Texas Finance Code - Section 89.052. Disclosure Of Information Held By Department About An Association; Liability
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§ 89.052. DISCLOSURE OF INFORMATION HELD BY DEPARTMENT
ABOUT AN ASSOCIATION; LIABILITY. (a) The commissioner and an
examiner, supervisor, conservator, liquidator, inspector, deputy,
assistant, clerk, or other employee of the Savings and Loan
Department who is appointed or acting under this subtitle shall be
removed from the person's position with the department if the
person:
(1) does not keep secret a fact or information about an
association obtained during an examination or because of the
person's official position, except when the public duty of the
person requires otherwise; or
(2) wilfully makes a false official report about the
condition of an association.
(b) A report of an examination made to the commissioner is
confidential and is not a public record or available for public
inspection, except:
(1) for good reason the commissioner may make the
report public; and
(2) a copy of the report may be furnished to the
Federal Home Loan Bank Board or to the Federal Home Loan Bank to
meet the requirements of the Federal Home Loan Bank Act (12 U.S.C.
Section 1421 et seq.).
(c) When a supervisory order is issued under Chapter 66, the
commissioner shall report promptly to the finance commission and in
a closed meeting shall furnish any information about the
association or the person that is the subject of the order that the
commission members may require. Any information discussed in the
closed meeting is confidential.
(d) Unless this subtitle provides otherwise, this section
does not apply to any fact or information or to a report of an
investigation obtained or made by the commissioner or the
commissioner's staff in connection with an application for a
charter under this subtitle or with a hearing held by the
commissioner under this subtitle. The fact, information, or report
may be included in the record of the hearing.
(e) This section does not prevent the proper exchange of
information relating to associations with the representatives of
savings and loan departments of other states or any other
department, agency, or instrumentality of this or another state or
the United States if the commissioner determines the disclosure of
the information is necessary or proper to enforce the laws of this
or another state or the United States.
(f) An official who violates this section is liable to the
person injured by the disclosure of the secrets.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
Section: 89.003 89.004 89.005 89.006 89.007 89.008 89.051 89.052 89.101 89.102 91.001 91.002 91.003 91.004 91.005
Last modified: August 10, 2007
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