Texas Finance Code - Section 59.001. Definitions
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§ 59.001. DEFINITIONS. In this subchapter:
(1) "Civil action" means a civil proceeding pending in
a tribunal. The term does not include an examination or enforcement
proceeding initiated by:
(A) a governmental agency with primary
regulatory jurisdiction over a financial institution in possession
of a compliance review document;
(B) the Federal Deposit Insurance
Corporation or its successor; or
(C) the board of governors of the Federal
Reserve System or its successor.
(2) "Claim against a customer" means a writ of
attachment, writ of garnishment, notice of freeze, notice of levy,
notice of child support lien, notice of seizure, notice of
receivership, restraining order, injunction or other instrument
served on or delivered to a financial institution and purporting to
assert, establish, or perfect any interest in or claim against an
account, extension of credit, or product of the financial
institution held or established by the financial institution in the
name of the customer or for the benefit of the customer, or in the
name of the financial institution as the fiduciary, agent, or
custodian or in another representative capacity for the customer.
The term does not include citation or other process in a civil suit
in which the financial institution is made a defendant and against
which claims for affirmative relief are asserted, even though the
subject matter of the suit is an account, extension of credit, or
product of the financial institution held or established by the
financial institution in the name of a customer or in the name of
the financial institution as the fiduciary, agent, or custodian or
in another representative capacity for the customer.
(3) "Compliance review document" means a document
prepared by or for a compliance review committee acting pursuant to
Section 59.009.
(4) "Customer" means a person who uses, purchases, or
obtains an account, extension of credit, or product of a financial
institution or for whom a financial institution acts as a
fiduciary, agent, or custodian or in another representative
capacity.
(5) "Financial institution" has the meaning assigned
by Section 201.101, except that the term does not include a
financial institution organized under the laws of another state or
organized under federal law with its main office in another state
that does not maintain a branch or other office in this state.
(6) "Out-of-state financial institution" means a
financial institution, organized under the laws of another state or
organized under federal law with its main office in another state,
that has a branch or other office in this state.
(7) "Record" means financial or other information of a
customer maintained by a financial institution.
(8) "Record request" means a valid and enforceable
subpoena, request for production, or other instrument issued under
authority of a tribunal that compels production of a customer
record.
(9) "Texas financial institution" means a financial
institution organized under the laws of this state or organized
under federal law with its main office in this state.
(10) "Tribunal" means a court or other adjudicatory
tribunal with jurisdiction to issue a request for records,
including a government agency exercising adjudicatory functions
and an alternative dispute resolution mechanism, voluntary or
required, under which a party may compel the production of records.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 344, § 2.016, eff. Sept. 1, 1999.
Section: 36.314 37.001 37.002 37.003 37.004 37.005 37.006 59.001 59.002 59.003 59.004 59.005 59.006 59.007 59.008
Last modified: August 10, 2007
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