RECENT NEWS
		Appeals Court Hears ACORN Case The Third Court of Appeals heard oral argument Wednesday in the ACORN attack on the Finance Commission and Credit Union Commission interpretations of home equity.  The courtroom was packed with interested agency staff, banking attorneys and trade association reps (including Neeley and Burkett for IBAT).      Most of the arguments and questions from the justices involved whether or not an origination fee (which is interest under Texas usury law) is "interest" rather than a fee subject to the cap.  In addition, the justices heard arguments on whether convenience checks can be used for HELOCs, whether oral applications start the 12 day cooling off period, which documents must be copied at closing, and permissibility of using a power of attorney to close.      Now that we know the judges' hot buttons, IBAT is preparing to weigh in with a "friend of the court" brief.   IOLTA Rules Change The Supreme Court of Texas signed a court order to amend IOLTA Rule 7, requiring that Texas attorneys place IOLTA accounts at “eligible” institutions.  Eligible institutions are those that pay interest rates comparable to those paid to their similarly situated, non-IOLTA customers.  The rule change goes into effect on March 1, 2007.      In the next few days, the Texas Equal Access to Justice Foundation, administrator of the IOLTA Program, will be sending a packet of information on eligibility requirements to banks holding IOLTA accounts.  The rule mostly impacts large deposit accounts.  The Foundation will work with banks in an effort to ensure that they meet the eligibility requirements.  If a bank chooses not to pursue eligibility, attorneys will be required to move their IOLTA accounts.      For most IBAT member banks, the rule change will be a nonevent.  The major impact will be on the mega banks with extremely large balances for the mega law firms.  However, IBAT and TEAJF wanted to give you a heads up!   "Nixing Mixing" Banking and Commerce - FDIC Extends Moratorium on Commercially Owned ILCs As reported in the Special Capitol Comments on Thursday, the FDIC extended for a full year its moratorium on the applications for industrial loan companies (ILCs) owned by commercial firms.  The unanimous decision by the FDIC’s board of directors gives Congress more time to act on ICBA/IBAT-supported bipartisan legislation reintroduced last week (HR 698) that will close the ILC loophole in the Bank Holding Company Act, and it also halts movement, at least until January 31, 2008, by Wal-Mart, Home Depot and other commercial firms to own and operate ILCs.      This is a great victory for both ICBA and IBAT which have led the fight to keep commerce and banking separate, and we will continue to fight until the opportunity for commercial firms to own banks is permanently closed through legislation.  We thank the FDIC for extending the moratorium, and we also call upon IBAT members to contact their members of Congress to urge the passage of H.R. 698.      We are also pleased to report that House Financial Institutions Chairman Burt Solomons introduced an IBAT initiative to ban bank offices from the premises of commercial affiliates in Texas.  Similar legislation has passed in several other states.  This is very similar to legislation filed earlier by Representative Leibowitz.  We are appreciative of the efforts of these two gentlemen, and will continue to fight at both the state and federal levels to keep banking and commerce appropriately separate.  FDIC Press Release    IBAT’s Comment Letter  Texas Bill Language
LEGAL EASE QUESTION OF THE WEEK
		Question:  May we exclude part time employees from benefits?      To find out the answer, click on the flashing question mark.  And you can also check out our searchable database of other frequently asked questions.
IBAT EDUCATION FOUNDATION
		Question:  What are the four suggestions for money management for Teens in "Shopping for a Bank Account That Fits Your Style"?      Answer: 1. Shop around for a good deal. 2. Keep account records up-to-date. 3. Pay attention to bank statements and report errors. 4. Use the account responsibly.   Read the article on the IBAT Education Foundation website - in the resources for high school students, click on "Money Management for Teens"
SOLUTIONS FROM SERVICES
		Introducing the IBAT Benefits Advantage: Advantage Health Plans Trust! Rick Berg, FLMI, HIA, RHU, and Senior Vice President of USI Southwest, said that their due diligence identified and confirmed the Advantage Health Plans Trust (AHP) as a comprehensive health coverage program worthy of IBAT's endorsement. AHP is a Texas and Oklahoma licensed multiple employer welfare arrangement, providing self-funded benefits, to the member banks that own it. The program is only available to IBAT banks and associate members to provide medical, dental, vision, life & AD&D and disability coverage.  IBAT's due diligence consisted of surveying Oklahoma bankers who have been on the program for many years.  They said that they had tried other programs, but would not leave AHP because of their commitment to excellent customer service and affordable benefits.  Remember, the program is owned by community bankers and run by community bankers.  They understand your needs!  Contact Rick Berg at rick.berg@usi.biz or 800.392.2462 - your coverage can be effective by March 1st! http://www.advantagehealthplans.com
BAKER WEEKLY
		U.S. Adds 111K Jobs; Jobless Rate Increases to 4.6%...Read more in this week's Baker Weekly.   Although this information has been obtained from sources, which we believe to be reliable, we do not guarantee its accuracy. This is for information purposes only and is not intended as an offer or solicitation with respect to the purchase or sale of any security.
ON THE EDUCATION FRONT
		We'd like to take this opportunity to thank our Winter Summit sponsors:  SecureWorks  TriNet  State Bank  Greystone  The Baker Group  Clark Consulting Sales Culture Summit March 6-7, 2007 - Emily Morgan Hotel, San Antonio More information...   Designing Your Bank’s Sales Structure   How to both organize and implement your sales culture  Organization – Implementing Stage I, II, & III  Directing Sales – Who? and How?   Key elements of managing both sales activities and personnel  Specific duties of sales management  Staff sales training  Developing total staff participation  Meshing sales and marketing functions  Marketing Position as it relates to sales  Product training – Efficient, Effective, and Fun  Duties of bank management  Structuring your perpetual sales environment
COMING SOON
		For a complete listing of upcoming events, click here. Meanwhile, please mark your calendar for some of our key events for 2007.     Bank Investment Basics Summit February 22, 2007 - D/FW Airport   IBAT & TBA Joint Legislative Day February 28, 2007 - Austin IBAT Sales Culture Summit March 6-7, 2007 - San Antonio   Post-ICBA Convention Program March 8-11, 2007 - Maui, HI IBAT Leadership Conference June 14-16, 2007 - Hyatt Lost Pines Resort IBAT 33rd Annual Convention September 30 - October 2, 2007 - Fort Worth   TechMecca 2007 November 28-29, 2007 - Las Vegas