TB Magazine - Texas Bankers Association
Transcription
TB Magazine - Texas Bankers Association
The problem with patent trolls FIND THE RIGHT PARTNER TO HELP KBS A Berkshire Hathaway Company [email protected] (785) 228-0000 P.O. Box 1654, Topeka, KS 66601 TEXAS BANKING One Industry. One Vision. One Voice. 24 V O LU M E 1 0 4 • N O. 1 0 • O C T O B E R 2 0 1 5 Texas Banking is the official publication of the Texas Bankers Association. F E AT U R E S 8 EXECUTIVE COMMITTEE TRID ignites a technology evolution EDITORIAL OFFICES: 203 West 10th Street, Austin, Texas 78701-2388 512-472-8388 fax 512-473-2560 www.texasbankers.com Lenders implement one of the biggest regulatory changes since the Banking Act of 1933 12 Is the bank branch dead? Before you close your branch, use technology to engage customers 26 24 Community Banker Spotlight COLUMNS West banker helps rebuild his hometown 5 6 Olivia Carmichael Solis Editor Katherine Kolstedt Art Director Message from the President Jocelyn Carby Associate Editor Advocacy at work Jamie Tanner Assistant Editor Chairman’s Forum Putting a face on DoddFrank 26 Banker to Banker First National Bank of Giddings turns 125 28 Your Advocate The problem with patent trolls 29 Compliance Hotline Hot topics: top three “need-to-know” updates Kenneth L. Burgess Jr. Chairman ADVERTISING OFFICES: BankNews Media P.O. Box 29156, Shawnee Mission, Kansas 66201-9156 800-336-1120 fax 913-261-7010 www.banknews.com Jim R. Purcell Vice Chair Scott Englert National Sales Manager 12 James D. Dreibelbis Treasurer D E PA R T M E N T S 16 News & Trends 22 Partner Focus 8 30 Bank People 31 Ad Index 31 Classifieds Get the latest Texas & Washington news at the TBA website, www.texasbankers.com. 4 Expressed opinions in any signed article of Texas Banking are those of the author and do not necessarily reflect the viewpoint of editors or the Texas Bankers Association on the subject. While this magazine makes reasonable efforts to establish the integrity of advertisers, it does not endorse advertised products or services unless specifically so stated. Texas Banking © 2015, Texas Bankers Association. Articles may not be reproduced or reprinted without the expressed written permission of the Texas Bankers Association. Texas Banking (ISSN 0885-6907) is published monthly by the Texas Bankers Association, 203 W. 10th St., Austin TX 78701-2388. Periodicals Postage Paid at Austin, TX and at additional mailing offices. POSTMASTER: Send address changes to Texas Banking, Texas Bankers Association, 203 W. 10th St., Austin TX 78701-2388. Annual dues of TBA members include $20 for each one-year subscription to Texas Banking. Annual rates for additional subscriptions are $48 for member banks and $96 for non-members. TEXAS BANKING • OCTOBER 2015 John L. Snider Immediate Past Chair W. David Lacy Community Bankers Council Chair William C. Helms Regional Bankers Council Chair Robert L. Upchurch, III Government Relations Council Chair J. Eric T. Sandberg Jr. TBA President/CEO TEXAS BANKERS ASSOCIATION Board of Directors R. Mark Bain William David Lacy First United Bank, Lubbock [email protected] Community Bank & Trust, Waco [email protected] Dean O. Bass Randy McCurley Spirit of Texas Bank, SSB, College Station [email protected] The First State Bank of Mobeetie [email protected] George G. Bruns Texas Regional Bank, McAllen [email protected] USAA Federal Savings Bank, San Antonio [email protected] Kenneth L. Burgess, Jr. FirstCapital Bank of Texas, N.A., Midland [email protected] Danny B. Butler Jefferson Bank, San Antonio [email protected] Ronald D. Butler, II First Financial Bank, N.A., Abilene [email protected] Cindy Campbell First National Bank, Southlake [email protected] Timothy J. Cooper First State Bank, Spearman [email protected] R. Terry Cullen, CTFA First National Bank in Port Lavaca [email protected] The State National Bank, Big Spring [email protected] Joe Quiroga Texas National Bank, Edinburg [email protected] Charlotte M. Rasche Prosperity Bank, Sugar Land [email protected] Mark S. Reiley Icon Bank of Texas, N.A., Houston [email protected] J. Mark Riebe Texas Bank Financial, Weatherford [email protected] Katherine Rodriguez, CPA Moody National Bank, Galveston [email protected] Raymond H. Rust, III The Farmers State Bank, Groesbeck [email protected] Reave J. Scott Greg Dodds Coleman County State Bank [email protected] Texas Bank, Brownwood [email protected] John L. Snider James D. Dreibelbis Woodforest National Bank, The Woodlands [email protected] Robert R. Franklin, Jr. Shelby Savings Bank, SSB, Center [email protected] Steve Stapp R Bank, Round Rock [email protected] Gary B. Taylor Texas Bank and Trust Company, Longview [email protected] CommunityBank of Texas, N.A., Houston [email protected] Robert L. Upchurch, III Jesse Lee Haggard, III Gary P. Van Deventer First State Bank of Bedias [email protected] The First National Bank of Trinity [email protected] Security State Bank, Anahuac [email protected] William C. Helms Don R. Waters BBVA Compass Bank, Houston [email protected] Liberty Bank, Hurst [email protected] John L. Holt, Jr. Cee Yager NexBank Capital, Inc., Dallas [email protected] By J. Eric T. Sandberg Jr., TBA President & CEO Jim R. Purcell Morris E. DeFriend The National Bank of Texas at Fort Worth [email protected] Advocacy at work Paul S. Moxley Commercial Bank of Texas, N.A., Nacogdoches [email protected] Wade C. Donnell MESSAGE FROM THE PRESIDENT Worthington National Bank, Fort Worth [email protected] Robert W. Hoxworth First National Bank Texas, Killeen [email protected] s everyone in the industry knows, the main strategic priority for the Texas Bankers Association is ADVOCACY. Within the legal and legislative areas, the TBA staff spends the vast majority of its workdays on advocacy for our membership. Since advocacy can cover many areas, the political aspect comes to the forefront for this month’s column. With the change in the leadership of the U.S. Senate after the last election, we have certainly been focusing on issues we think have potential for change in the current Congress. To this end, late last month our bankers hosted the chairman of the Senate Banking Committee in San Antonio for a fundraiser when he was in town for another engagement Sen. Richard Shelby visits with bankers speaking to the four William Ware, Alan Lackey and Ken Burgess. San Antonio Chambers of Commerce. Our Host Committee of 20 individuals did an outstanding job and are to be thanked for their efforts. Additionally, the attendance and input to the chairman by bankers was appreciated and heard. Sen. Richard Shelby (R-Ala.) is not new to this position, having served previously as chair under a different administration. What is important is that the senator is a strong supporter of changes to the Dodd-Frank Act. Bankers that attended the fundraiser were encouraged by his remarks and left hopeful that before the year is out, Congress will pass some needed changes to the onerous provisions of the legislation that has negatively impacted consumers due to the restrictions placed on banks in their lending decisions. He is pragmatic in his expectations and also wants the CFPB to have an oversight board and come under the appropriations process. As you also know, Congressman Jeb Hensarling is chair of the House Financial Services Committee. Having these two gentlemen as leaders on issues that are important to the banking industry is certainly uplifting. While nothing is certain, given the leadership of the various elected officials, our advocacy efforts are being heard, understood and addressed in a forthright and positive manner. I do not expect Christmas to come early, given the opposition to certain changes we are seeking, but I do hope to see a nice package arrive in time to celebrate the birth of Christ. A Reprints: For reprints of Texas Banking articles, contact BankNews Media at 800-336-1120 or [email protected]. @TEXASBANKERS TEXAS BANKING • OCTOBER 2015 5 CHAIRMAN’S FORUM Putting a face on Dodd-Frank By Ken Burgess, TBA Chairman “If the people who passed and created all of [the Dodd-Frank Act] rules had to walk in our shoes for a couple of years, the problem would be solved.” ow many times over the last few years have you been asked what impact Dodd-Frank has had on your bank? I can’t count the number of times. I always struggle with where to start because the impact is both direct and indirect. The impact is so broad it is hard to get your mind around it. To make the picture a little clearer, the following is a list of the number of pages of just a few of the new regulations that have been completed. Keep in mind that rules for about half of what was included in DoddFrank have not even been written yet. • Mortgage Servicing Rules: 456 pages • ATR/QM Rules: 408 pages • HOEPA Rule: 313 pages • Basel III: 275 pages • Remittance Rule: 248 pages • Loan Originator Rules: 225 pages Now keep in mind that each page of regulation is printed in three columns, single-spaced with a 9-point font. Not only does someone have to read all of this, but he or she also has to understand it and then has to train every employee in the bank to follow the rules without making mistakes. If the people who passed and created all of these rules had to walk in our shoes for a couple of years, the problem would be solved. The impact of the legislation is very real and can be seen in the destruction of our nation’s community banking system and the reduction of banking services to many consumers in our country. To advocate effectively for a return to some kind of normalcy, the members of our industry must be able to articulate effectively the impact it is having on each of our banks. I thought I might try to outline some of the rules that impact the greatest number of our community banks. The following is not a complete list, as I don’t have enough room in this article to come close to covering everything. So here we go … H of the market. Some of the easiest to identify are many small business owners and many senior citizens who do not have W-2 income to support the approval process. The regulators were quick to note that banks did not have to make just qualified mortgages, but we all know the risks of making non-qualified loans are high and, as a result, a secondary market has not been developed for non-qualified loans. Enhanced consumer advisory expectations Because of the sheer number of new rules, I am sure every bank in the country has increased compliance staff in the past five years. Our bank now has 12 people who are dedicated to compliance out of a total staff of about 185. Dodd-Frank mandated just a few consumer protection rules, but it created the Consumer Financial Protection Bureau, which has created many new rules. The trickle-down from these new rules has resulted in the establishment of new monitoring, auditing, analysis and reporting systems that many of our community banks are illequipped to handle. Basel capital requirements Basel III was designed for large internationally active banks. However, U.S. banking agencies have applied it to all banks regardless of size. The increased monitoring and reporting requirements in themselves represent a large burden for many community banks. Some of the rules effectively eliminate community banks from participating in certain types of products and services, such as mortgage servicing, for example. Higher capital requirements decrease return on equity to investors and make holding bank stock less desirable than other types of investments. This further reduces community banks’ access to capital at the time it is most needed. ATR/QM Rule Those of us who are still in the mortgage loan business now know this rule well. The basic purpose of the rule was probably well intended, but the actual impact was to push many well-qualified mortgage borrowers out 6 TEXAS BANKING • OCTOBER 2015 Increased civil money penalties for non-compliance Severe penalties have been added in some cases making the risk of non-compliance too see “Chairman’s Forum,” p. 31 8 TEXAS BANKING • OCTOBER 2015 Lenders implement one of the biggest regulatory changes since the Banking Act of 1933 By Andy Dunn For the last five years the banking industry has been abuzz about the potential impact the TILA-RESPA Integrated Disclosure (TRID) rule would have on the banking industry. A lot of questions were raised, such as would it help borrowers better understand their loan obligations and would it extend traditional 30-day closings to 45, 60 or even 90 days? Those questions will begin to get addressed this month as TRID took effect Oct. 3. TRID has become a noun in the banking industry’s lexicon. For the last 24 months, lenders across the country have been preparing for the regulation — upgrading loan origination systems, reconfiguring workflows, training staff and testing new processes. Borrowers, on the other hand, will be largely unfamiliar with the regulation, the changes it brings and the work it has taken the banking industry to comply with the new regulations. And that’s by design. @TEXASBANKERS TEXAS BANKING • OCTOBER 2015 9 Simply put, in the last 24 months, lenders have collectively worked to implement one of the biggest regulatory changes since the Banking Act of 1933. Sections 1098 and 1100A of the Dodd-Frank Act required the Consumer Financial Protection Bureau to combine the disclosures consumers receive when applying for a mortgage. The CFPB also wanted to bring more clarity and transparency to the mortgage purchasing process for borrowers. TRID accomplishes those objectives by combining and redesigning the Good Faith Estimate and the initial Truth-in-Lending disclosure into the Loan Estimate, and HUD-1/1A and the final Truth-in-Lending disclosure into the Closing Disclosure, while setting specific disclosure accuracy and delivery requirements. TRID’s enduring legacy: transparency versus technology The increased transparency TRID delivers to borrowers is arguably one of its most significant benefits. It has also had a huge impact on the banking industry by requiring lenders to adopt the new disclosure documents. To meet TRID’s transparency requirements, lenders and their partners have had to rethink how they collaborated, used technology and complied with industry data standards. Simply put, in the last 24 months, lenders have collectively worked to implement one of the biggest regulatory changes since the Banking Act of 1933. But transparency is an outcome. It’s something that’s achieved and delivered. A legacy, as defined by MerriamWebster, is “something transmitted by or received from an ancestor or predecessor or from the past.” What then is the legacy that TRID leaves lenders that will endure for years to come? The answer is technology. To comply with the disclosures, data accuracy and disclosure timing requirements, lenders had to invest in new technologies. TRID facilitated the banking industry’s move from paper to electronic workflows. While technology has always played 10 TEXAS BANKING • OCTOBER 2015 a significant role in banking, core banking systems had gotten old and so too did banks’ origination workflows. Arguably, the biggest immediate impact from TRID on lenders of all sizes has been its silent mandate to invest in technology. Without updated loan origination systems and investments in new document management systems, a bank’s efforts to comply with TRID become significantly more difficult. For example, there are more than 900 business rules needed to create a compliant, transaction-specific Loan Estimate and Closing Disclosure to process a mortgage application. Beyond the variations are the data accuracy and document delivery requirements. TRID dictates how fees and charges have to be disclosed and how the information can be revised after sending the Loan Estimate to the borrower. The regulation identifies six events that can trigger a revision of fees and good faith analysis in the document: • Changed circumstances that cause an increase to settlement charges • Changed circumstances that affect the consumer’s eligibility for the loan or affect the value of the property securing the loan • Consumer requested changes • Interest rate locks • Expiration of the original Loan Estimate • Construction loan settlement delays For example, a lender issuing the Loan Estimate without including the property address is not a triggering event to revise the document. However, the lender could lose money on the transaction if it’s later discovered the property address would have increased the fees charged to the borrower. It’s important to ensure the loan application contains complete and accurate information before issuing the Loan Estimate. An incomplete application is not a change in circumstances and does not justify revising the document. This is where having an electronic workflow helps. It can verify that all the required information has been received before the Loan Estimate is issued. It is especially important during the loan application phase. If the loan application is being completed online by the borrower the system could automatically flag and delay acceptance of the application until all required information is received, an important processing step for complying with TRID. TRID requires that the Loan Estimate be delivered or mailed within three business days after the application, and that the loan cannot close if the delivery date was less than seven days before consummation. Accepting an incomplete loan application will require more work by the lender and could result in missing the initial disclosure delivery deadline. It’s best to accept a complete and accurate loan application to reduce having to find required information later. The same rule of thinking applies to the Closing Disclosure. While there is more flexibility in updating the document before consummation, there are also three triggers that require a restart of the three-day waiting period: 1. The APR becomes inaccurate; 2. The loan product is changed; and 3. A prepayment penalty is added. TRID requires that the Closing Disclosure be delivered at least three business days before consummation. Navigating these requirements using paper-based workflows is not impossible, but it will likely reduce the number of mortgage loans a lender could process in a given year or require a significant increase in staff. Expanding on TRID’s benefits TRID’s silent nudge of lenders toward adopting electronic workflows for originating asset-secured loans has put in place a digital foundation that will benefit the banking industry for years to come. The core benefits include: • Delivery of a consistent customer experience • Faster loan processing times • Greater coordination with third parties • Improved compliance capabilities, including documentation • Secure information sharing with third-parties However, this is just the starting point. The CFPB is committed to encouraging the industry to adopt technologies that will further improve the efficiency and transparency of the loan origination process for consumers. An immediate technology investment lenders can make to address this goal is the adoption of electronic delivery and e-signature. Together, these tools offer lenders more time to prepare the TRID disclosure documents. It is especially beneficial in coordinating the delivery of the Closing Disclosure. Electronic delivery and e-signature maximizes the amount of time lenders have to process the document and still get it out to customers “on time.” The technologies remove the necessity to have the Closing Disclosure completed even earlier for mailing to comply with the three-day waiting period. Electronic delivery and e-signature also improves the efficiency of the origination process by reducing interruptions in the workflow. Sending loan documents electronically eliminates multi-day delays for mailings and provides verification that the documents were received. Using e-signature allows lenders to receive borrowers’ signatures immediately after the documents are signed. These technologies also enable lenders to interact with new homebuyers, especially millennials, through their preferred, digital channels. The digital foundation that TRID established gives lenders the opportunity to continually build improvements into their origination workflows across products. Lenders that are proactive in investing in new technologies will be better prepared for future regulatory requirements. Investing for the future While TRID is barely in the rearview mirror, the CFPB is preparing to publish its final rule for the Home Mortgage Disclosure Act later this year, and in August the Bureau released the results of its eClosing pilot project. The project examined consumers’ perceptions of completing the mortgage closing process electronically versus by paper and pen. It’s clear that the CFPB expects the banking industry to continually look towards improving the efficiency and transparency of its loan origination processes to benefit consumers. While an industry shift to where the vast majority of loans are completed electronically is probably years down the road, it’s something you should be thinking about as the digital consumer generation takes over the marketplace. Planning for change now will help you see how your current technology investments can be used to meet future regulatory requirements and consumer expectations. While it might seem like a daunting activity to undertake, it doesn’t need to be. Creating a technology roadmap is a good way to approach the exercise. It will allow you to see how the technology investments your organizations are making today can be used to meet future goals. Andy Dunn is a senior attorney with Wolters Kluwer Financial Services. The CFPB is committed to encouraging the industry to adopt technologies that will further improve the efficiency and transparency of the loan origination process for consumers. @TEXASBANKERS TEXAS BANKING • OCTOBER 2015 11 Is the Before you close your branch, use technology to engage customers By Mitchell Goss, CPA WITH THE RISE OF SEVERAL BRANCHLESS BANKS, INCLUDING Capital One 360, formerly ING Direct, and Ally, many community banks are wondering if they should follow suit with a similar branchless model. It’s no secret that branch traffic has been on the decline over the past few years. With the introduction of technology such as remote deposit capture and widespread ATM networks, bank customers have the convenience of doing business almost anywhere, at any time. There is seemingly no need to ever set foot in a physical bank office at this point. On the other end of the spectrum, large banks like Bank of America and TD Bank, “America’s Most Convenient Bank,” have invested huge amounts in both technology and brick-and-mortar locations. It’s important to note that banks taking this route see the necessity of implementing various technologies within the branches as a means to attract tech savvy customers who would not normally visit a traditional office. So what is a community bank to do? Either close physical doors like the online banks or invest in technology to attract people to existing branches 12 TEXAS BANKING • OCTOBER 2015 bank branch dead? like the larger banks. Many banks are choosing the latter option rather than going completely virtual, which gives customers more banking options while also increasing foot traffic in branches. Invest in technology While branch traffic may be down compared to five or 10 years ago, customers still appreciate face-toface interaction when they have a problem they need help solving. Even if they visit a branch just a few times each year, there is a feeling of trust and security in knowing their bank is there when they need it. Rather than using technology as a means to drive customers online and away from branches, we are seeing banks invest in technology as a means to both support customers’ banking needs and strengthen personal banking relationships. The key is to engage customers when they do visit bank branches. You want to grab their attention and provide a seamless experience. For example, digital signage displays can be used to create relevant and visually stimulating communications that connect with consumers and foster long-term relationships. Digital signage also provides a channel for banks to communicate information about financial products and services in a way that is viewed as being educational rather than pushy. Syndicated digital content One way to engage your customers when they visit the branch is with syndicated digital content. Licensed content from top reputable providers is available for major categories, including U.S. & world news, financial & business news, local and national weather and entertainment Digital signage displays provide a channel for banks to communicate information about financial products and services. @TEXASBANKERS TEXAS BANKING • OCTOBER 2015 13 Adding photos Does your bank have an Instagram account? You can get even more exposure by adding your Instagram photos to your digital content. Instagram integration lets your branch visitors know that you’re on Instagram and gives them a sneak peak of all the great imagery on your bank’s main page, while ensuring your content is being regularly updated. Engage your customers with your top images while inviting Source: Chase Bank highlights like movie trailers and music videos. These segments are ideal for any bank branch looking to replace regular TV content with content that is educational and free of third-party competitor advertisements. Daily feeds and updates also engage customers with the day’s top headlines, either with or without images. These feeds help to make your content network fun and entertaining with lighter content such as daily horoscopes, “This Day in History” or “Born on This Day” trivia and lottery numbers. Daily updates provide fresh, relevant programming that keeps customers watching and wanting more. Investing in technology helps attract tech savvy customers to branches. them to interact with you on this popular social media platform with user-generated content. Many banks are also digitizing rate boards to further captivate customers. Digital signage virtually eliminates the need for printed advertisements, announcements and notices in your branches. Also, by going digital, you can automate your rate boards. Your content management system can pull rate data from your website. So once rates are approved and posted on your website, they will automatically display on your inbranch rate boards as well. This Many banks are digitizing rate boards to further captivate customers. 14 TEXAS BANKING • OCTOBER 2015 leaves your frontline staff with more time to do what they do best: serve your customers. Interactive displays Another way to engage customers is through the use of interactive displays, which are wall-mounted, free standing or counter-top touch screen monitors or tablets that offer people a truly unique, user-friendly experience. From the privacy of their own personal space, consumers can navigate a video screen to access information or use it to make a transaction. Whatever the reason, foundation of trust between you and your customer, leading to a long and profitable relationship. Audio Daily feeds and updates engage customers with the day’s top headlines. the experience can be a fun and engaging way to interact with your brand while fulfilling your customers’ needs. Mobile marketing has amassed an unprecedented 6 billion-plus subscribers. It has indubitably become the fastest-growing medium for people to communicate and interact. In today’s technologically advanced environment consumers have never been more willing or better prepared to engage via mobile marketing. By simply providing an opt-in for them to subscribe to specific information, relevant and timely messages can easily be sent. Information about upcoming events, new products or services, loan promotions or important reminders can seamlessly become a part of their day. Games, trivia challenges and customer satisfaction polls offer unique ways to drive participation. And with an easy-to-use content management system, new campaigns can quickly and easily be created, produced and implemented. While email blasts can be seen as intrusive and irritating, mobile is a way to target messaging to people who requested information from you, ensuring each communication is relevant and welcome. That sets the stage for a strong The use of audio can also be a powerful part of your retail marketing strategy. Whether it is a piece of music or a finely crafted announcement, each has the potential to move people like never before. With audio messaging and music, banks can create a private radio network for waiting areas and elevators. Unlike traditional radio that has third-party advertising or satellite/Internet radio that isn’t flexible to fit your needs, custom audio messages can be scheduled to play between songs. Furthermore, audio messaging and overhead music enhances the image of your bank. A friendly voice implies great customer service, and carefully selected music creates a mood around your products and enhances the brand. Before you start closing your branches, consider the various ways you can utilize technology to your — and to your customers’ — benefit. There are many advantages to having a branch network, including the convenience and sense of security it provides to customers while offering another channel for relationship building with your staff and your brand. Implementing several forms of technology in branches allows banks to connect and interact with customers in a way that is both fun and engaging. This ultimately provides the opportunity to build and grow long-lasting relationships that you would not be able to foster completely online. Mitchell Goss is the co-founder and vice president of Sales & Operations of Zero-In, a TBA endorsed provider of digital in-branch services and signage. To learn how a digital communication system can help your bank engage customers, contact Goss at [email protected] Interactive displays allow customers to navigate a video screen to access information or make a or 888-260-7291 extension 125. Visit Zero-In’s transaction. TBA website at zero-in.com/tba. @TEXASBANKERS TEXAS BANKING • OCTOBER 2015 15 NEWS & TRENDS SouthTrust branch features art from blind, visually impaired This fall, SouthTrust Bank opened its first Houston branch with a oneof-a-kind reception for clients and friends. The reception, “Illumination,” featured 18 works of 16 artists from The Lighthouse of Houston, a nonprofit organization serving individuals who are blind or visually impaired. Stuart Saunders, chairman of SouthTrust and principal of MissionHeights Enterprises Ltd., commissioned the art in coordination with his interior designer’s plans for the lobby and common areas of the offices. Saunders’ generosity was not a random gesture. His family has been an integral part of the Lighthouse since it was founded in 1939 by his great-grandfather, James Garfield Donovan, a civic leader who also founded Heights Savings Association, First Pasadena State Bank and other banking institutions in the city. Saunders’ father, former Channelview Bank President Fred Saunders, is also a supporter. He served as the chairman of the Lighthouse Board of Directors in the late 1970s and remains involved as a member of the organization’s Board of Trustees. Stuart Saunders served as chairman of the Lighthouse board from 2008 to 2010. “Stuart and his family have made significant contributions to The Lighthouse of Houston for more than seven decades,” said Lighthouse President Gibson M. DuTerroil. “Year after year, they demonstrate their confidence in the abilities and accomplishments of blind and visually impaired individuals, and this art exhibit is yet another example of that confidence.” Saunders’ commitment to promoting Lighthouse artists began in 2009, when the organization held its first art show. He purchased a number of pieces at that time and has continued to be a strong supporter of the art project. “When I considered decorating our offices with off-the-shelf artwork, it just felt hollow,” Saunders said. “I decided that there must be a better 16 SouthTrust Bank Chairman Stuart Saunders stands in front of a few of the 18 paintings he commissioned from The Lighthouse of Houston’s blind art students for the bank’s new Houston branch. Security Bank wraps up summer campaign Father and son bankers Fred (right) and Stuart Saunders are long-time supporters and past chairmen of the board of The Lighthouse of Houston. way, so I asked the folks at the Lighthouse if their art students could create some paintings that we could buy. That way we would get great art for our walls and the Lighthouse would get financial support for its programs — it was a true win-win.” He believes they are a great addition to the bank’s offices. “I look forward to having our clients ask about them and maybe purchase some of their own. They would fit in any home or office setting.” SouthTrust Bank was chartered in 1934 under the name First National Bank in George West. Today SouthTrust Bank has offices in George West, San Antonio, Three Rivers, Floresville, Pleasanton and Houston. TEXAS BANKING • OCTOBER 2015 Security Bank and the West Texas Food Bank celebrated the end of a successful campaign, “Be an Angel: Feed a Child,” on Aug. 13. The campaign resulted in awareness of hunger within West Texas, and more than $4,000 was raised to feed children this summer. The funds raised from the campaign will provide approximately 16,368 healthy meals to children in need. The campaign launched July 13 and lasted 30 days in honor of the WTFB’s 30th anniversary. Raffle tickets were sold in Security Bank branches, as well as at a RockHounds game on July 23. The Security Bank Solutions Team volunteered that evening, selling tickets on behalf of the WTFB. The raffle included an Apple Sport Watch and Night in a RockHounds suite. All donations went directly to the WTFB. The campaign was a collaboration between Security Bank and the West Texas Food Bank to see “Security Bank,” p. 19 NEWS & TRENDS Broadway Bank and Hispanic Chamber collect school supplies Broadway Bank and the San Antonio Hispanic Chamber of Commerce are celebrating six years of exciting growth and community partnerships in the annual Communities In Schools Stuff The Bus School Supply Drive. By leveraging all Broadway Bank locations and their customers, and the chamber’s strong membership, the two entities maximize collections for local students at the annual August event at the Broadway Bank Cheever Administration Building. Every year more and more corporate, business and non-profit partners take part in the joint collection drive, resulting in the biggest collection to date of 2,724 pounds of school supplies and more than $4,000 in monetary donations in 2015 for local students in need. “It is exciting for all of us at Broadway Bank to live and work in a community with such a generous spirit. Through our Care Corps Volunteer program, the Stuff The Bus School Supply Drive is one of the ways we focus on education,” said Jeannette Flores Westbrook, senior vice president, Community Reinvestment Manager. “It honors a legacy passed on to us by our founders, Col. Charles E. Cheever Helping make the Stuff The Bus event a success are, left to right, Lydia Rodriguez, executive vice president, Marketing Communications director, Broadway Bank; Luis Rodriguez, San Antonio Hispanic Chamber of Commerce; Jeannette Flores Westbrook, senior vice president, Community Reinvestment Manager; and Pam Parish, San Antonio region president, Broadway Bank. and Betty Cheever. Betty served on the Broadway Bank Board of Directors and was also a kindergarten teacher.” Customers generously drop into banking centers throughout the summer with their contributions to the drive. In addition, business customers set up bins and collect supplies at their companies and offices. Hispanic Chamber of Commerce members help pack the Broadway Bank conference room with backpacks and school supplies. Ramiro Cavazos, president and CEO of the San Antonio Hispanic Chamber of Commerce, addresses participants of the Stuff The Bus event. @TEXASBANKERS TEXAS BANKING • OCTOBER 2015 17 NEWS & TRENDS Pioneer Bank breaks ground on new building in Austin Pioneer Bank has broken ground on a new office building near the corner of 38th and Guadalupe Streets in Austin. The new building will support Pioneer’s rapidly growing Austin customer base and act as a central location for the bank’s business and community development efforts. “This building is in a prime location,” said Jeffrey Wilkinson, Pioneer Bank president and CEO. “Our current customers will enjoy the easy access to both commercial and consumer banking services. Plus we’ll have a community room to host meetings for nonprofit organizations like Back On My Feet, which plan on using the space to conduct financial literacy training.” The 35,000-square-foot building will also provide much-needed expansion space for the rapidly growing Pioneer Bank. In addition to Pioneer’s team of Austin bankers, the building will be home to some operational and administrative positions. “We expanded our Dripping Springs headquarters three years ago and, as of today, we are completely out of space,” said Wilkinson. “Our new 38th street building will accommodate our growth for many years to come.” The three-story building sports crisp lines, warm natural colors and regional limestone to fit nicely among the beautiful post oak trees on the Participating in the Pioneer Bank groundbreaking are, left to right, Elizabeth Blose, Joe Grasso, Whit Hanks, Jeff Wilkinson, Brian May, Mike McElhaney, Tyler Carpenter and Joe Dayoc. site. The positioning of the four-story parking garage on the south side of the property creates a quiet courtyard between the garage and office building, which will become a shady retreat for visitors and tenants. Another useable outdoor area on the northwest corner of the property will be generously landscaped and used for open-air gatherings and events. The bank will occupy the first floor of the stone and glass structure with room for expansion on the second and third floors. Construction is currently underway and is scheduled to be complete in late 2016. Established in 2007, Pioneer Bank, SSB is a Texas state savings bank with headquarters in Dripping Springs and branch offices in Austin, Kerrville, San Marcos and La Grange. As of June 30, Pioneer Bank reported total assets of $409 million, total loans of $294 million and total deposits of $365 million. Pioneer recently announced the signing of a definitive merger agreement with First Community Bank that, once closed, will form a $1.1 billion asset bank headquartered in Central Texas. We Wish to Welcome and Thank Our Newest Associate Member Environmental Lighting Service 3420 Dalworth St. Arlington, TX 76011-6816 Phone: 800-940-5448 www.elslight.com Environmental Lighting Service is your electrical, lighting and sign partner. We are family-owned and operated and are a certified woman-owned business. We specialize in installing, maintaining and upgrading all of your electrical, lighting and signage needs throughout Texas, including LED upgrades, EMC installs, lighting service, imaging and much more. We offer a full spectrum of selfperforming services and can meet or exceed your and your customers’ expectations. An artist rendering of the future home of Pioneer Bank in Austin. 18 TEXAS BANKING • OCTOBER 2015 NEWS & TRENDS Texas Capital Bank launches correspondent lending program Texas Capital Bank, a national leader in serving the mortgage industry, has launched a correspondent lending program (Mortgage Correspondent Aggregation) to complement its highly successful, multi-billion-dollar warehouse lending program, further expanding its legacy in the industry. The new division expects to hire 100 mortgage professionals in Richardson during the next year. “We have experienced exceptional growth in our warehouse lending program as a result of our unmatched expertise, superior customer service, customized technology and a commitment to exemplary quality,” said Gary Ort, president of Texas Capital Bank’s Mortgage Finance Division. “We saw an opportunity to leverage these assets — and our track record in the industry — to address a significant gap in the correspondent aggregation market. We designed a program from the ground up with the specialized needs of today’s mortgage bankers and financial institutions in mind.” The new correspondent lending program will introduce a new way for mortgage originators to work with their take-out investor. Texas Capital Bank is leveraging new technology to bring enhanced due diligence to the loan review process with the goal of reducing the risk of repurchase demands, while improving visibility into the process and reducing purchase times. “The origination sector needs innovative solutions that address the ongoing challenges of the mortgage industry,” said Jack Nunnery, executive vice president of correspondent lending. “We have invested heavily in a new paradigm that will better facilitate loan purchasing, while enhancing the profitability of our sellers.” One of the most unique aspects of the bank’s new service line is the use of state-of-the-art technology developed specifically for the aggregation space. Texas Capital Bank @TEXASBANKERS Security Bank continued from page 16 joined forces with a technology partner to develop a new correspondent platform that will be known to Texas Capital Bank correspondent sellers as Correspondent Hub. Texas Capital Bank is the first financial institution to integrate this technology, which launched in July and optimizes the interaction between correspondent sellers and investors. “Correspondent Hub will provide unparalleled functionality and access to all of the services they require — from correspondent application workflow and approval processes, to pricing and management of transactions, through loan funding and servicing — all in one, integrated, high-performing platform,” said Nunnery. raise awareness for childhood hunger, as well as to raise funds during the summer when donations are not as frequent. Approximately 27,000 West Texas children are food insecure, meaning they do not know when they will eat their next meal. Over 40 percent of the clients served at the WTFB are children. “We are proud to be a partner with the West Texas Food Bank and help fight hunger in our West Texas communities,” said Jim Smitherman, CEO of Security Bank. “It is with the help of our employees and customers that we can come together and continue making a difference alongside the West Texas Food Bank.” SA AVE THE DA ATE TE 2015 FINANCIAL SERVICES SYMPOSIUMS PRESENTED BY BKD THURSDA AY, NOVEMBER 19 AT&T ST TADIUM ADIUM ARLINGTON, TEXAS Frrom increasing capital to navigating the regulatory envirronment, onment, maintaining ÃÌ>LÌÞ>`}ÀÜÌ Ã>VÃÌ>ÌV >i}ivÀw>V>ÃÌÌÕÌðBKD National Financial Services Group can help. Join BKD and other industry iÝ«iÀÌÃ>ÌƂ/E/-Ì>`Õ>`iÝ«iÀiVi}Õ`>Vi«Ài«>À}vÀÌ ivÕÌÕÀi° Breakfast and lunch will be prrovided ovided at this all-day, CPE-eligible iÛiÌ]Ü V VÕ`iÃ>«Ì>ÌÕÀvƂ/E/-Ì>`Õ° To registerr, visit bkd.comÀÃV>Ì i+,V`i° Debbie Scanlon // ǣΰ{°{Èää TEXAS BANKING • OCTOBER 2015 19 NEWS & TRENDS Texas bankers complete GSBC TBA calendar of events O cto be r 1-2 29 6 TABC Convention, New Orleans Texas Bankers Foundation Board of Directors meeting, Austin TBA Board of Directors update call N o vem be r 3 TBA Board of Directors update call De cem be r 1-2 3 The Graduate School of Banking at Colorado graduated nine Texas banking professionals as part of the class of 2015. Left to right, they include: front row—Sean Woodring, NorthStar Bank, 3-4 CEO Forums, Austin TBA Board of Directors meeting, Austin Senior Lender Forums, Austin Granbury; Susanna Blevins, Texas Department of Savings and Mortgage Lending, Arlington; Olivia Bajaj, The Independent BankersBank, Farmers Branch; and Lino Garcia, Texas Department of Banking, San Antonio. Back row—Rodney White, Dalhart Federal Savings & Loan; Kyle Spragins, Legacy Texas, Frisco; Charles Lincavage, Legacy Texas, Dallas; Travis Graham, Texas Department of Banking, Austin; and Michael Gaines, Union State Bank, Killeen. 20 TEXAS BANKING • OCTOBER 2015 Looking to hire the best talent? www.texasbankers.com/jobbank NEWS & TRENDS TBA Professional Development Banking School Webinar - $275 ($550 nonmember) 5-day - $2,300 ($4,600 nonmember) Conference 4-day - $2,100 ($4,200 nonmember) 2-day - $595 ($1,190 nonmember) 3-day - $1,425 ($2,800 nonmember) 2-1/2 day - $625 ($1,250 nonmember) Compliance Update School - $725 ($1,450 nonmember) Management Development Program Professional Development $3,900 (1-year program) Full-day Seminar - $350 ($700 nonmember) Program pricing, dates & locations are subject to Evening Seminar - $145 ($290 nonmember) change. Banking school fees are based on single Shaping the Future of Banking occupancy and include housing and meals. All featured ABA courses are facilitated online courses and start on the date shown. Course lengths vary from five to 16 weeks and are noted on each course. For full descriptions and a list of self-paced online courses, please visit our website at www.texasbankers.com. October 2015 Analyzing Financial Statements TBA Schools & Conferences SCHOOLS Bank Manager School Oct. 19-21, Austin CONFERENCES Security & Risk Management Nov. 4-6, San Antonio Jan. 31-Feb. 4, San Antonio Technology Conference Feb. 24-26, San Antonio Lending School October 2015 Letters of Credit Webinar 6 1:30-3:30 p.m. Onboarding Your New Hire Webinar 7 1:30-3:30 p.m. Advanced Persistent IT Threats Webinar 8 1:30-3:30 p.m. Recent Accounting Update Webinar 9 1:30-3:30 p.m. Fair Lending Webinar 13 1:30-3:30 p.m. It’s More Than a Balancing Act Webinar 14 1:30-3:30 p.m. Texas Loan Documentation 15 Dallas 26 Houston Nov. 9 Lubbock Reg CC Update & Review Webinar 16 1:30-3:30 p.m. Commercial Real Estate Loan Documentation Webinar 19 1:30-3:30 p.m. Lending Compliance Update 19 San Antonio 20 Arlington Auditing for Compliance Webinar 20 1:30-3:30 p.m. (BSA) 22 1:30-3:30 p.m. (HMDA) 29 1:30-3:30 p.m. (Advertising) Reading Credit Reports Webinar 21 1:30-3:30 p.m. ODP: Legal, Compliance & Frontline Webinar 23 1:30-3:30 p.m. All webinars are Central Time Zone www.texasbankers.com/store 5 16 Weeks Agriculture & Rural Affairs Introduction to Agricultural Lending April 6-8, Fort Worth 5 8 Weeks CFO Conference Marketing Financial Services June 8-10, Lost Pines Senior Management Summit July 13-15, San Antonio 5 16 Weeks General Accounting The Professional Credit Analyst Webinar 13 16 Weeks Law and Banking: Applications 23 1:30-3:30 p.m. (Part 1) 26 1:30-3:30 p.m. (Part 2) 13 16 Weeks Principles of Banking Accelerated 13 10 Weeks When a Customer Dies Webinar Consumer Lending 27 1:30-3:30 p.m. (Loans) 28 1:30-3:30 p.m. (Deposits) 19 16 Weeks Principles of Banking 19 16 Weeks Commercial Lending FFIEC Cybersecurity SelfAssessment 26 12 Weeks Introduction to Mortgage Lending 30 1:30-3:30 p.m. 26 16 Weeks November 2015 November 2015 Federal Garnishments Requirements Webinar Analyzing Financial Statements 2 16 Weeks 3 1:30-3:30 p.m. CTFA Online Review Course Top 10 Loan Documentation Mistakes 4 1:30-3:30 p.m. Greenbook: Guide to Federal ACH Payments & Collections Webinar 5 1:30-3:30 p.m. 5 16 Weeks Principles of Banking 2 12 Weeks Principles of Banking 2 16 Weeks Managing Interest Rate Risk* 9 8 Weeks Money and Banking 9 16 Weeks Basic Administrative Duties of a Trustee 16 5 Weeks General Accounting 16 16 Weeks Law and Banking: Principles 16 16 Weeks December 2015 Consumer Lending 7 16 Weeks @TEXASBANKERS TEXAS BANKING • OCTOBER 2015 21 PARTNER FOCUS Give your bank the competitive edge with a good people strategy ou spend countless hours developing a business strategy for your bank — envisioning where you’ll be in three, five or 10 years. But what about your people strategy? From payroll and government compliance to training and employee retention, your daily human resources duties are probably taking more time than you have. What would it mean if you could hand over your bank’s HR administration and get help developing a true workforce strategy? You could get the competitive advantage knowing that piece of your puzzle was on course. Good news for you! The TBA has an endorsed partnership with Insperity, a leader in HR and business performance solutions. Y Our flagship Workforce Optimization® solution gives access to better benefits, stress-free payroll, workers’ compensation coverage and assistance with HR-related government compliance. Insperity helps protect your business through its co-employment model. Your bank enters into an agreement to establish a relationship between you, your employees and Insperity. We help you manage employer liabilities by sharing or helping to manage many of the employer-related responsibilities and risks. Like you, we understand the value of customer service and work hard to develop true relationships with our customers. As a Workforce Optimization® client, you will have a professional, dedicated service team that will give you personalized attention. Insperity’s business model is simple: We’re dedicated to helping businesses succeed by taking care of the things that could be distracting you from the bigger picture. We do this by helping you control expenses, minimize risk exposure and maximize your opportunities for revenue generation. When your bank succeeds, we’ve accomplished our goal. If you’d like to learn how Insperity can support your bank’s human resources strategy, contact Dick Grance at 512-814-9925 or [email protected]. Full service insurance team specializes in solutions for banks J.B. Lloyd & Associates, LLC specializes in providing insurance programs to the lending departments of community banks. Founded in 1988 in Dallas by President James B. Lloyd, J.B. Lloyd & Associates currently has nine employees. Our corporate headquarters are located in Dallas with a regional office in Punta Gorda, Fla. J.B. Lloyd & Associates is endorsed for its lender insurance LOOK FOR THE LOGO WHEN SELECTING THIRD PARTY PROVIDERS TBA Services Company manages the relationships with companies whose products and services are endorsed by TBA. 22 programs by the Texas Bankers Association and the Western Independent Bankers Association. J.B. Lloyd & Associates serves clients in all 50 states and is an industry leader authoring numerous articles on issues pertinent to insurance, banking and lending practices. Operating under the guiding principle of giving our clients the best possible protection and service at a fair price, J.B. Lloyd & Associates has grown to be one of the premier providers of lenders insurance for banks in Texas and the U.S. Some of the programs that J.B. Lloyd & Associates provides are Lender Place/Hazard and Flood insurance, Foreclosed Liability insurance, Lender Single Interest coverage and Mortgage Errors and Omissions and Impairment coverage. J.B. Lloyd & Associates only uses carriers that are A rated or above and are, therefore, held to the highest industry standards. J.B. Lloyd TEXAS BANKING • OCTOBER 2015 and Associates works with American Modern Insurance Group, American National Insurance Company and Lloyd’s of London. The team at J.B. Lloyd & Associates strives to serve our clients, whether it is keeping them up to date on regulatory and compliance issues, reviewing current policies, answering coverage questions or managing claims. This expert team can also provide quotes and current coverage review and lead your lending department through the sometimes overwhelming prospect of choosing the right coverage to suit the unique needs of the individual lender. Let J.B. Lloyd & Associates serve your bank’s lending coverage needs today. For more information contact Jim Lloyd at 972-248-2433 or [email protected]. No Bull. All Business. LOOK FOR THE LOGO Endorsement is granted by an eight-member TBASCO Board of Directors after thorough evaluation of the products or services, as well as the provider’s corporate structure, operations, financial strength, industry stability and other factors. Vetted and endorsed by the TBASCO Board of Directors ANOVA Financial Corporation Burkholder Corporation Computer Services, Inc. (CSI) Dealertrack Technologies Equias Alliance EverFi, Inc. Federal Home Loan Bank of Dallas FSI Wholesale & Reciprocal Funding; Public, Referral & Treasury Insured Deposits [email protected] Group Health, Life, Dental, Vision, Long Term Care, Long & Short Term Disability [email protected] Technology Management [email protected] Electronic Lien and Title Processing [email protected] Executive Benefit & BOLI Consulting [email protected] Web-based Financial Literacy Programs Letters of Credit; MPF Xtra program Digital Board Book Service [email protected] [email protected] [email protected] Harland Clarke Marketing Services, Strategy, Analytics, Creative & Production; Print & Electronic Statements; Survey Services [email protected] Harland Clarke Personal and Business Check Products & Accessories [email protected] Insperity Business Performance Solutions [email protected] Investment Professionals, Inc. (IPI) Non-Deposit Retail Investment Programs [email protected] JB Lloyd & Associates, LLC Lender-Placed Hazard & Flood and Mortgage Impairment/Errors & Omissions [email protected] Pentegra Retirement Services Promontory Interfinancial Network, LLC Q2 Senior Housing Crime Prevention Foundation Staples Advantage Stifel Financial Corp. Employee & Customer Retirement Plans Certificate of Deposit Account Registry Services (CDARS) [email protected] Online, Voice and Mobile Banking [email protected] Nursing & Veteran Home CRA Program/Loans & Investments [email protected] Bank, Office, Janitorial & Breakroom Supplies; Printing & Promotional Products; Furniture Fixed Income Capital Markets Merchant Services; Credit and Debit Cards; Prepaid Cards Vantiv Wolters Kluwer Financial Services Zero-In Media [email protected] Compliance Forms and Software Kiosks, Interactive Displays and Tablets [email protected] [email protected] [email protected] [email protected] [email protected] For more information about the products or services offered by these endorsed partners, please contact Wanda Stevens at 512-472-8388 or [email protected] TBASCO provides this information as a service to the member banks of the Texas Bankers Association. TBASCO promotes those products and services that it believes to merit consideration by TBA member banks. However, its endorsement is not intended as, and should not be construed as a guarantee of any product or service. The appropriateness of a particular product or service may vary from bank to bank. t h g i l t Spo COMMUNITY BANKER West banker helps rebuild his hometown Charles Nemec, president and CEO, Pointwest Bank, West n April 17, 2013, an explosion at the West Fertilizer Company facility caused death and destruction in the town of West. The explosion left 15 dead and injured more than 200 people. Millions of dollars of damage was caused in the town 18 miles north of Waco. Though still rattled from the disaster, members of the West community, including Pointwest Bank President and CEO Charles Nemec, were determined to help those that were most affected and begin to rebuild what was lost. “At first, it’s very emotional and you have to find a way to be able to talk to your customers and friends who were affected,” Nemec says. “It wasn’t unusual to have a couple come into my office and start crying. We had to tell them that we’re here to help them and hold each other.” Pointwest Bank has been instrumental in the recovery by being the depository bank to take in most of the donations — $2.3 million of the $3.6 million in total donations, according to Nemec. “We were sort of the trustees of those funds,” Nemec says of the donations to the West Texas Foundation. “That was a big challenge because some members of the community wanted money in their hands but the funds were for people to rebuild their homes that were damaged or destroyed.” O “It wasn’t unusual to have a couple come into my office and start crying. We had to tell them that we’re here to help them and hold each other.” An image of Charles Nemec (playing the trumpet) is featured in this mural on the H-35 retaining wall in West. Nemec says, as of last November, all of the $3.6 million has been allocated. It all went to individuals to rebuild their homes, no commercial ventures. Hometown of West Charles Nemec enjoys playing the piano for residents of West Rest Haven. 24 TEXAS BANKING • OCTOBER 2015 Charles Nemec was born and raised in West. He’s spent the majority of his life there. Nemec says West was a great place to grow up. He graduated from West High School in 1965 and recently attended his 50-year class reunion. Primarily interested in playing the trumpet during his youth, after a stint in community college, Nemec ended up at Baylor University to study music. “At Baylor, you had to be an absolute virtuoso pianist to be able to graduate with a music degree and I had fat fingers,” Nemec jokes. The truth is, the program required Nemec to attend class from 8:30 a.m. to 4:30 p.m. and that was a difficult schedule while he was also working to be able to put himself through college financially. Nemec switched to studying business and he doesn’t regret the decision. Music is still an integral part of his life. He has his own fivepiece group and he directs a church choir. Following his graduation from Baylor in 1970, Nemec had a brief stint in a management training program of the A&P grocery chain in Dallas. The big city life wasn’t for him so he reached out to his former professor at Baylor to find a job in either Waco or West. This professor, Grady H. Langford Jr., was the president of West Bank & Trust and taught economics at Baylor. Nemec went to speak with Langford at the bank in West and two weeks later he was offered a job at the bank. So on Feb. 1, 1971, Nemec started working at West Bank & Trust, which years later became Pointwest Bank — he’s worked at the same bank ever since. Banking in West Nemec moved his way up from proof operations to bookkeeping to teller to note teller before he became a loan officer after a couple years. He ran the day-to-day operations of the bank a few years later before eventually becoming president and CEO of West Bank & Trust. The bank’s name was changed to Pointwest Bank in 2007 after establishing branches in Hewitt and China Spring. “We needed to have more of a generic name because we play football against China Spring and using the name ‘West’ may not sit well with China Spring’s population,” Nemec explains. Pointwest Bank has three locations — West and the aforementioned Hewitt and China Spring — with roughly $100 million is assets. “We pride ourselves on exceptional customer service and knowing each and every customer when they come in the door,” Nemec @TEXASBANKERS Charles Nemec visits the World War II exhibit at the History of West Museum. says. “We offer the same products and services the big banks do.” Who is your hero? My dad Life outside of banking Nemec has been married to his wife Marsha for 46 years. They have three grown children: Carla, David and Natalie. One of Nemec’s obvious passions is music. He and fellow retired musicians can’t wait to return to play music for the residents of the newly rebuilt West Rest Haven, a rest home that was severely damaged from the explosion. Nemec serves on a committee through the West Texas Foundation to promote the city after the recovery — all the new homes, businesses and Czech influences like the Czech What is your favorite movie? “Raiders of the Lost Ark” Who is your favorite president? Ronald Reagan What is your favorite sports team? Baylor Bears What is your favorite quote? “Take it like water off a duck’s back.” Stop and Village Bakery. “We really have some good things that are happening in West and we want those good things to continue on in the future.” TEXAS BANKING • OCTOBER 2015 25 BANKER TO BANKER First National Bank of Giddings turns 125 By Donny Palmer, TBA Member Relations Officer “The town plat called for main thoroughfares to be 100 feet wide and streets 80 feet wide, which, when driving through town today, shows the founders’ foresight in planning.” he First National Bank of Giddings joins the exclusive group of eight Texas banks that mark their 125th anniversary this year. CEO Bill Landiss, employees and shareholders welcomed the community to a celebration at the Motor Bank facility. There were many customers and visitors at the event, including a special visit from the Giddings High School Buffalo Gals. The main bank location at 108 E. Austin was the original location of the bank when it was chartered in 1890, although the bank is no longer housed in the original building. In 1821, Giddings started out as a small community in the original Stephen F. Austin land grant that later became the Robertson colony. The name Giddings originated from Giles A. Giddings, one of the nine Texans killed in the Battle of San Jacinto. His brother, Jabez Deming Giddings, came from Pennsylvania to claim his brother’s land bounty and is said to have been involved in bringing the Houston and Texas Railroad to the area. William Marsh Rice owned the townsite and he sold property to settlers; in 1871, Giddings became an official town. By 1874, Giddings was the Lee County seat and soon became a prosperous cotton-farming area. In 1890, the First National Bank was started; by that time, Giddings had a blacksmith shop, saloons, saddle and harness shops, churches and a Granger store. The town plat called for main thoroughfares to be 100 feet wide and streets 80 feet wide, which shows the founders’ foresight in planning. By the early 1900s, Giddings was incorporated and had a population approaching 2,500 citizens. The railroads furthered the cotton farming and the town also had an oil mill, several gins and even an opera house. T Welcome new member TBA is proud to welcome this new member to our Texas Banking family: First United Bank and Trust Company Brandon Johnson Senior Vice President/McKinney President 1700 N. Redbud Blvd., McKinney, TX 75069 Phone: 972-548-3010 www.firstunitedbank.com The Giddings High School Buffalo Gals join, left to right, Chairman of the Board Jimmy Luecke, Donny Palmer and CEO Bill Landiss in celebrating the 125th anniversary of First National Bank of Giddings. The birth of the bank came amidst some colorful historic times in Texas history. Giddings has produced some notable figures over the years but probably William “Bill” Preston Longley is one of the more infamous residents of Lee County. Longley was born in Austin County and, after a 27-year reign of terror, has been called one of the most vicious murderers in American history. After the Civil War, he and several accomplices waged their own war against freed slaves. Gov. E. J. Davis started a state police force primarily made up from the black community, which irritated Longley to no end. He was actually hanged for stealing horses but as the posse rode away, one member fired two shots at the hanging men and one round broke the rope, saving Longley’s life. His next experience with a rope was not as fortunate as he was hanged in Giddings before a crowd of thousands in 1878. He claimed to have killed 32 men and women, mostly freed slaves. In 2011, CNN featured Giddings and Lee County as a “slice of little America.” Giddings, of course, would not have that moniker were it not for the presence and contribution of a true community bank like First National. We wish Bill and his staff continued success as they continue supporting their community and way of life. [email protected] 26 TEXAS BANKING • OCTOBER 2015 2015 -16 Board of Directors TBASCO and TBA wish to thank these board members for agreeing to serve. BRAD DURHAM, CHAIR Veritex Community Bank Irving KIRBY ANDREWS First Financial Bank, N.A. Sweetwater RANDALL DOBBS Prosperity Bank Bellaire WILLIAM JOSEPH GOETZ Jefferson Bank San Antonio BRIAN SCHNEIDER The First National Bank of Beeville DAVID MONK Citizen State Bank Tyler J. CARTER TOLLESON Tolleson Private Bank Dallas ERIC SANDBERG Texas Bankers Association Austin The TBA Services Company manages relationships with TBA endorsed partners who provide quality products and services to banks across Texas. Only after extensive due diligence and a vote by the TBASCO Board is a product or service granted TBA Endorsement. Call or email any of the following TBASCO staff whenever you have third party provider needs. 512.472.8388 • [email protected] • [email protected] • [email protected] YOUR ADVOCATE The problem with patent trolls By John Heasley, TBA General Counsel “When an NPE is the owner, the relief sought against the alleged infringer is typically the payment of damages in the amount of a royalty and payment for a license to continue use of the product until the patent expires.” or more than five years, holders of patents have been suing Texas banks alleging patent infringement. The plaintiffs are usually Non-Practicing Entities (NPEs) that have acquired preexisting patents. The latest NPE pursuing banks is a company out of Plano that was incorporated in 2015. The company is alleging that common systems and methods used by banks to transmit and store customer financial data through online and mobile applications infringe on claims on three patents owned by the company. Three banks have been sued in federal court in the Eastern District of Texas. One bank has been sued in Waco in the Western District. Dozens of other banks have received letters from the company urging the banks to meet with the plaintiff to see if their patents are being infringed. F How banks can defend patent infringement claims A patent gives an owner the right to exclude other parties from making, using, selling or offering a product specially adapted for practice of the claimed inventions. When an NPE is the owner, the relief sought against the alleged infringer is typically the payment of damages in the amount of a royalty and payment for a license to continue use of the product until the patent expires. Defending an infringement claim by an NPE is focused on three general issues: infringement, patent validity and damages. Infringement — The NPE must show that the asserted patent literally “treads on” an accused infringer’s device, system or process. Even if there is no literal infringement, claims can come under the doctrine of equivalents. This is an equitable doctrine that can expand the scope of claims beyond the literal language. ARE YOU FOLLOWING US ON TWITTER? More than 1,900 bankers and other individuals are following Texas Bankers and receiving the latest TBA Tweets. @texasbankers 28 TEXAS BANKING • OCTOBER 2015 Patent validity — The invalidity defense is one that asserts that even though the Patent and Trademark Office granted the patent, the patent is invalid because the inventor did not meet the basic requirements of patentability. Because a patent is presumed to be valid, the accused infringer has the burden of proving invalidity by an evidentiary standard of clear and convincing evidence. A patent can be invalid if the invention was not “novel,” the inventor had disclosed or tried to sell the invention more than a year before applying for the patent, fraud was involved in obtaining the patent or the invention is claiming subject matter that is not patentable. Damages — NPEs cannot recover lost profits. They can seek damages equal to a reasonable royalty, which is the amount the patent holder and the infringer would have agreed to in a hypothetical negotiation that would have taken place prior to the infringement. These defenses can be asserted if a federal patent infringement suit is brought against a bank or if a bank decides to pursue a declaratory judgment against the NPE. This is timeconsuming and expensive litigation. The median time that a federal court handles a patent suit to completion is two and a half years. Patent Office proceedings as an alternative to litigation — Inter partes review (IPR) is a procedure to challenge the validity of patent claims in the federal patent office through the Patent Trial and Appeal Board (PTAB). In some cases, IPR is preferable to federal district court action because the presumption of patent validity does not exist, the board can interpret defenses more favorable to invalidation and, unlike a federal judge or jury, the PTAB has technical expertise. Again, this can be costly for a bank defending a patent and if the PTAB rules that the patent is valid, its validity cannot be further challenged in court. Historically, PTAB proceedings are less costly than conventional court cases and are usually resolved within six months. If you have any question or would like to consult with us on patent litigation please call the TBA legal department at 512-472-8388. COMPLIANCE HOTLINE Hot topics: top three “need-to-know” updates By Silvia Maggio, Associate General Counsel, Compliance Alliance “In the last few months, there have been some important and interesting developments that could affect your bank.” n our fast-paced industry, it can be easy to miss important day-to-day updates. In the last few months, there have been some important and interesting developments that could affect your bank. From my perspective, the top three “need-to-know” updates include preparing for the Flood Escrow Rule in 2016; the Citizens Enforcement Action; and what the USA Freedom Act means for banks. I Are banks going to be required to escrow flood insurance? Are there any exceptions? What about existing loans? The Final Flood Regulations released in June implemented the requirement that lenders escrow flood insurance premiums and fees for all loans secured by residential real property (or mobile homes) beginning Jan. 1, 2016. In addition, lenders will be required to deliver new notices notifying borrowers of the escrow requirement. Following these changes, the model forms in the appendices have been revised and updated to include the escrow language. Those new model forms (or substantially similar language) will also need to be used beginning Jan. 1, 2016. The good news is that there are some exemptions, including the small creditor exemption; subordinate liens on a covered property; loans on property covered by an association’s flood coverage (e.g., RCBAP coverage); business and agricultural-purpose loans, HELOCs; non-performing loans; and short-term loans (12 months or less). Existing loans are not wholly exempt from the escrow requirement. Lenders are required to offer borrowers the option to escrow flood insurance premiums and fees on covered loans that are outstanding as of Jan. 1, 2016. However, that change in flood procedures does not have to be rolled out at the same time as the escrow requirement on new transactions. The flood updates give a grace period to come into compliance with those requirements and, therefore, lenders must give notice of the availability of flood escrow on existing accounts by June 30, 2016. That model form is also provided in the appendices to the regulation. @TEXASBANKERS What is the Citizens Bank Consent Order and what does that mean for my bank? A CFPB Consent Order was entered on Aug. 11 against RBS Citizens Group Inc. for Unfair Acts and Practices related to deposit discrepancies. Per the consent order, Citizens had a system in place wherein if the amount of a discrepancy went below a certain threshold, the bank would not verify the discrepancies between the deposit slip and the item. Prior to 2012, the threshold was $50 and after September 2012, the threshold was $25 for verification. In cases where the amount fell under the threshold amount, the bank credited the account for the total of the deposit slip even when it was known that the item the consumer deposited was in a different amount. The bank’s general ledger was then credited or debited with the difference between the amounts. The bank failed to give full credit to the customer when the deposit slip was less than the amounts deposited; in total, it was found that Citizens had under-credited its customers, and credited the bank’s general ledger, to the tune of $12.3 million. In addition, the bank’s own verification policy required a limited review when the amount fell between $23 and $50 (prior to February 2011) and later, between $5 and $20. However, the limited review was generally not completed and, therefore, most deposits that fell under the threshold were not verified. Finally, the bank’s advertising and account agreements were found to have either explicitly stated or implied that the every deposit would be verified when they were not. So this means that if you have a threshold amount for verifications, now would be a good time to look at that system and ensure that the appropriate checks are in place to avoid under-crediting your customers. Furthermore, it would be prudent to ensure the bank’s advertising is accurate as to deposit verification and that the bank and its employees are following its verification policies and procedures. Given that there has been a consent order on this issue, this is something that is more likely to be reviewed in your next exam and/or audit. see “Compliance Hotline,” p. 31 TEXAS BANKING • OCTOBER 2015 29 BANK PEOPLE Bridget Herring First Technology Services Abilene Annette M. McClintock Broadway Bank Austin Shane Louder Community National Bank Midland Julie Tarvin IBC Bank San Antonio Abilene First Technology Services Bridget Herring to vice president of the wholly owned subsidiary of First Financial Bankshares. Austin Broadway Bank Annette M. McClintock to senior vice president, business development officer and relationship manager. Midland Community National Bank Shane Louder to chief lending officer. San Antonio IBC Bank Julie Tarvin to service center CEO. Sherman Landmark Bank Greg Kirkpatrick to president. STATEMENT OF OWNERSHIP STATEMENT OF OWNERSHIP, MANAGEMENT, AND CIRCULATION (Requester Publications Only) 1. Publication Title: Texas Banking. 2. Publication Number: 0885-6907. 3. Filing Date: Sept. 18, 2015. 4. Issue Frequency: Monthly. 5. Number of Issues Published Annually: 12. 6. Annual Subscription Price: $20/$48/$96. 7. Complete Mailing Address of Known Office of Publication: 203 W. 10th St., Austin, Travis County, TX 78701-2388. Contact Person: Olivia Solis. Telephone: 512-472-8388. 8. Complete Mailing Address of Headquarters or General Business Office of Publisher: 203 W. 10th St., Austin, Travis County, TX 78701-2388. 9. Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor. Publisher: Eric Sandberg, 203 W. 10th St., Austin, TX 78701- 2388. Editor: Olivia Carmichael Solis, 203 W. 10th St., Austin, TX 78701-2388. Managing Editor: none. 10. Owner: Texas Bankers Association, 203 W. 10th St., Austin, TX 78701- 2388. 11. Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities: None. 13. Publication: Texas Banking. 14. Issue Date for Circulation Data: October 2015. 15. Extent and Nature of Circulation: Members of the Texas Bankers Association. A. Total Number of Copies (Net press run): Average No. Copies Each Issue During Preceding 12 months: 7,301; No. Copies of Single Issue Published Nearest to Filing Date: 7,202; B. Legitimate Paid and/or Requested Distribution (By Mail and Outside the Mail) (1) Individual Paid/Requested Mail Subscriptions Stated on PS Form 3541. (Include direct written request from recipient, telemarketing and Internet requests from recipient, paid subscriptions including nominal rate subscriptions, employer requests, advertiser’s proof copies, and exchange copies): Average No. Copies Each Issue During Preceding 12 Months: 7,147; No. Copies of Single Issue Published Nearest to Filing Date: 7,052. (2) In-County Paid/Requested Mail Subscriptions stated on PS Form 3541. (Include direct written request from recipient, telemarketing, and Internet requests from recipient, paid subscriptions including nominal rate subscriptions, employer requests, advertiser’s proof copies, and exchange copies: Average No. Copies Each Issue During Preceding 12 months: 0; No. Copies of Single Issue Published Nearest to Filing Date: 0; (3) Sales Through Dealers and Carriers, Street Vendors, Counter Sales, and other Paid or Requested Distribution Outside USPS: Average No. Copies Each Issue During Preceding 12 months: 0; Copies of Single Issue Published Nearest to Filing Date: 0. (4) Requested Copies Distributed by Other Mail Classes Through the USPS (e.g. First-Class Mail): Average No. Copies Each Issue During Preceding 12 Months: 0; No. Copies of Single Issue Published Nearest to filing date: 0. C. Total Paid and/or Requested Circulation (Sum of 15b (1), (2), (3), and (4): Average No. Copies Each Issue During Preceding 12 Months: 7,147; No. Copies of Single Issue Published Nearest to Filing Date: 7,052. D. Nonrequested Distribution (By Mail and Outside the Mail. (1). Outside County Nonrequested Copies Stated on PS Form 3541 (include Sample copies, Requests Over 3 years old, Requests induced by a Premium, Bulk Sales and Requests including Association Requests, Names obtained from Business Directories, Lists, and other sources): Average No. Copies Each Issue During Preceding 12 months: 0; No. Copies of Single Issue Published Nearest to Filing Date: 0. (2). In-County Nonrequested Copies Stated on PS Form 3541 (include Sample copies, Requests Over 3 years old, Requests induced by a Premium, Bulk Sales and Requests including Association Requests, Names obtained from Business Directories, Lists, and other sources): Average No. Copies Each Issue During Preceding 12 Months: 0; No. Copies of Single Issue Published Nearest to Filing Date: 0. (3). Nonrequested Copies Distributed Through the USPS by Other Classes of Mail (e.g., First-Class Mail, Nonrequester Copies mailed in excess of 10% Limit mailed at Standard Mail or Package Services Rates); Average No. Copies Each Issue During Preceding 12 Months: 31; No. Copies of Single Issue Published Nearest to Filing Date: 15. (4) Nonrequested Copies Distributed Outside the Mail (include Pickup Stands, Trade Shows, Showrooms and Other Sources): Average No. Copies Each Issue During Preceding 12 Months: 61; No. Copies of Single Issue Published Nearest to Filing Date: 50. E. Total Nonrequested Distribution (Sum of 15d (1), (2), (3) and (4)): Average No. Copies Each Issue During Preceding 12 months: 92; No. Copies of Single Issue Published Nearest to Filing Date: 65. F. Total Distribution (Sum of 15c and e): Average No. Copies Each Issue During Preceding 12 months: 7,239; No. Copies of Single Issue Published Nearest to Filing Date: 7,117. G. Copies Not Distributed: Average No. Copies Each Issue During Preceding 12 months: 62; No. Copies of Single Issue Published Nearest to Filing Date: 85. H. Total (Sum of 15f and g): Average No. Copies Each Issue During Preceding 12 months: 7,301; No. Copies of Single Issue Published Nearest to Filing Date: 7,202. I. Percent Paid and/or Requested Circulation (15c divided by f times 100): Average No. Copies Each Issue During Preceding 12 months: 99%; No. Copies of Single Issue Published Nearest to Filing Date: 99%. 16. Total circulation includes electronic copies. Report circulation on PS Form 3526-x worksheet. 17. Publication of Statement of Ownership for a Requester Publication is required and will be printed in the October 2015 issue of this publication. 18. Signature and Title of Editor, Publisher, Business Manager, or owner. I certify that all the information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties). Olivia Carmichael Solis, Editor. Date; Sept. 18, 2015. )XOO5DQJHRI3URIHVVLRQDO(QYLURQPHQWDO6HUYLFHV 3KDVH,,,(QYLURQPHQWDO6LWH$VVHVVPHQWV$VEHVWRV/HDG0ROG&RPSOLDQFH$XGLWV6WRUPZDWHU&RPSOLDQFH3URSHUW\&RQGLWLRQ5HSRUWV 3KDVH(QJLQHHULQJ¶V3KDVH,UHSRUWVFRPSO\ZLWKWKH(3$¶VHQYLURQPHQWDOVLWHDVVHVVPHQWUHTXLUHPHQWV /HQGHU$SSURYHG/LFHQVHG&HUWL¿HG )RUGHWDLOVRQKRZWKLVFRXOGDIIHFW\RXUWUDQVDFWLRQSOHDVHFDOORUHPDLOXV7RUHTXHVWDSURSRVDOYLVLWZZZH]HVDFRP _ZZZ3KDVH(QJLQHHULQJFRP_0HODQLH#3KDVH(QJLQHHULQJFRP 30 TEXAS BANKING • OCTOBER 2015 CLASSIFIEDS If you would like to place a position-wanted or available ad or an ad to sell or buy Compliance Hotline new and used bank equipment, call 800-336-1120 ext. 7053, fax 913-261-7010 or continued from page 29 e-mail [email protected]. The costs for classified ads are $50 for the first Did the Patriot Act expire? Does that mean banks no longer have to comply with CIP requirements? How does the USA Freedom Act affect my bank? 30 words, and $10 for each additional 10 words. Blind box ads are $20 extra. As a bonus, all ads will also appear for two months on the BankNews website (www.BankNews.com). Deadline is the 1st of the month prior to the issue. COMING SOON 2015 Fall Texas Banking Red Book ($50 plus S&H) with June 30, 2015, financial data. To order, call 800-3361120, ext. 7053 or order at www.TexasRedBookOnline.com. Texas Banking eBook The Texas Banking eBook is readable on iPhone/iPad and all other smartphones and tablets with eBook/ePub capability. The eBook contains the same information as the Red Book print edition, plus special interactive features such as phone and website links, searchable Chairman’s Forum continued from page 6 risky for many community banks. One example is fines of up to $5,000 per day per violation for non-compliance with some areas of the Truth in Lending Act. Compliance with the law has become much more complicated and any tolerance for mistakes has been eliminated. The areas mentioned above are just the tip of the iceberg in terms of added regulatory burden. Other areas impacting community banks are seen in The Durbin Amendment, the Volker Rule and requirements for enhanced risk management prac- by bank or city, and the ability to make notes, highlight entries and bookmark pages. To purchase, go to http://Bankers-eStore.com. There has been a lot of confusion over the sunsetting of provisions of the Patriot Act but the Patriot Act did not expire — only certain sections of it did. Those sections were then reinstated via the USA Freedom Act. However, the USA Freedom Act did not replace the Patriot Act, which means the provisions that affect banks — namely the CIP requirements — are, and have been, in place. The provisions that did sunset and were reinstated deal with intelligence collection. You can find more information by looking at the bill, which you find at HR 2048: https://www.congress.gov/114/bills/ hr2048/BILLS-114hr2048enr.pdf. ONLINE RED BOOK NOW AVAILABLE Texas Banking Red Book Online brings you all the information from the print version, plus the interactive benefits of online, including searchability by individual name, financial institution, primary and branch locations, or asset size. For more information, go to www.TexasRedBookOnline.com. tices, expanded use of Disparate Impact Theory, the Remittance Rule and the trickle down from the Basel Liquidity Coverage Ratio. Thankfully, Sen. Richard Shelby has taken up the regulatory burden issue in the Senate. His bill contains meaningful relief for community banks as well as our customers. We need to support his effort with our letters, our phone calls and our dollars. We have a chance to begin swinging the pendulum of over regulation back to a more neutral position. It takes advocacy efforts from all members of our industry. If you desire to get more involved, give me or any of the TBA staff a call. What else should I be on the lookout for? I would definitely stay tuned to the CFPB, which is expected to finalize both the proposed HMDA rules from last winter and the Prepaid Card rules. The HMDA rules are expected to be finalized this fall and the Prepaid Card rules are expected to be finalized in early 2016. Looking to hire the best talent? www.texasbankers.com/jobbank Index to Advertisers For information on advertising in Texas Banking magazine, please contact Scott Englert at [email protected] Company Name BKD, LLP Phone Website Page 713-499-4600 www.bkd.com 19 BOSC Financial 866-440-6515 www.boscinc.com/assetliability 20 Country Club Bank 800-288-5489 www.ccbcm.com 2 J.B. Lloyd & Associates 800-964-0360 www.lloyd-ins.com 17 www.pentegra.com 32 Kansas Bankers Surety Pentegra Retirement Services 785-228-0000 800-872-3473 ext. 9559 3 Phase Engineering 800-419-8881 www.PhaseEngineering.com 30 Texas Bankers Insurance Agency 800-318-4142 www.texasbankers.com/insurance 7 @TEXASBANKERS TEXAS BANKING • OCTOBER 2015 31