas Department of BankingTestimony of:
Randall S. James – CommissionerSeptember 7, 2006
Governor’s Office of Budget, Planning and Policy and Legislative Budget
Board
Offered by:Texas Department of Banking September 7, 2006
Budget Hearing
Page 2
Statutory Mandates
The Department of Banking is entrusted with insuring the safety of the public’s money held by institutions that provide financial services. We charter and/or license the following businesses:
Chapter 31 of the Texas Finance Code requires the Banking Commissioner to examine each state bank annually or more often as the Banking Commissioner considers necessary to safeguard the interest of depositors, creditors, shareholders, participants and participant-transferees.
Chapter 204 of the Texas Finance Code requires the Banking Commissioner to examine each Texas state branch, agency or representative office of a foreign bank annually or more often as the Banking Commissioner considers necessary to determine if the office is operated in a safe and sound manner.
Chapter 181 of the Texas Finance Code requires the Banking Commissioner to examine each state trust company annually or more often as the Banking Commissioner considers necessary to safeguard the interest of clients, creditors, shareholders, participants and participant-transferees.
Banks, Trust Companies and Offices of Foreign Bank Agencies
Offered by:Texas Department of Banking September 7, 2006
Budget Hearing
Page 3
Prepaid Funeral Contract Sellers, Perpetual Care Cemeteries, Money Service Businesses, and Private Child Support Enforcement Agencies
Chapter 154 of the Texas Finance Code requires that the Banking Commissioner examine each prepaid funeral contract seller annually or more often as deemed necessary to protect the prepaid funds and to assure that the contracted services and merchandise are provided at the time of death.
Chapter 712 of the Texas Health and Safety Code requires that the Banking Commissioner examine each perpetual care cemetery annually or more often as deemed necessary to protect and safeguard the perpetual care trust funds and to assure that the fund income is used to maintain and support cemetery maintenance.
Chapter 151 of the Texas Finance Code (Money Services Act) requires that the Banking Commissioner examine each money service business (currency exchange, transportation, transmission, stored value cards, and third party bill payers) annually to protect and safeguard customer funds and prevent money laundering and funding of terrorist activities.
Chapter 396 of the Texas Finance Code requires the Banking Commissioner to monitor private child support enforcement agencies through registration and investigation of consumer complaints.
Statutory Mandates
Offered by:Texas Department of Banking September 7, 2006
Budget Hearing
Page 4
Source: FDIC, NCUA and Texas Credit Union Department. Produced by: Texas Department of Banking. For additional information, contact Kurt Purdom at (512) 475-1333.
Assets of Federally-Insured Financial Institutions Operating in Texas
Texas Federally-Chartered Credit
Unions $30.2 Billion
6%
Out-of-State Federally-Chartered Savings
Institutions $9.8 Billion
2%
Texas State-Chartered Banks
$76.7 Billion 16%
Texas State-Chartered Savings Institutions
$8.7 Billion 2%
Texas Federally-Chartered Savings
Institutions $55.8 Billion
12%
Out-of-State Nationally-Chartered Banks
$168.2 Billion 35%
Out-of-State State-Chartered Banks
$12.7 Billion 3%
Texas Nationally-Chartered Banks
$96.5 Billion 20%
Texas State-Chartered Credit Unions $17.6 Billion
4%
Assets of All Institutions: $476.2 Billion
Offered by:Texas Department of Banking September 7, 2006
Budget Hearing
Page 5
Profile of Regulated Entities
Information as of December 2005.* Does not include 17 out-of-state, state-chartered banks operating in Texas ($12,736 million).
Regulated Entity Number of EntitiesTotal Assets$(millions)
Commercial Banks* 324 $76,686
Foreign Bank Agencies 7 22,784
Public Trust Companies 24 24,696
Prepaid Funeral Licensees 424 2,705
Perpetual Care Cemeteries 240 186
Money Service Businesses 133 65,182
Private Child Support Enforcement Agencies
14 N/A
Totals 1,166 $192,239
Offered by:Texas Department of Banking September 7, 2006
Budget Hearing
Page 6
Supervisory Information
The total number of state-chartered banking organizations has declined.
Most of this reduction is the result of merger activity. As a result, the surviving banks are substantially larger in size and operate many more branch locations. As the size of the organization increases, so does the complexity of its operations. Larger banks engage in more sophisticated investment ventures and provide a greater variety of products and services to their customers.
Even though the number of banking organizations has decreased, the assets and branches have increased, and agency resources needed to appropriately supervise these businesses have not diminished. Larger and more complex banks also necessitate a better trained and experienced staff of examiners, including more subject matter specialists, to review their operations.
BANK
INFORMATION 12-31-90 12-31-05Percent
Increase / (Decrease)
Number of Texas State-Chartered Banks [1]
577 324 (44%)
Number of Branches of Texas State-Chartered Banks
467 1,288 176%
Total Assets of Texas State-Chartered Banks
$45 billion $77 billion 71%
Average Assets Per Bank $78 million $238 million 205%
STAFFING INFORMATION 8-31-90 8-31-06
Percent Increase / (Decrease)
Total Agency Staffing 210 158 (25%)
Number of Financial Examiners [2] 140 98 (30%)
[1] Does not include out-of-state chartered banks operating in Texas.[2] Includes Bank and Trust field examiners and related directors.
Offered by:Texas Department of Banking September 7, 2006
Budget Hearing
Page 7
Department Staffing by Strategy
STRATEGY STAFFING LEVELS [1]Financial Examiners,
Program Administrators and Related Directors
Other Total
Bank Examination 98 8 106
Non-Bank Examination 16 2 18
Application Processing 4 2 6
Administration 27 27
Regulatory Oversight 1 1
TOTALS 118 40 158
TURNOVER
Fiscal Year 2006 14.0% 19.0% 15.8%
Fiscal Year 2005 21.2% 16.3% 20.9%
Fiscal Year 2004 12.0% 22.5% 14.4%
Fiscal Year 2003 8.8% 14.3% 10.2%
Fiscal Year 2002 12.0% 22.5% 14.1%
Fiscal Year 2001 21.7% 20.0% 21.0%
[1] Represents actual staffing as of 8-31-06.
Offered by:Texas Department of Banking September 7, 2006
Budget Hearing
Page 8
Revenue Sources
The Department is fully self-funded and fully self-leveling.Fees and assessments on regulated entities fund 100% of the agency’s expenditures.
Expenditure reductions will not benefit the state’s General Revenue Fund.
By statute, the Department of Banking is limited to collecting fees and assessments that cover only the agency’s direct and indirect expenditures related to bank supervision (Chapter 31.106 of the Texas Finance Code).
The Department’s expenditures are mainly personnel related. Salaries and other personnel expenses average 80% of total expenditures.
Travel related expenses, mainly to conduct examinations, are 10% of total expenditures.
Primary Expenses
Offered by:Texas Department of Banking September 7, 2006
Budget Hearing
Page 9
Summary of L.A.R. for FY 2008 and 2009Texas Department of Banking
Total requested funding with the 10% reduction is $11,228,927 for fiscal year 2008 and $11,153,925 for fiscal year 2009.
Exceptional Items Requested for Fiscal Years 2008 and 2009 Amount for
Each FY
Restore 10% Mandatory Reduction $938,673
$938,672
With the mandatory 10% reduction, funding for 17 examiner positions is eliminated and the agency would be required to drop to a critical staffing level and meeting bank examination priorities would not be possible. Additional supervisory efforts regarding corporate governance, Bank Secrecy Act compliance, holding company and information systems supervision would be jeopardized.
Continue the Regulator Response Contingency Rider
$5,550,432
$5,550,432
This rider is needed to provide a mechanism to request additional appropriations if certain events occur in the banking industry. It allows the agency to respond to a growth in banking assets, a shift in federal regulatory priorities, or a disparity in examiners’ pay compared to their federal counterparts.
Lump Sum Leave Payments to Retirees $219,000
$62,000
Provides funding for lump sum vacation accrual payments to employees who retire and opt for lump sum payments of leave benefits. Without this rider, the agency will be required to defer promotions and/or hiring of new employees to fill vacant positions left by the retirees.
Restore Funds for Finance Commission Study Eliminated by 10% Mandatory Reduction
$100,000
$100,000
Data gathered from Finance Commission studies provides valuable information to the Legislature and other financial service industries about lending in Texas and historical trends. This study is eliminated in the 10% reduction.
Offered by:Texas Department of Banking September 7, 2006
Budget Hearing
Page 10
Summary of L.A.R. for FY 2008 and 2009Texas Department of Banking
Newly Requested Riders for Fiscal Years 2008 and 2009 Amount for
Each FY
Out-of-State Travel From Funds Already Appropriated
Travel related to regulatory matters, including examinations, inspections and training of examiners, inspectors, investigators, attorneys and related directors is exempt from any out-of-state cap limitations. This rider allows the agency the flexibility to continue its mission without a break in activities while an exception is being reviewed. Annual waivers have been received by the Department each year requested beginning in fiscal year 2004. This rider is patterned after a State Securities Board rider.
Appropriation of Unexpended Balances within the Biennium
From Funds Already Appropriated
Unobligated and unexpended balances of appropriations to the agency for the fiscal year ending 8-31-08, are appropriated to the Department for the same purposes for the fiscal year beginning 9-1-08. This rider, which is pattered after a State Securities Board rider, will allow greater flexibility to the agency during the biennium.
Overnight Travel Stipend From Funds Already Appropriated
Employees of the agency when traveling on examination assignments relating to the agency’s regulatory responsibilities may be authorized to receive an overnight stipend for all overnight stays in excess of 60 days out per fiscal year. This stipend will be paid annually in August and the daily rate may not exceed the rate set by the FDIC. This stipend will not be considered a one time merit and may be paid to the eligible employees regardless of their last merit pay or promotion action.
Offered by:Texas Department of Banking September 7, 2006
Budget Hearing
Page 11
Summary of L.A.R. for FY 2008 and 2009Texas Department of Banking
Amount for Each FY
Continue the Regulator Response Contingency Rider
From Funds Already Appropriated
None of the funds in the Department’s contingency rider may be expended unless the Finance Commission files a finding of fact with the Governor and LBB and neither the Governor nor LBB issues a written disapproval within 30 day of the receipt of the finding of fact. This revision provides a date certain that the agency will receive either approval or denial of a request to activate the contingency rider.
Revised Riders for Fiscal Years 2008 and 2009
Deleted Riders for Fiscal Years 2008 and 2009 Amount for
Each FY
Sharing of Receptionist -0-
-0-
The rider establishing the intent of the Legislature that the Department and other two Finance Commission agencies share one full time receptionist. This rider is deleted since it is no longer necessary.
Spending for fiscal years 2006-2007 is expected to be within appropriated amounts. We are on target to achieve five of eight key performance measures in FY 06. Also in FY 06, we received a waiver to exceed our out-of-state travel cap to perform examinations and attend core training. We will also be requesting this waiver for FY 07.
Fiscal Years 2006-2007 Update