Texas Finance Code

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• Texas Finance Code Section 1.001 - Purpose Of Code
  (a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed ...
• Texas Finance Code Section 1.002 - Construction Of Code
  Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code. ...
• Texas Finance Code Section 1.003 - Reference In Law To Statute Revised By Code
  A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to ...
• Texas Finance Code Section 11.001 - Definitions
  (a) The definitions provided by Section 31.002 apply to this chapter. (b) In this chapter, "finance agency" means: (1) the Texas Department of Banking; (2) ...
• Texas Finance Code Section 11.002 - Purpose Of Commission; Strategic Plan
  (a) The finance commission is responsible for overseeing and coordinating the Texas Department of Banking, the Savings and Loan Department, and the Office of Consumer ...
• Texas Finance Code Section 11.101 - Appointment; Terms; Oath
  (a) The Finance Commission of Texas is composed of nine members appointed by the governor with the advice and consent of the senate. (b) Members ...
• Texas Finance Code Section 11.102 - Qualifications Of Members
  (a) A member of the finance commission must be a registered voter of this state. Not more than two members may be residents of the ...
• Texas Finance Code Section 11.1021 - Conflict Of Interest
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ...
• Texas Finance Code Section 11.103 - Removal Of Members
  (a) It is a ground for removal from the finance commission that a member: (1) does not have at the time of taking office the ...
• Texas Finance Code Section 11.104 - Expenses And Compensation Of Members
  A member of the finance commission is entitled to: (1) the reimbursement for reasonable and necessary expenses incidental to travel incurred in connection with the ...
• Texas Finance Code Section 11.105 - Matter In Which Member Has Personal Interest
  A member of the finance commission may not act or participate in the portion of a commission meeting during which the matter considered specifically relates ...
• Texas Finance Code Section 11.106 - Meetings
  (a) The finance commission shall hold at least six regular public meetings during each calendar year on dates set by the commission. (b) The presiding ...
• Texas Finance Code Section 11.107 - Presiding Officer
  (a) The governor shall appoint a member of the finance commission as presiding officer of the commission. The presiding officer serves at the will of ...
• Texas Finance Code Section 11.108 - Sunset Provision
  The finance commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is ...
• Texas Finance Code Section 11.109 - Standards Of Conduct
  The presiding officer of the finance commission or the presiding officer's designee shall provide to members of the finance commission, as often as necessary, information ...
• Texas Finance Code Section 11.110 - Training
  (a) A person who is appointed to and qualifies for office as a member of the finance commission may not vote, deliberate, or be counted ...
• Texas Finance Code Section 11.111 - Separation Of Functions
  The finance commission shall develop and implement policies that clearly separate the policymaking responsibilities of the finance commission and the management responsibilities of the banking ...
• Texas Finance Code Section 11.112 - Public Testimony
  The finance commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the finance commission and to speak ...
• Texas Finance Code Section 11.202 - Hearings Officer And Auditor
  (a) The finance commission shall direct a finance agency to employ an internal auditor to provide services to and facilitate commission oversight and control over ...
• Texas Finance Code Section 11.203 - Limitation On Direction Of Auditor
  The internal auditor reports to the finance commission and is not subject to direction by the employing finance agency. Acts 1997, 75th Leg., ch. 1008, ...
• Texas Finance Code Section 11.204 - Sharing Of Staff, Equipment, And Facilities; Allocation Of Costs
  (a) The finance commission shall use the staff, equipment, and facilities of the finance agencies to the extent necessary to carry out the finance commission's ...
• Texas Finance Code Section 11.301 - Banking Rules
  The finance commission may adopt banking rules as provided by Section 31.003. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. ...
• Texas Finance Code Section 11.302 - Savings Association And Savings Bank Rules
  (a) The finance commission may adopt rules applicable to state savings associations or to savings banks and may authorize state savings associations and savings banks ...
• Texas Finance Code Section 11.303 - Disclosure Of Certain Information To Finance Commission Prohibited
  Information regarding the financial condition of a state savings association or savings bank obtained through examination or otherwise may not be disclosed to a member ...
• Texas Finance Code Section 11.304 - Consumer Credit Rules
  The finance commission may adopt rules necessary to supervise the consumer credit commissioner and ensure compliance with Chapter 14 and Title 4. Acts 1997, 75th ...
• Texas Finance Code Section 11.305 - Research
  (a) The finance commission shall instruct the consumer credit commissioner to establish a program to address alternatives to high-cost lending in this state. The program ...
• Texas Finance Code Section 11.3055 - Financial Services Study
  (a) The finance commission may assign the banking commissioner, savings and loan commissioner, or consumer credit commissioner to conduct research on: (1) the availability, quality, ...
• Texas Finance Code Section 11.306 - Mortgage Broker Rules
  The finance commission may adopt mortgage broker rules as provided by Chapter 156. Added by Acts 1999, 76th Leg., ch. 1254, § 1, eff. Sept. ...
• Texas Finance Code Section 11.307 - Rules Relating To Consumer Complaints
  (a) The finance commission shall adopt rules applicable to each entity regulated by the Texas Department of Banking or the Savings and Loan Department specifying ...
• Texas Finance Code Section 11.308 - Interpretation Of Home Equity Lending Law
  The finance commission may, on request of an interested person or on its own motion, issue interpretations of Sections 50(a)(5)-(7), (e)-(p), (t), and (u), Article ...
• Texas Finance Code Section 12.001 - Definitions
  The definitions provided by Section 31.002 apply to this chapter. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. ...
• Texas Finance Code Section 12.101 - Banking Commissioner
  (a) The banking commissioner is the chief executive officer of the Texas Department of Banking. The finance commission, by at least five affirmative votes, shall ...
• Texas Finance Code Section 12.102 - Deputy Banking Commissioners
  (a) The banking commissioner shall appoint one or more deputy banking commissioners as necessary to the efficient operation of the department. The banking commissioner shall ...
• Texas Finance Code Section 12.103 - Compensation Of Employees Of Department
  (a) Chapter 654, Government Code, applies to a department position only if the position is classified in salary groups 1-10 under the General Appropriations Act. ...
• Texas Finance Code Section 12.104 - Oath Of Office
  Before assuming the duties of office, each deputy banking commissioner, examiner, assistant examiner, conservator, supervisor, and special agent, and each other officer or employee specified ...
• Texas Finance Code Section 12.105 - Fees, Revenue, And Expenses; Audit
  (a) The finance commission shall establish reasonable and necessary fees for the administration of this chapter, Chapter 11, Chapter 13, and Subtitle A, Title 3. ...
• Texas Finance Code Section 12.106 - Liability
  (a) The banking commissioner, a member of the finance commission, a deputy banking commissioner, an examiner, assistant examiner, supervisor, conservator, agent, or other officer or ...
• Texas Finance Code Section 12.107 - Conflict Of Interest
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state that: (1) is ...
• Texas Finance Code Section 12.108 - Consumer Information And Complaints
  (a) The banking commissioner shall: (1) prepare information of consumer interest describing: (A) the regulatory functions of the department; and (B) the department's procedures by ...
• Texas Finance Code Section 12.109 - Sunset Provision
  The office of banking commissioner is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the ...
• Texas Finance Code Section 12.111 - Standards Of Conduct
  The banking commissioner or the banking commissioner's designee shall provide to agency employees, as often as necessary, information regarding the requirements for office or employment ...
• Texas Finance Code Section 12.112 - Equal Employment Opportunity Policy
  (a) The banking commissioner or the banking commissioner's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity ...
• Texas Finance Code Section 12.113 - Employee Incentive Program
  The banking commissioner or the banking commissioner's designee shall provide to agency employees information and training on the benefits and methods of participation in the ...
• Texas Finance Code Section 13.001 - Definitions
  The definitions provided by Section 31.002 apply to this chapter. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. ...
• Texas Finance Code Section 13.0015 - Name Changes
  (a) The Savings and Loan Department is renamed the Department of Savings and Mortgage Lending and the savings and loan commissioner is renamed the savings ...
• Texas Finance Code Section 13.002 - Savings And Loan Commissioner
  (a) The savings and loan commissioner is the chief executive officer of the Savings and Loan Department. The finance commission, by at least five affirmative ...
• Texas Finance Code Section 13.003 - Deputy Commissioners
  (a) The savings and loan commissioner shall appoint one or more deputy savings and loan commissioners. (b) One deputy savings and loan commissioner must have ...
• Texas Finance Code Section 13.004 - Examiners
  The savings and loan commissioner shall appoint savings association and savings bank examiners. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. ...
• Texas Finance Code Section 13.005 - Compensation Of Officers And Employees
  (a) Subject to Subsection (b), each officer and employee of the Savings and Loan Department is entitled to compensation set by the finance commission. The ...
• Texas Finance Code Section 13.006 - Oath Of Office
  Before assuming the duties of office, each deputy savings and loan commissioner, examiner, assistant examiner, conservator, supervisor, and special agent and each other officer or ...
• Texas Finance Code Section 13.007 - General Powers And Duties Of Commissioner
  The savings and loan commissioner shall: (1) supervise and regulate the organization, operation, and liquidation of state savings associations, as provided by Subtitle B, Title ...
• Texas Finance Code Section 13.008 - Fees, Revenue, And Expenses; Audit
  (a) The finance commission shall establish reasonable and necessary fees for the administration of Subtitles B and C, Title 3, and Chapters 156 and 157, ...
• Texas Finance Code Section 13.009 - Conflicts Of Law
  If this chapter conflicts with Subtitle B or C, Title 3, this chapter controls. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, ...
• Texas Finance Code Section 13.010 - Conflicts Of Interest
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ...
• Texas Finance Code Section 13.011 - Consumer Information And Complaints
  (a) The savings and loan commissioner shall prepare information of consumer interest describing: (1) the regulatory functions of the Savings and Loan Department; and (2) ...
• Texas Finance Code Section 13.012 - Sunset Provision
  The office of savings and loan commissioner and the Savings and Loan Department are subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued ...
• Texas Finance Code Section 13.013 - Standards Of Conduct
  The savings and loan commissioner or the savings and loan commissioner's designee shall provide to agency employees, as often as necessary, information regarding the requirements ...
• Texas Finance Code Section 13.014 - Equal Employment Opportunity Policy
  (a) The savings and loan commissioner or the savings and loan commissioner's designee shall prepare and maintain a written policy statement that implements a program ...
• Texas Finance Code Section 13.015 - Employee Incentive Program
  The savings and loan commissioner or the savings and loan commissioner's designee shall provide to agency employees information and training on the benefits and methods ...
• Texas Finance Code Section 14.001 - Definitions
  (a) In this chapter: (1) "Document" includes books, accounts, correspondence, records, and papers. (2) "Office" means the Office of Consumer Credit Commissioner. (b) The definitions ...
• Texas Finance Code Section 14.051 - Consumer Credit Commissioner
  (a) The finance commission shall appoint the commissioner. (b) The commissioner: (1) serves at the will of the commission; and (2) is subject to orders ...
• Texas Finance Code Section 14.052 - Division Of Consumer Protection
  The division of consumer protection is a division in the office and is under the direction of the commissioner. Acts 1997, 75th Leg., ch. 1008, ...
• Texas Finance Code Section 14.053 - Compensation Of Employees Of Office
  (a) Chapter 654, Government Code, applies to an office position only if the position is classified in salary groups 1-10 under the state's position classification ...
• Texas Finance Code Section 14.054 - Oath Of Office.
  Before assuming the duties of office, the commissioner and each assistant commissioner, examiner, and other employee of the office must take an oath of office ...
• Texas Finance Code Section 14.055 - Liability
  (a) The commissioner or an assistant commissioner, examiner, or other employee of the office is not personally liable for damages arising from the person's official ...
• Texas Finance Code Section 14.056 - Conflict Of Interest
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ...
• Texas Finance Code Section 14.057 - Performance Evaluations; Merit Pay
  (a) The commissioner or a person designated by the commissioner shall develop a system of annual employee performance evaluations based on measurable job tasks. (b) ...
• Texas Finance Code Section 14.058 - Equal Employment Opportunity
  (a) The commissioner or the commissioner's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure ...
• Texas Finance Code Section 14.059 - Intra-Agency Career Ladder
  (a) The commissioner or a person designated by the commissioner shall develop an intra-agency career ladder program. (b) The program must require intra-agency posting of ...
• Texas Finance Code Section 14.060 - Financial Oversight
  (a) The commissioner, on the direction of the finance commission, shall report to the finance commission on all the receipts and expenditures of the office. ...
• Texas Finance Code Section 14.061 - Cost Of Audit
  The cost of an audit of the office under Chapter 321, Government Code, shall be paid to the state auditor from the funds of the ...
• Texas Finance Code Section 14.062 - Consumer Information And Complaints
  (a) The office shall maintain a file on each written complaint filed with the office. The file must include: (1) the name of the person ...
• Texas Finance Code Section 14.063 - Application Of Open Meetings Law
  The office is a governmental body subject to Chapter 551, Government Code. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. ...
• Texas Finance Code Section 14.064 - Consumer Information
  The commissioner shall: (1) prepare information of consumer interest describing: (A) the regulatory functions of the office; and (B) the office's procedures by which consumer ...
• Texas Finance Code Section 14.065 - Office Employees
  The commissioner may appoint, remove, and prescribe the duties of assistant commissioners, examiners, and other employees as necessary to maintain and operate the office, including ...
• Texas Finance Code Section 14.066 - Sunset Provision
  The office is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished ...
• Texas Finance Code Section 14.067 - Employee Incentive Program
  The commissioner or the commissioner's designee shall provide to agency employees information and training on the benefits and methods of participation in the state employee ...
• Texas Finance Code Section 14.101 - General Duties Of Commissioner
  The commissioner shall enforce this chapter, Subtitles B and C of Title 4, and Chapter 394 in person or through an assistant commissioner, examiner, or ...
• Texas Finance Code Section 14.102 - Educational And Debt Counseling Programs
  The commissioner shall coordinate, encourage, and assist public and private agencies, organizations, groups, and consumer credit institutions in developing and operating voluntary educational and debt ...
• Texas Finance Code Section 14.103 - Consumer Protection Programs
  The commissioner, through the division of consumer protection, shall coordinate, encourage, and assist public and private agencies, organizations, groups, and consumer protection institutions in developing ...
• Texas Finance Code Section 14.104 - Lender Contracts
  A written contract of an authorized lender subject to regulation by the office must contain the name, mailing address, and telephone number of the office. ...
• Texas Finance Code Section 14.105 - Gifts And Grants
  (a) The commissioner may accept money, gifts, or grants on behalf of the state for a purpose related to a consumer credit educational opportunity or ...
• Texas Finance Code Section 14.106 - Information Regarding Employment Requirements
  The commissioner or the commissioner's designee shall provide to agency employees, as often as necessary, information regarding the requirements for employment under this chapter, including ...
• Texas Finance Code Section 14.107 - Fees
  (a) The finance commission shall establish reasonable and necessary fees for carrying out the commissioner's powers and duties under this chapter, Title 4, and Chapters ...
• Texas Finance Code Section 14.108 - Interpretations Of Law
  (a) The commissioner may issue an interpretation of this chapter or Subtitle A or B, Title 4, after approval of the interpretation by the finance ...
• Texas Finance Code Section 14.151 - Obtaining Information
  (a) The commissioner or an assistant commissioner, examiner, or other employee of the office shall obtain criminal history record information maintained by the Department of ...
• Texas Finance Code Section 14.152 - Fingerprint Requirement; Penalty
  The commissioner may refuse to grant a license to, or may suspend or revoke the license of, an applicant or license holder who fails to ...
• Texas Finance Code Section 14.153 - Action By Law Enforcement Agencies
  (a) The commissioner shall send fingerprints and other identification information to the Department of Public Safety to be retained by that department. (b) The Department ...
• Texas Finance Code Section 14.154 - Confidentiality
  (a) Criminal history record information received by the office is confidential and is for the exclusive use of the office. (b) Except on court order ...
• Texas Finance Code Section 14.155 - Disclosure; Offense
  (a) The office may not provide a person being investigated under this subchapter with a copy of the person's criminal history record obtained from the ...
• Texas Finance Code Section 14.156 - Recovery Of Costs
  In addition to an investigation fee paid to the commissioner by a license applicant, the commissioner is entitled to recover from an applicant or license ...
• Texas Finance Code Section 14.157 - Rules
  The finance commission shall adopt rules governing the custody and use of information obtained under this subchapter. Acts 1997, 75th Leg., ch. 1008, § 1, ...
• Texas Finance Code Section 14.201 - Investigation And Enforcement Authority
  Investigative and enforcement authority under this subchapter applies only to this chapter, Subtitles B and C of Title 4, and Chapter 394. Acts 1997, 75th ...
• Texas Finance Code Section 14.202 - Request For Information; Failure To Comply
  (a) On receipt of a written complaint or other reasonable cause to believe that a person is violating a statute listed by Section 14.201, the ...
• Texas Finance Code Section 14.203 - Issuance Of Subpoena Or Summons
  (a) During an investigation, the commissioner may issue a subpoena or summons that is addressed to a peace officer of this state and requires the ...
• Texas Finance Code Section 14.204 - Enforcement Of Subpoena; Contempt
  (a) If a person disobeys a subpoena or if a witness appearing before the commissioner refuses to testify, the commissioner may petition the district court ...
• Texas Finance Code Section 14.205 - Investigation By Hearing Officer
  (a) During an investigation described by this subchapter, the commissioner may appoint a hearing officer to conduct the investigation. (b) On appointment, a hearing officer ...
• Texas Finance Code Section 14.206 - Fees And Expenses
  (a) The fee for serving a subpoena under this subchapter is the same as that paid a sheriff or constable for performing a similar service. ...
• Texas Finance Code Section 14.207 - Imposition Of Costs On Parties
  The commissioner may impose on a party in interest of record fees, expenses, or costs incurred in connection with a hearing or may divide the ...
• Texas Finance Code Section 14.208 - Injunction; Appeal
  (a) If the commissioner has reasonable cause to believe that a person is violating a statute to which this chapter applies, the commissioner, in addition ...
• Texas Finance Code Section 14.209 - Appointment Of Receiver
  (a) In addition to other remedies for the enforcement of a restraining order or injunction, the court in which an action is brought under Section ...
• Texas Finance Code Section 14.251 - Assessment Of Penalty; Restitution Order
  (a) The commissioner may assess an administrative penalty against a person who knowingly and wilfully violates or causes a violation of this chapter, Chapter 394, ...
• Texas Finance Code Section 14.252 - Amount Of Penalty
  (a) The commissioner may assess an administrative penalty for a violation in an amount not to exceed $1,000 for each day of the violation. (b) ...
• Texas Finance Code Section 14.253 - Report On Violation
  If the commissioner determines that a violation occurred, the commissioner may issue a report that states: (1) the facts on which the determination is based; ...
• Texas Finance Code Section 14.254 - Notice Of Report On Violation And Penalty Recommendation
  (a) Not later than the 14th day after the date on which a report is issued, the commissioner shall give written notice of the report ...
• Texas Finance Code Section 14.255 - Response Of Person Receiving Notice
  Not later than the 20th day after the date on which a person receives notice under Section 14.254, the person may: (1) accept in writing ...
• Texas Finance Code Section 14.256 - Acceptance Of Penalty
  If a person accepts the determination and recommended penalty of the commissioner, the commissioner by order shall approve the determination and impose the recommended penalty. ...
• Texas Finance Code Section 14.257 - Hearing On Penalty; Order
  (a) If a person requests a hearing or fails to give a timely response to the notice, the commissioner shall set a hearing and give ...
• Texas Finance Code Section 14.258 - Stay Of Penalty; Suit By Attorney General
  (a) The enforcement of the penalty may be stayed during the time the order is under judicial review if the person pays the penalty to ...
• Texas Finance Code Section 14.259 - Recovery Of Costs
  In addition to the administrative penalty or restitution amount, the court may authorize the commissioner to recover from a person who pays an administrative penalty ...
• Texas Finance Code Section 14.260 - Administrative Procedure Act
  A proceeding under this subchapter is subject to Chapter 2001, Government Code. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. ...
• Texas Finance Code Section 14.261 - Acceptance Of Assurance
  (a) In administering this chapter, the commissioner may accept assurance of voluntary compliance from a person who is engaging in or has engaged in an ...
• Texas Finance Code Section 14.262 - Effect Of Assurance
  (a) An assurance of voluntary compliance is not an admission of a violation of: (1) this chapter or a rule adopted under this chapter; (2) ...
• Texas Finance Code Section 14.263 - Reopening
  A matter closed by the filing of an assurance of voluntary compliance may be reopened at any time. Added by Acts 2005, 79th Leg., ch. ...
• Texas Finance Code Section 14.264 - Right To Bring Action Not Affected
  (a) An assurance of voluntary compliance does not affect the right of an individual to bring an action, except as provided in Chapter 349 and ...
• Texas Finance Code Section 14.301 - Appeal Of Final Decision Of Commissioner
  A party in interest aggrieved by a final decision of the commissioner is entitled to judicial review. Acts 1997, 75th Leg., ch. 1008, § 1, ...
• Texas Finance Code Section 14.302 - Appeal Of License Withholding Or Revocation
  An appeal of a decision of the commissioner refusing to grant a license to an applicant or revoking the license of a license holder shall ...
• Texas Finance Code Section 14.303 - Stay Of Order Pending Appeal
  On a showing of good cause, the commissioner or the reviewing court may enter an order staying the effect of a final decision of the ...
• Texas Finance Code Section 15.001 - Definitions
  (a) In this chapter, "trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors designed to assist its members and ...
• Texas Finance Code Section 15.101 - Composition Of Department
  The department is composed of: (1) the commission; (2) the commissioner; and (3) other department officers and employees. Acts 1997, 75th Leg., ch. 1008, § ...
• Texas Finance Code Section 15.102 - Regulation Of Credit Unions
  The department shall supervise and regulate credit unions as provided by this chapter and Subtitle D, Title 3. Acts 1997, 75th Leg., ch. 1008, § ...
• Texas Finance Code Section 15.103 - Study Of Statutes
  The department periodically shall comprehensively study the statutes of this state as they pertain to credit union operations. Acts 1997, 75th Leg., ch. 1008, § ...
• Texas Finance Code Section 15.104 - Fiscal Report
  (a) The department shall annually prepare a complete and detailed written report accounting for all money received and disbursed by the department during the preceding ...
• Texas Finance Code Section 15.201 - Appointment; Terms
  (a) The commission is composed of nine members appointed by the governor with the advice and consent of the senate. (b) Commission members serve staggered ...
• Texas Finance Code Section 15.202 - General Qualifications Of Commission Members
  (a) No two commission members may be residents of the same state senatorial district. (b) A commission member may not be: (1) an officer, employee, ...
• Texas Finance Code Section 15.203 - Qualifications Of Industry Commission Members
  (a) Four commission members must be individuals who: (1) have five years or more of active experience as a director, officer, or committee member of ...
• Texas Finance Code Section 15.204 - Qualifications Of Public Commission Members
  (a) Five commission members must be representatives of the public. A person is not eligible for appointment as a public member of the commission if ...
• Texas Finance Code Section 15.2041 - Training Program
  (a) To be eligible to take office as a member of the commission, a person appointed to the commission must complete at least one course ...
• Texas Finance Code Section 15.205 - Vacancies
  The office of a commission member becomes vacant: (1) on the death, resignation, or removal of the member; or (2) if the member ceases to ...
• Texas Finance Code Section 15.206 - Removal
  (a) A ground for removal of a commission member by the governor exists if a member: (1) neglects the member's duty; (2) is incompetent; or ...
• Texas Finance Code Section 15.207 - Expenses And Compensation Of Commission Members
  (a) A commission member may not receive compensation or a benefit because of the member's service on the commission except as provided by Subsection (b). ...
• Texas Finance Code Section 15.208 - Matter In Which Commission Member Has Personal Interest
  (a) A commission member may not act on a matter under the commission's consideration that directly affects a credit union of which the member is ...
• Texas Finance Code Section 15.209 - Meetings
  (a) The commission shall hold at least two regular meetings each year. (b) The chairman, the commissioner, or five commission members may call a special ...
• Texas Finance Code Section 15.210 - Presiding Officer
  The governor shall designate a member of the commission as presiding officer of the commission to serve in that capacity at the will of the ...
• Texas Finance Code Section 15.211 - Suit For Official Act Or Omission
  (a) The attorney general shall defend an action brought against a commission member or an officer or employee of the commission because of the person's ...
• Texas Finance Code Section 15.212 - Sunset Provision
  The Credit Union Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission ...
• Texas Finance Code Section 15.301 - Commissioner
  (a) The commission shall appoint a commissioner by affirmative vote of two-thirds of the membership of the commission. (b) The commissioner serves at the will ...
• Texas Finance Code Section 15.302 - Qualifications Of Commissioner
  (a) The commissioner must have at least five years' practical experience in the operation of credit unions during the 10 years preceding the commissioner's appointment. ...
• Texas Finance Code Section 15.303 - Deputy Commissioner
  (a) Subject to the commission's approval, the commissioner may appoint a deputy commissioner, who must have the qualifications required of the commissioner. (b) The deputy ...
• Texas Finance Code Section 15.304 - Examiners
  (a) The commissioner shall appoint a sufficient number of credit union examiners to perform fully the duties imposed by the laws of this state. (b) ...
• Texas Finance Code Section 15.305 - General Counsel
  A person who is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of ...
• Texas Finance Code Section 15.306 - Oath
  Before assuming the duties of office, the commissioner, the deputy commissioner, each examiner, and each other officer or employee of the commission must take an ...
• Texas Finance Code Section 15.307 - Officers Of Commission And Department
  Each officer of the commission and department, except a commission member, is an employee of the commission and is subject to the commission's orders and ...
• Texas Finance Code Section 15.308 - Compensation Of Employees
  (a) The commission shall set the compensation of the commissioner and deputy commissioner. The compensation shall be paid according to the General Appropriations Act. (b) ...
• Texas Finance Code Section 15.309 - Intra-Agency Career Ladder
  (a) The commissioner or a person designated by the commissioner shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for ...
• Texas Finance Code Section 15.310 - Performance Evaluation
  (a) The commissioner or a person designated by the commissioner shall develop a system of annual performance evaluations that are based on documented employee performance. ...
• Texas Finance Code Section 15.311 - Qualifications Of Employees
  A person may not be an employee of the department who is exempt from the state's position classification plan or is compensated at or above ...
• Texas Finance Code Section 15.312 - Information Provided To Members And Employees
  The commissioner or the commissioner's designee shall provide to members of the commission and to department employees, as often as necessary, information regarding their qualification ...
• Texas Finance Code Section 15.313 - Equal Employment Opportunity Policy
  (a) The commissioner or a person designated by the commissioner shall prepare and maintain a written policy statement to assure implementation of a program of ...
• Texas Finance Code Section 15.401 - Supervision Of Commissioner
  The commission shall supervise, consult with, and advise the commissioner. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. ...
• Texas Finance Code Section 15.402 - Adoption Of Rules
  (a) The commission may adopt reasonable rules necessary to administer this chapter and to accomplish the purposes of Subtitle D, Title 3. (b) In adopting ...
• Texas Finance Code Section 15.4021 - Receipt Of Public Comments; Notice Of Commission Activities
  (a) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on ...
• Texas Finance Code Section 15.4022 - Rules Relating To Competitive Bidding And Advertising
  (a) The commission may not adopt rules restricting competitive bidding or advertising by a credit union except to prohibit false, misleading, or deceptive practices. (b) ...
• Texas Finance Code Section 15.4023 - Separation Of Responsibilities
  The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the commissioner and the ...
• Texas Finance Code Section 15.403 - Supervision And Regulation Of Credit Unions
  The commissioner shall supervise and regulate a credit union doing business in this state, other than a federal credit union, in accordance with this chapter ...
• Texas Finance Code Section 15.4031 - Credit Union Commissioner Hearing
  (a) The commissioner may convene a hearing to receive evidence and argument regarding any matter under this chapter or Subtitle D, Title 3, before the ...
• Texas Finance Code Section 15.4032 - Examination Of Related Entities
  (a) In accordance with rules adopted by the commission, the commissioner may examine, to the same extent as if the services or activities were performed ...
• Texas Finance Code Section 15.404 - Administration And Enforcement Of Statutes And Rules
  The commissioner shall administer and enforce this chapter and Subtitle D, Title 3, and rules adopted under this chapter and Subtitle D, Title 3. Acts ...
• Texas Finance Code Section 15.4041 - Issuance Of Interpretive Statements
  (a) The commissioner may issue interpretive statements containing matters of general policy to guide the public and credit unions, and may amend or repeal a ...
• Texas Finance Code Section 15.4042 - Issuance Of Opinion
  (a) In response to a specific request from a member of the public or the credit union industry, the commissioner may issue an opinion directly ...
• Texas Finance Code Section 15.4043 - Effect Of Interpretive Statement Or Opinion
  An interpretive statement or opinion issued under this subchapter does not have the force of law and is not a rule for the purposes of ...
• Texas Finance Code Section 15.405 - Legislative Recommendations
  The commissioner shall report the department's legislative recommendations to the legislature for consideration. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. ...
• Texas Finance Code Section 15.406 - Attendance At Commission Meetings; Voting
  The commissioner shall attend meetings of the commission but may not vote at a meeting. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. ...
• Texas Finance Code Section 15.407 - Official Committees
  The chairman may appoint individuals who are not commission members to serve on official committees that are charged with evaluating industry methods or problems and ...
• Texas Finance Code Section 15.408 - Collection Of Money
  The commissioner shall collect all fees, charges, and revenues required to be paid by a credit union under Section 15.402(c). All money paid to the ...
• Texas Finance Code Section 15.409 - Consumer Information And Complaints
  (a) The commissioner shall: (1) supervise the preparation of public interest information describing: (A) functions of the department; (B) procedures for filing and resolving complaints; ...
• Texas Finance Code Section 15.4091 - Access To Department Facilities, Programs, And Services
  (a) The department shall comply with federal and state laws related to program and facility accessibility. (b) The commissioner shall prepare and maintain a written ...
• Texas Finance Code Section 15.410 - Share And Depositor Insurance Protection
  (a) The commission shall adopt, and the commissioner shall enforce, reasonable rules requiring a credit union to provide share and deposit insurance protection for credit ...
• Texas Finance Code Section 15.411 - Agreements With Other Regulators
  (a) The commissioner may enter into an agreement with any credit union supervisory agency regarding the examination or supervision of branch offices of credit unions ...
• Texas Finance Code Section 15.412 - Filing Group Return With The Internal Revenue Service
  (a) The commissioner may file a consolidated group return form with the Internal Revenue Service on behalf of all credit unions under the department's jurisdiction. ...
• Texas Finance Code Section 15.413 - Interpretation Of Home Equity Lending Law
  The commission may, on request of an interested person or on its own motion, issue interpretations of Sections 50(a)(5)-(7), (e)-(p), (t), and (u), Article XVI, ...
• Texas Finance Code Section 15.414 - Authority To Contract For Professional Or Personal Services
  For the purpose of carrying out the powers, duties, and responsibilities of the department, the commissioner may negotiate, contract, or enter into an agreement for ...
• Texas Finance Code Section 15.415 - Gifts Of Money Or Property
  The department may accept money or property by gift, bequest, devise, or otherwise for any department purpose authorized by this chapter and Subtitle D, Title ...
• Texas Finance Code Section 31.001 - Short Title
  This subtitle may be cited as the Texas Banking Act. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. ...
• Texas Finance Code Section 31.002 - Definitions
  (a) In this subtitle: (1) "Affiliate" means a company that directly or indirectly controls, is controlled by, or is under common control with a bank ...
• Texas Finance Code Section 31.003 - Banking Rules
  (a) The finance commission may adopt rules to accomplish the purposes of this subtitle and Chapters 11, 12, and 13, including rules necessary or reasonable ...
• Texas Finance Code Section 31.004 - Unauthorized Banking
  (a) Except as otherwise provided by law, a person other than a depository institution authorized to conduct business in this state may not conduct the ...
• Texas Finance Code Section 31.005 - Implying That Person Is Bank
  (a) A person may not use the term "bank," "bank and trust," or a similar term or a character, ideogram, phonogram, phrase, or foreign language ...
• Texas Finance Code Section 31.006 - Liability Of Depository Institution Directors And Personnel
  (a) The provisions of the Texas Business Corporation Act regarding liability, defenses, and indemnification of a director, officer, agent, or employee of a corporation apply ...
• Texas Finance Code Section 31.007 - Exemption Of Bank Directors And Personnel From Securities Law
  (a) An officer, director, manager, managing participant, or employee of a bank that has its main office or a branch located in this state with ...
• Texas Finance Code Section 31.101 - General Duties Of Banking Commissioner
  The banking commissioner shall: (1) supervise and regulate, as provided by this subtitle, Subtitles F and G, and Chapter 12, state banks, trust companies, and ...
• Texas Finance Code Section 31.102 - Issuance Of Interpretive Statements
  (a) The banking commissioner may issue interpretive statements containing matters of general policy to guide the public and state banks, and may amend or repeal ...
• Texas Finance Code Section 31.103 - Issuance Of Opinion
  (a) In response to a specific request from a member of the public or the banking industry, the banking commissioner may issue an opinion directly ...
• Texas Finance Code Section 31.104 - Effect Of Interpretive Statement Or Opinion
  An interpretive statement or opinion issued under this subchapter does not have the force of law and is not a rule for the purposes of ...
• Texas Finance Code Section 31.105 - Examination Required
  (a) The banking commissioner shall examine each state bank not less than once during each 12-month period, except that this examination is required not less ...
• Texas Finance Code Section 31.106 - Cost Of Regulation
  Each state bank shall pay, through the imposition and collection of fees established by the finance commission under Section 31.003(a)(4): (1) the cost of examination; ...
• Texas Finance Code Section 31.107 - Regulation And Examination Of Related Entities
  (a) The banking commissioner may regulate and examine, to the same extent as if the services or activities were performed by a state bank on ...
• Texas Finance Code Section 31.108 - Call Report; Penalty
  (a) A state bank shall file with the banking commissioner a copy of its call report stating the bank's financial condition and results of operation. ...
• Texas Finance Code Section 31.201 - Banking Commissioner Hearing
  (a) The banking commissioner may convene a hearing to receive evidence and argument regarding any matter within the jurisdiction of and before the banking commissioner ...
• Texas Finance Code Section 31.202 - Appeal Of Banking Commissioner Decision Or Order
  Except as expressly provided otherwise by this subtitle, an appellant may appeal a decision or order of the banking commissioner made under this subtitle or ...
• Texas Finance Code Section 31.203 - Appeal To Finance Commission
  (a) In an appeal to the finance commission, the finance commission shall consider the questions raised by the application for review and may also consider ...
• Texas Finance Code Section 31.204 - Direct Appeal To Court Or Appeal Of Finance Commission Order
  A person affected by a final order of the banking commissioner who elects to appeal directly to district court, or a person affected by a ...
• Texas Finance Code Section 31.301 - Disclosure By Department Prohibited
  (a) Except as expressly provided otherwise by this subtitle, Chapter 11 or 12, or a rule adopted under this subtitle, the following are confidential and ...
• Texas Finance Code Section 31.302 - Disclosure To Finance Commission
  Confidential information may not be disclosed to a member of the finance commission, and a member of the commission may not be given access to ...
• Texas Finance Code Section 31.303 - Disclosure To Other Agencies
  (a) For purposes of this section: (1) "Affiliated group" means two or more persons affiliated through common ownership or a contractual common undertaking involving the ...
• Texas Finance Code Section 31.304 - Other Disclosure Prohibited; Penalty
  (a) Confidential information that is provided to a financial institution, affiliate, or service provider of a financial institution, whether in the form of a report ...
• Texas Finance Code Section 31.305 - Civil Discovery
  Civil discovery of confidential information from a person subject to section 31.304 under subpoena or other legal process must comply with rules adopted under this ...
• Texas Finance Code Section 31.306 - Investigative Information
  Notwithstanding any other law, the banking commissioner may refuse to release information or records in the custody of the department if, in the opinion of ...
• Texas Finance Code Section 31.307 - Employment Information
  (a) A person may provide employment information concerning the known or suspected involvement of a present or former employee, officer, or director of a financial ...
• Texas Finance Code Section 31.308 - Shareholder Inspection Rights
  (a) Notwithstanding Article 2.44, Texas Business Corporation Act, a shareholder or participant of a state bank may not examine: (1) a report of examination or ...
• Texas Finance Code Section 32.001 - Organization And General Powers Of State Bank
  (a) One or more persons, a majority of whom are residents of this state, may organize a state bank as a banking association or a ...
• Texas Finance Code Section 32.002 - Articles Of Association Of State Bank
  (a) The articles of association of a state bank must be signed and acknowledged by each organizer and must contain: (1) the name of the ...
• Texas Finance Code Section 32.003 - Application For State Bank Charter; Standards For Approval
  (a) An application for a state bank charter must be made under oath and in the form required by the banking commissioner, who shall inquire ...
• Texas Finance Code Section 32.004 - Notice And Investigation Of Charter Application
  (a) The organizers shall solicit comments and protests by publishing notice of the application, its date of filing, and the identity of the organizers, in ...
• Texas Finance Code Section 32.005 - Protest; Hearing; Decision On Charter Application
  (a) Any person may file a protest of an application. (b) If a protest of the application is not filed before the 15th day after ...
• Texas Finance Code Section 32.006 - Issuance Of Certificate Of Authority
  A state bank may not engage in the business of banking until it receives a certificate of authority from the banking commissioner. The banking commissioner ...
• Texas Finance Code Section 32.007 - Deadline To Begin Business
  If the state bank does not open and engage in the business of banking within six months after the date of the granting of its ...
• Texas Finance Code Section 32.008 - Application Of General Corporate Law
  (a) The Texas Business Corporation Act and the Texas Miscellaneous Corporation Laws Act (Article 1302-1.01 et seq., Vernon's Texas Civil Statutes) apply to a banking ...
• Texas Finance Code Section 32.009 - Parity Between State And National Banks
  (a) Section 16(a), Article XVI, Texas Constitution, empowers the legislature to authorize the incorporation of state banks and provide for a system of state regulation ...
• Texas Finance Code Section 32.010 - Additional Powers
  (a) Notwithstanding another law, a Texas state bank may perform an act, own property, or offer a product or service that is at the time ...
• Texas Finance Code Section 32.011 - Financial Activities
  (a) The finance commission by rule may determine that an activity not otherwise approved or authorized for a state bank under this subtitle or other ...
• Texas Finance Code Section 32.101 - Amendment Or Restatement Of State Bank Articles Of Association
  (a) A state bank that has been granted a certificate of authority may amend or restate its articles of association for any lawful purpose, including ...
• Texas Finance Code Section 32.102 - Establishing Series Of Shares Or Participation Shares
  (a) If the articles of association expressly give the board of a state bank authority to establish shares or participation shares in series and determine ...
• Texas Finance Code Section 32.103 - Change In Outstanding Capital And Surplus
  (a) A state bank may not reduce or increase its outstanding capital and surplus through dividend, redemption, issuance of shares or participation shares, or otherwise, ...
• Texas Finance Code Section 32.104 - Capital Notes Or Debentures
  (a) With the prior written approval of the banking commissioner, a state bank may at any time, through action of its board and without requiring ...
• Texas Finance Code Section 32.201 - Conduct Of The Business Of Banking
  (a) A state bank may engage in the banking business at its home office, at an approved branch office location, and through electronic terminals. A ...
• Texas Finance Code Section 32.202 - Home Office
  (a) Each state bank must have and continuously maintain in this state a home office. The home office must be a location at which the ...
• Texas Finance Code Section 32.203 - Branch Offices
  (a) A state bank may establish and maintain a branch office at any location on prior written approval of the banking commissioner. If the banking ...
• Texas Finance Code Section 32.204 - Loan Production Offices
  (a) A state bank may establish one or more loan production offices for the purpose of soliciting loans or equivalent transactions, accepting loan applications, and ...
• Texas Finance Code Section 32.301 - Merger Authority
  (a) Two or more financial institutions, corporations, or other entities with the authority to participate in a merger, at least one of which is a ...
• Texas Finance Code Section 32.302 - Approval Of Banking Commissioner
  (a) If the merger is subject to the prior written approval of the banking commissioner, the original articles of merger and a number of copies ...
• Texas Finance Code Section 32.303 - Rights Of Dissenters From Merger
  A shareholder, participant, or participant-transferee may dissent from the merger to the extent, and by following the procedure provided, by the Texas Business Corporation Act ...
• Texas Finance Code Section 32.304 - Limitation On Control Of Deposits
  (a) A merger is not permitted under this subchapter if, on consummation of the transaction, the resulting state bank, including all insured depository institution affiliates ...
• Texas Finance Code Section 32.401 - Authority To Purchase Assets Of Another Financial Institution
  (a) A state bank with the prior written approval of the banking commissioner may purchase all or substantially all of the assets of another financial ...
• Texas Finance Code Section 32.402 - Authority To Act As Disbursing Agent
  (a) The purchasing bank may hold the purchase price and any additional money delivered to it by the selling institution in trust for, or as ...
• Texas Finance Code Section 32.403 - Liquidation Of Selling Institution
  If the selling financial institution is at any time after the sale of assets voluntarily or involuntarily closed for liquidation by a state or federal ...
• Texas Finance Code Section 32.404 - Payment To Depositors And Creditors
  The purchasing bank may pay a depositor or creditor of the selling institution the amount to be paid the person under the terms of the ...
• Texas Finance Code Section 32.405 - Sale Of Assets
  (a) The board of a state bank, with the prior written approval of the banking commissioner, may cause the bank to sell all or substantially ...
• Texas Finance Code Section 32.406 - Limitation On Control Of Deposits
  (a) A purchase of assets is not permitted under Section 32.401 if, on consummation of the transaction, the acquiring state bank, including all insured depository ...
• Texas Finance Code Section 32.501 - Merger Or Conversion Of State Bank Into Another Financial Institution
  (a) Subject to Subtitle G, a state bank may act as necessary under and to the extent permitted by the laws of the United States, ...
• Texas Finance Code Section 32.502 - Conversion Of Financial Institution Into State Bank
  (a) A financial institution, as that term is defined by Section 201.101, may apply to the banking commissioner for conversion into a state bank on ...
• Texas Finance Code Section 33.001 - Acquisition Of Control
  (a) Except as otherwise expressly permitted by this subtitle, without the prior written approval of the banking commissioner a person may not directly or indirectly ...
• Texas Finance Code Section 33.002 - Application Regarding Acquisition Of Control
  (a) The proposed transferee in an acquisition of control of a state bank or of a person that controls a state bank must file an ...
• Texas Finance Code Section 33.003 - Hearing And Decision On Acquisition Of Control
  (a) Not later than the 60th day after the date the notice is published, the banking commissioner shall approve the application or set the application ...
• Texas Finance Code Section 33.004 - Appeal From Adverse Decision
  (a) If a hearing has been held, the banking commissioner has entered an order denying the application, and the order has become final, the proposed ...
• Texas Finance Code Section 33.005 - Exemptions
  The following acquisitions are exempt from Section 33.001: (1) an acquisition of securities in connection with the exercise of a security interest or otherwise in ...
• Texas Finance Code Section 33.006 - Objection To Other Transfer
  This subchapter does not prevent the banking commissioner from investigating, commenting on, or seeking to enjoin or set aside a transfer of voting securities that ...
• Texas Finance Code Section 33.007 - Civil Enforcement; Criminal Penalty
  (a) If the banking commissioner believes that a person has violated or is about to violate this subchapter or a rule of the finance commission ...
• Texas Finance Code Section 33.101 - Voting Securities Held By Bank
  (a) Voting securities of a state bank held by the bank in a fiduciary capacity under a will or trust, whether registered in the bank's ...
• Texas Finance Code Section 33.102 - Bylaws
  Except as provided by Section 33.207, each state bank shall adopt bylaws and may amend its bylaws for the purposes and according to the procedures ...
• Texas Finance Code Section 33.103 - Board Of Directors, Managers, Or Managing Participants
  (a) The board of a state bank must consist of not fewer than five but not more than 25 directors, managers, or managing participants, a ...
• Texas Finance Code Section 33.104 - Advisory Director Or Advisory Manager
  An advisory director or advisory manager is not considered a director or manager if the advisory director or advisory manager: (1) is not elected by ...
• Texas Finance Code Section 33.105 - Required Monthly Board Meeting
  (a) The board of a state bank shall hold at least one regular meeting each month. At each regular meeting the board shall review and ...
• Texas Finance Code Section 33.106 - Officers
  The board shall annually appoint the officers of the bank, who serve at the will of the board. The bank must have a principal executive ...
• Texas Finance Code Section 33.107 - Limitation On Action Of Officer Or Employee In Relation To Asset Or Liability
  Unless expressly authorized by a resolution of the board recorded in its minutes, an officer or employee may not create or dispose of a bank ...
• Texas Finance Code Section 33.108 - Criminal Offenses
  (a) An officer, director, manager, managing participant, employee, shareholder, or participant of a state bank commits an offense if the person knowingly: (1) conceals information ...
• Texas Finance Code Section 33.109 - Transactions With Management And Affiliates
  (a) Without the prior approval of a disinterested majority of the board recorded in the minutes or, if a disinterested majority cannot be obtained, the ...
• Texas Finance Code Section 33.201 - Liability Of Participants And Managers
  (a) Except as provided by Subsection (b), a participant, participant-transferee, or manager of a limited banking association is not liable for a debt, obligation, or ...
• Texas Finance Code Section 33.202 - Filing Of Notice Of Copy Of Participation Agreement
  (a) A limited banking association shall file with the banking commissioner a copy of any participation agreement by which a participant of the limited banking ...
• Texas Finance Code Section 33.203 - Contracting For Debt Or Obligation
  Except as provided by the articles of association of the limited banking association, a debt, liability, or other obligation may be contracted for or incurred ...
• Texas Finance Code Section 33.204 - Management Of Limited Banking Association
  (a) Management of a limited banking association is vested in the participants in proportion to each participant's contribution to capital, as adjusted periodically to properly ...
• Texas Finance Code Section 33.205 - Withdrawal Or Reduction Of Participant's Contribution To Capital
  (a) Except as otherwise provided by this chapter, a participant may not receive from a limited banking association any part of the participant's contribution to ...
• Texas Finance Code Section 33.206 - Interest In Limited Banking Association; Transferability Of Interest
  (a) The interest of a participant or participant-transferee in a limited banking association is the personal property of the participant or the participant-transferee and may ...
• Texas Finance Code Section 33.207 - Bylaws Of Limited Banking Association
  A limited banking association in which management is retained by the participants is not required to adopt bylaws if provisions required by law to be ...
• Texas Finance Code Section 33.208 - Dissolution
  (a) A limited banking association organized under this chapter is dissolved on: (1) the expiration of the period fixed for the duration of the limited ...
• Texas Finance Code Section 33.209 - Allocation Of Profits And Losses
  The profits and losses of a limited banking association may be allocated among the participants and among classes of participants as provided by the participation ...
• Texas Finance Code Section 33.210 - Distributions
  Subject to Section 32.103, distributions of cash or other assets of a limited banking association may be made to the participants as provided by the ...
• Texas Finance Code Section 33.211 - Application Of Other Provisions To Limited Banking Associations
  For purposes of the provisions of this subtitle other than this subchapter, as the context requires: (1) a manager is considered to be a director ...
• Texas Finance Code Section 34.001 - Definition
  In this subchapter, "bank facility" means real property, including an improvement, that a state bank owns or leases, to the extent the lease or the ...
• Texas Finance Code Section 34.002 - Investment In Bank Facilities
  (a) Without the prior written approval of the banking commissioner, a state bank may not directly or indirectly invest an amount in excess of its ...
• Texas Finance Code Section 34.003 - Other Real Property
  (a) A state bank may not acquire real property except: (1) as permitted by this subtitle or rules adopted under this subtitle; (2) with the ...
• Texas Finance Code Section 34.101 - Securities
  (a) A state bank may purchase and sell securities without recourse solely on the order and for the account of a customer. (b) Except as ...
• Texas Finance Code Section 34.102 - Transaction In Bank Shares Or Participation Shares
  (a) A state bank may not acquire a lien by pledge or otherwise on its own shares or participation shares, or otherwise purchase or acquire ...
• Texas Finance Code Section 34.103 - Bank Subsidiaries
  (a) Subject to this section and except as otherwise provided by this subtitle or rules adopted under this subtitle, a state bank may conduct any ...
• Texas Finance Code Section 34.104 - Mutual Funds
  (a) A state bank may invest for its own account in equity securities of an investment company registered under the Investment Company Act of 1940 ...
• Texas Finance Code Section 34.105 - Other Direct Equity Investments
  (a) A state bank may purchase for its own account equity securities of any class issued by: (1) a bank service corporation, except that the ...
• Texas Finance Code Section 34.106 - Investments For Public Welfare
  (a) A state bank may make investments of a predominantly civic, community, or public nature, including investments providing housing, services, or jobs or promoting the ...
• Texas Finance Code Section 34.107 - Engaging In Commerce Prohibited
  (a) A state bank may not buy, sell, or otherwise deal in goods in trade or commerce or own or operate a business not part ...
• Texas Finance Code Section 34.201 - Lending Limits
  (a) Without the prior written approval of the banking commissioner, the total loans and extensions of credit by a state bank to a person outstanding ...
• Texas Finance Code Section 34.202 - Violation Of Lending Limit
  (a) An officer, director, manager, managing participant, or employee of a state bank who approves or participates in the approval of a loan with actual ...
• Texas Finance Code Section 34.203 - Loan Expenses And Fees
  (a) A bank may require a borrower to pay all reasonable expenses and fees incurred in connection with the making, closing, disbursing, extending, readjusting, or ...
• Texas Finance Code Section 34.204 - Lease Financing Transaction
  (a) Subject to rules adopted under this subtitle, a state bank may, directly or indirectly through an operating subsidiary, provide the equivalent of a financing ...
• Texas Finance Code Section 34.301 - Nature Of Deposit Contract
  (a) A deposit contract between a bank and an account holder is considered a contract in writing for all purposes and may be evidenced by ...
• Texas Finance Code Section 34.302 - Amendment Of Deposit Contract
  (a) A bank and its account holder may amend the deposit contract by agreement or as permitted by Subsection (b) or other law. (b) A ...
• Texas Finance Code Section 34.303 - Fees; Disclosures
  (a) Except as otherwise provided by law, a bank may charge an account holder a fee, service charge, or penalty relating to service or activity ...
• Texas Finance Code Section 34.304 - Securing Deposits
  (a) A state bank may not create a lien on its assets or secure the repayment of a deposit except as authorized or required by ...
• Texas Finance Code Section 34.305 - Deposit Account Of Minor
  (a) Except as otherwise provided by this section, a bank lawfully doing business in this state may enter into a deposit account with a minor ...
• Texas Finance Code Section 34.306 - Trust Account With Limited Documentation
  (a) Subject to Chapter XI, Probate Code, a bank may accept and administer a deposit account: (1) that is opened with the bank by one ...
• Texas Finance Code Section 34.307 - Right Of Set-Off
  (a) Except as otherwise provided by the Truth in Lending Act (15 U.S.C. Section 1601 et seq.) or other federal law, a bank has a ...
• Texas Finance Code Section 35.001 - Determination Letter
  (a) If the banking commissioner determines from examination or other credible evidence that a state bank is in a condition that may warrant the issuance ...
• Texas Finance Code Section 35.002 - Cease And Desist Order
  (a) The banking commissioner has grounds to issue a cease and desist order to an officer, employee, director, manager, or managing participant of a state ...
• Texas Finance Code Section 35.003 - Removal Or Prohibition Order
  (a) The banking commissioner has grounds to remove a present or former officer, director, manager, managing participant, or employee of a state bank from office ...
• Texas Finance Code Section 35.004 - Hearing On Proposed Order
  (a) A requested hearing on a proposed order shall be held not later than the 30th day after the date the first request for a ...
• Texas Finance Code Section 35.005 - Emergency Order
  (a) If the banking commissioner believes that immediate action is necessary to prevent immediate and irreparable harm to the bank and its depositors, creditors, and ...
• Texas Finance Code Section 35.006 - Copy Of Letter Or Order In Bank Records
  A copy of a determination letter, proposed order, emergency order, or final order issued by the banking commissioner under this subchapter shall be immediately brought ...
• Texas Finance Code Section 35.007 - Effect Of Final Removal Or Prohibition Order
  (a) Except as otherwise provided by law, without the prior written approval of the banking commissioner, a person subject to a final and enforceable removal ...
• Texas Finance Code Section 35.008 - Limitation On Action
  The banking commissioner may not initiate an enforcement action under this subchapter later than the fifth anniversary of the date the banking commissioner discovered or ...
• Texas Finance Code Section 35.009 - Enforcement Of Final Order
  (a) If the banking commissioner reasonably believes that a bank or person has violated a final and enforceable cease and desist, removal, or prohibition order ...
• Texas Finance Code Section 35.010 - Administrative Penalty
  (a) The banking commissioner may initiate a proceeding for an administrative penalty against a bank by serving on the bank notice of the time and ...
• Texas Finance Code Section 35.011 - Payment Or Appeal Of Administrative Penalty
  (a) When a penalty order under Section 35.010 becomes final, the bank shall pay the penalty or appeal by filing a petition for judicial review. ...
• Texas Finance Code Section 35.012 - Confidentiality Of Records
  A copy of a notice, correspondence, transcript, pleading, or other document in the records of the department relating to an order issued under this subchapter ...
• Texas Finance Code Section 35.013 - Collection Of Fees
  The department may sue to enforce the collection of a fee owed to the department under a law administered by the department. In the suit ...
• Texas Finance Code Section 35.101 - Order Of Supervision
  (a) The banking commissioner by order may appoint a supervisor over a state bank if the banking commissioner determines from examination or other credible evidence ...
• Texas Finance Code Section 35.102 - Order Of Conservatorship
  (a) The banking commissioner by order may appoint a conservator for a state bank if the banking commissioner determines from examination or other credible evidence ...
• Texas Finance Code Section 35.103 - Notice And Hearing
  (a) An order issued under Section 35.101 or 35.102 must contain or be accompanied by a notice that, at the request of the bank, a ...
• Texas Finance Code Section 35.104 - Post-Hearing Order
  (a) If after the hearing the banking commissioner finds that the bank has been rehabilitated, that its hazardous condition has been remedied, that irreparable harm ...
• Texas Finance Code Section 35.105 - Confidentiality Of Records
  An order issued under this subchapter and a copy of a notice, correspondence, transcript, pleading, or other document in the records of the department relating ...
• Texas Finance Code Section 35.106 - Authority Of Supervisor
  During a period of supervision, a bank, without the prior approval of the banking commissioner or the supervisor or as otherwise permitted or restricted by ...
• Texas Finance Code Section 35.107 - Authority Of Conservator
  (a) A conservator appointed under this subchapter shall immediately take charge of the bank and all of its property, books, records, and affairs on behalf ...
• Texas Finance Code Section 35.108 - Qualifications Of Appointee
  The banking commissioner may appoint as a supervisor or conservator any person who in the judgment of the banking commissioner is qualified to serve. The ...
• Texas Finance Code Section 35.109 - Expenses
  (a) The banking commissioner shall determine and approve the reasonable expenses attributable to the service of a supervisor or conservator, including costs incurred by the ...
• Texas Finance Code Section 35.110 - Review Of Supervisor Or Conservator Decision
  (a) Notwithstanding Section 35.107(b), a majority of the bank's board, acting directly or through counsel who affirmatively represents that the requisite majority has been obtained, ...
• Texas Finance Code Section 35.111 - Venue
  (a) A suit filed against a bank while the bank is under conservatorship, or against a person in connection with an action taken or decision ...
• Texas Finance Code Section 35.112 - Duration
  A supervisor or conservator serves for the period necessary to accomplish the purposes of the supervision or conservatorship as intended by this subchapter. A rehabilitated ...
• Texas Finance Code Section 35.113 - Administrative Election Of Remedies
  The banking commissioner may take any action authorized by Chapter 36 regardless of the existence of supervision or conservatorship. A period of supervision or conservatorship ...
• Texas Finance Code Section 35.114 - Release Before Hearing
  This subchapter does not prevent release of the bank from supervision or conservatorship before a hearing if the banking commissioner is satisfied that requirements for ...
• Texas Finance Code Section 35.201 - Inapplicability
  This subchapter does not apply to a financial institution, as that term is defined by Section 201.101, that lawfully maintains its main office or a ...
• Texas Finance Code Section 35.202 - Investigation Of Unauthorized Activity
  (a) If the banking commissioner has reason to believe that a person has engaged, is engaging, or is likely to engage in an unauthorized activity, ...
• Texas Finance Code Section 35.203 - Subpoena Authority
  (a) This section applies only to an investigation of an unauthorized activity as provided by Section 35.202 and does not affect the conduct of a ...
• Texas Finance Code Section 35.204 - Enforcement Of Subpoena
  (a) If necessary, the banking commissioner may apply to a district court of Travis County or of the county in which the subpoena was served ...
• Texas Finance Code Section 35.205 - Confidentiality Of Subpoenaed Records
  (a) A book, account, record, paper, correspondence, or other document subpoenaed and produced under Section 35.203 that is otherwise made privileged or confidential by law ...
• Texas Finance Code Section 35.206 - Evidence
  (a) On certification by the banking commissioner, a book, record, paper, or document produced or testimony taken as provided by Section 35.204 and held by ...
• Texas Finance Code Section 35.207 - Cease And Desist Order
  (a) The banking commissioner may serve a proposed cease and desist order on a person that the banking commissioner believes is engaging or is likely ...
• Texas Finance Code Section 35.208 - Emergency Cease And Desist Order
  (a) The banking commissioner may issue an emergency cease and desist order to a person whom the banking commissioner reasonably believes is engaging in a ...
• Texas Finance Code Section 35.209 - Judicial Review Of Cease And Desist Order
  (a) A person affected by a cease and desist order issued, affirmed, or modified after a hearing may file a petition for judicial review. (b) ...
• Texas Finance Code Section 35.210 - Violation Of Final Cease And Desist Order
  (a) If the banking commissioner reasonably believes that a person has violated a final and enforceable cease and desist order, the banking commissioner may: (1) ...
• Texas Finance Code Section 35.211 - Administrative Penalty
  (a) The banking commissioner may initiate an action for an administrative penalty against a person for violation of a cease and desist order by serving ...
• Texas Finance Code Section 35.212 - Payment And Appeal Of Administrative Penalty
  (a) When an administrative penalty order under Section 35.211 becomes final, a person affected by the order, within the time permitted by law for appeal, ...
• Texas Finance Code Section 35.213 - Judicial Review Of Administrative Penalty
  (a) If on judicial review the court sustains the penalty order, the court shall order the person to pay the full amount of the penalty ...
• Texas Finance Code Section 36.001 - Definition
  In this chapter, "administrative expense" means: (1) an expense designated as an administrative expense by Subchapter C or D; (2) court costs and expenses of ...
• Texas Finance Code Section 36.002 - Remedies Exclusive
  (a) Unless the banking commissioner so requests, a court may not: (1) order the closing or suspension of operation of a state bank; or (2) ...
• Texas Finance Code Section 36.003 - Federal Deposit Insurance Corporation As Liquidator
  (a) The banking commissioner without court action may tender a state bank that has been closed for liquidation to the Federal Deposit Insurance Corporation or ...
• Texas Finance Code Section 36.004 - Appointment Of Independent Receiver
  (a) On request of the banking commissioner, the court in which a liquidation proceeding is pending may: (1) appoint an independent receiver; and (2) require ...
• Texas Finance Code Section 36.005 - Succession Of Trust Powers
  (a) If a state bank in the process of voluntary or involuntary dissolution and liquidation is acting as trustee, guardian, executor, administrator, or escrow agent, ...
• Texas Finance Code Section 36.101 - Initiating Voluntary Dissolution
  (a) A state bank may initiate voluntary dissolution and surrender its charter as provided by this subchapter: (1) with the approval of the banking commissioner; ...
• Texas Finance Code Section 36.102 - Filing Resolutions With Banking Commissioner
  After resolutions to dissolve and liquidate a state bank have been adopted by the bank's board and shareholders or participants, a majority of the directors, ...
• Texas Finance Code Section 36.103 - Banking Commissioner Investigation And Consent
  The banking commissioner shall review the documentation submitted under Section 36.102 and conduct any necessary investigation or examination. If the proceedings appear to have been ...
• Texas Finance Code Section 36.104 - Notice Of Pending Dissolution
  (a) A state bank initiating voluntary dissolution shall publish notice of its pending dissolution in a newspaper of general circulation in each community where its ...
• Texas Finance Code Section 36.105 - Safe Deposits And Other Bailments
  (a) A contract between the bank and a person for bailment, of deposit for hire, or for lease of a safe, vault, or box ceases ...
• Texas Finance Code Section 36.106 - Offices To Remain Open
  Unless the banking commissioner directs or consents otherwise, the home office and all branch offices of a state bank initiating voluntary dissolution shall remain open ...
• Texas Finance Code Section 36.107 - Fiduciary Activities
  (a) As soon after publication of the notice of dissolution as is practicable, the bank shall: (1) terminate all fiduciary positions it holds; (2) surrender ...
• Texas Finance Code Section 36.108 - Final Liquidation
  (a) After the bank has taken all of the actions specified by Sections 36.102, 36.105, and 36.107, paid all its debts and obligations, and transferred ...
• Texas Finance Code Section 36.109 - Application Of Law To Bank In Dissolution
  A state bank in the process of voluntary dissolution and liquidation remains subject to this subtitle and Chapters 11 and 12, including provisions for examination ...
• Texas Finance Code Section 36.110 - Authorization Of Deviation From Procedures
  The banking commissioner may authorize a deviation from the procedures for voluntary dissolution in this subchapter if the banking commissioner determines that the interests of ...
• Texas Finance Code Section 36.111 - Closure By Banking Commissioner For Involuntary Dissolution And Liquidation
  The banking commissioner may close a state bank for involuntary dissolution and liquidation under this chapter if the banking commissioner determines that: (1) the voluntary ...
• Texas Finance Code Section 36.112 - Application For New Charter
  After a state bank's charter has been voluntarily surrendered and canceled, the bank may not resume business or reopen except on application for and approval ...
• Texas Finance Code Section 36.201 - Action To Close State Bank
  (a) The banking commissioner may close and liquidate a state bank on finding that: (1) the interests of the bank's depositors and creditors are jeopardized ...
• Texas Finance Code Section 36.202 - Notice And Effect Of Closure; Appointment Of Receiver
  (a) After closing a state bank under Section 36.201, the banking commissioner shall place a sign at its main entrance stating that the bank has ...
• Texas Finance Code Section 36.203 - Nature And Duration Of Receivership
  (a) The court may not require a bond from the banking commissioner as receiver. (b) A reference in this chapter to the receiver is a ...
• Texas Finance Code Section 36.204 - Contest Of Liquidation
  (a) A state bank, acting through a majority of its directors, managers, or managing participants, may intervene in an action filed by the banking commissioner ...
• Texas Finance Code Section 36.205 - Notice Of Bank Closing
  (a) As soon as reasonably practicable after initiation of the receivership proceeding, the receiver shall publish notice in a newspaper of general circulation in each ...
• Texas Finance Code Section 36.206 - Inventory
  As soon as reasonably practicable given the state of bank records and the adequacy of staffing, the receiver shall prepare a comprehensive inventory of the ...
• Texas Finance Code Section 36.207 - Receiver's Title And Priority
  (a) The receiver has the title to all the bank's property, contracts, and rights of action, wherever located, beginning on the date the bank is ...
• Texas Finance Code Section 36.208 - Rights Fixed
  The rights and liabilities of the bank in liquidation and of a depositor, creditor, officer, director, manager, managing participant, employee, shareholder, participant, participant-transferee, agent, or ...
• Texas Finance Code Section 36.209 - Depositories
  (a) The receiver may deposit money collected on behalf of the bank estate in: (1) the Texas Treasury Safekeeping Trust Company in accordance with procedures ...
• Texas Finance Code Section 36.210 - Pending Lawsuit
  (a) A judgment or order of a court of this state or of another jurisdiction in an action pending by or against the bank, rendered ...
• Texas Finance Code Section 36.211 - New Lawsuit
  (a) Except as otherwise provided by this section, the court in which the receivership proceeding is pending under this subchapter has exclusive jurisdiction to hear ...
• Texas Finance Code Section 36.212 - Requiring Record Or Other Property In Possession Of Other Person
  (a) Each bank affiliate, officer, director, manager, managing participant, shareholder, participant, participant-transferee, trustee, agent, servant, employee, attorney, attorney-in-fact, or correspondent shall immediately deliver to the ...
• Texas Finance Code Section 36.213 - Injunction In Aid Of Liquidation
  (a) On application by the receiver, the court with or without notice may issue an injunction: (1) restraining a bank officer, director, manager, managing participant, ...
• Texas Finance Code Section 36.214 - Subpoena
  (a) The receiver may request the court ex parte to issue a subpoena to compel the attendance and testimony of a witness before the receiver ...
• Texas Finance Code Section 36.215 - Executory Contract; Oral Agreement
  (a) Not later than six months after the date the receivership proceeding begins, the receiver may terminate any executory contract to which the bank is ...
• Texas Finance Code Section 36.216 - Preferences
  (a) A transfer of or lien on the property or assets of a state bank is voidable by the receiver if the transfer or lien: ...
• Texas Finance Code Section 36.217 - Employees Of Receiver
  The receiver may employ agents, legal counsel, accountants, appraisers, consultants, and other personnel the receiver considers necessary to assist in the performance of the receiver's ...
• Texas Finance Code Section 36.218 - Disposal Of Property; Settling Of Claim
  (a) In liquidating a bank, the receiver on order of the court entered with or without hearing may: (1) sell all or part of the ...
• Texas Finance Code Section 36.219 - Court Order; Notice And Hearing
  If the court requires notice and hearing before entering an order, the court shall set the time and place of the hearing and prescribe whether ...
• Texas Finance Code Section 36.220 - Receiver's Report; Expenses
  (a) The receiver shall file with the court: (1) a quarterly report showing the operation, receipts, expenditures, and general condition of the bank in liquidation; ...
• Texas Finance Code Section 36.221 - Court-Ordered Audit
  The court may order an audit of the books and records of the receiver that relate to the receivership. A report of an audit ordered ...
• Texas Finance Code Section 36.222 - Safe Deposits And Other Bailments
  (a) A contract between the bank and another person for bailment, of deposit for hire, or for lease of a safe, vault, or box ceases ...
• Texas Finance Code Section 36.223 - Fiduciary Activities
  (a) As soon after beginning the receivership proceeding as is practicable, the receiver shall: (1) terminate all fiduciary positions the bank holds; (2) surrender all ...
• Texas Finance Code Section 36.224 - Disposition And Maintenance Of Records
  (a) On approval by the court, the receiver may dispose of records of the bank in liquidation that are obsolete and unnecessary to the continued ...
• Texas Finance Code Section 36.225 - Records Admitted
  (a) A record of a bank in liquidation obtained by the receiver and held in the course of the receivership proceeding or a certified copy ...
• Texas Finance Code Section 36.226 - Resumption Of Business
  (a) A state bank closed under Section 36.201 may not be reopened without the approval of the banking commissioner unless a contest of liquidation under ...
• Texas Finance Code Section 36.227 - Assets Discovered After Close Of Receivership
  (a) The banking commissioner shall report to the court discovery of an asset having value that: (1) the banking commissioner discovers after the receivership was ...
• Texas Finance Code Section 36.301 - Filing Claim
  (a) This section applies only to a claim by a person, other than a shareholder, participant, or participant-transferee acting in that capacity, who has a ...
• Texas Finance Code Section 36.302 - Proof Of Claim
  (a) A proof of claim must be in writing, be signed by the claimant, and include: (1) a statement of the claim; (2) a description ...
• Texas Finance Code Section 36.303 - Judgment As Proof Of Claim
  (a) A judgment entered against a state bank in liquidation before the date the bank was closed for liquidation may not be given higher priority ...
• Texas Finance Code Section 36.304 - Secured Claim
  (a) The owner of a secured claim against a bank in liquidation may: (1) surrender the security and file a claim as a general creditor; ...
• Texas Finance Code Section 36.305 - Unliquidated Or Undetermined Claim
  (a) A claim based on an unliquidated or undetermined demand shall be filed within the period provided by Subchapter C for the filing of a ...
• Texas Finance Code Section 36.306 - Set-Off
  (a) Mutual credits and mutual debts shall be set off and only the balance allowed or paid, except that a set-off may not be allowed ...
• Texas Finance Code Section 36.307 - Action On Claim
  (a) Not later than six months after the last day permitted for the filing of claims or a later date allowed by the court, the ...
• Texas Finance Code Section 36.308 - Objection To Approved Claim
  The receiver with court approval shall set a date for objection to an approved claim. On or before that date a depositor, creditor, other claimant, ...
• Texas Finance Code Section 36.309 - Appeal Of Rejected Claim
  (a) The receiver's rejection of a claim may be appealed in the court in which the receivership proceeding is pending. The appeal must be brought ...
• Texas Finance Code Section 36.310 - Payment Of Claim
  (a) Except as expressly provided otherwise by this subchapter or Subchapter C, without the approval of the court the receiver may not make a payment ...
• Texas Finance Code Section 36.311 - Priority Of Claims Against Insured Bank
  The distribution of assets from the estate of a bank the deposits of which are insured by the Federal Deposit Insurance Corporation or its successor ...
• Texas Finance Code Section 36.312 - Priority Of Claims Against Uninsured Bank
  (a) The priority of distribution of assets from the estate of a bank the deposits of which are not insured by the Federal Deposit Insurance ...
• Texas Finance Code Section 36.313 - Excess Assets
  (a) If bank assets remain after the receiver has provided for unclaimed distributions and all of the liabilities of the bank in liquidation, the receiver ...
• Texas Finance Code Section 36.314 - Unclaimed Property
  After completion of the liquidation, any unclaimed property remaining in the hands of the receiver shall be tendered to the comptroller as provided by Chapter ...
• Texas Finance Code Section 37.001 - Definition
  In this chapter, "emergency" means a condition or occurrence that may interfere physically with the conduct of normal business at the offices of a bank ...
• Texas Finance Code Section 37.002 - Emergency Closing Of Office Or Operation By Bank
  (a) If the officers of a bank located in this state determine that an emergency that affects or may affect the bank's offices or a ...
• Texas Finance Code Section 37.003 - Emergency Closing Of Office Or Operation By Banking Commissioner
  (a) If the banking commissioner determines that an emergency exists or is impending in all or part of this state, the banking commissioner by proclamation ...
• Texas Finance Code Section 37.004 - Effect Of Closing
  (a) A day on which a bank or one or more of its operations is closed during its normal banking hours as provided by this ...
• Texas Finance Code Section 37.005 - Limitations On Withdrawals From State Bank
  (a) At the request of a state bank that is experiencing or threatened with unusual and excessive withdrawals because of financial conditions, panic, or crisis, ...
• Texas Finance Code Section 37.006 - Financial Moratorium
  (a) The banking commissioner, with the approval of a majority of the finance commission and the governor, may proclaim a financial moratorium for, and invoke ...
• Texas Finance Code Section 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 ...
• Texas Finance Code Section 59.002 - Slander Or Libel Of Bank
  (a) A person commits an offense if the person: (1) knowingly makes, circulates, or transmits to another person an untrue statement that is derogatory to ...
• Texas Finance Code Section 59.003 - Authority Of Notary Public
  A notary public is not disqualified from taking an acknowledgment or proof of a written instrument as provided by Section 406.016, Government Code, solely because ...
• Texas Finance Code Section 59.004 - Succession Of Trust Powers
  (a) If, at the time of a merger, reorganization, conversion, sale of substantially all of its assets under Chapter 32 or other applicable law, or ...
• Texas Finance Code Section 59.005 - Agency Activities
  (a) A financial institution may receive deposits, renew time deposits, close loans, service loans, receive payments on loans and other obligations, and perform other services ...
• Texas Finance Code Section 59.006 - Discovery Of Customer Records
  (a) This section provides the exclusive method for compelled discovery of a record of a financial institution relating to one or more customers but does ...
• Texas Finance Code Section 59.007 - Attachment, Injunction, Execution, Or Garnishment
  (a) An attachment, injunction, execution, or writ of garnishment may not be issued against or served on a financial institution that has its principal office ...
• Texas Finance Code Section 59.008 - Claims Against Customers Of Financial Institutions
  (a) A claim against a customer of a financial institution shall be delivered or served as otherwise required or permitted by law at the address ...
• Texas Finance Code Section 59.009 - Compliance Review Committee
  (a) A financial institution or an affiliate of a financial institution, including its holding company, may establish a compliance review committee to test, review, or ...
• Texas Finance Code Section 59.010 - Confidentiality Of Administrative Subpoena
  (a) Except to the extent disclosure is necessary to locate and produce responsive records, an administrative subpoena that meets the requirements of Subsection (b) and ...
• Texas Finance Code Section 59.011 - Lender Liability For Construction
  (a) For purposes of Chapter 27, Property Code, and Title 16, Property Code, a federally insured financial institution regulated under this code is not a ...
• Texas Finance Code Section 59.101 - Definition
  In this subchapter, "safe deposit company" means a person who maintains and rents safe deposit boxes. Acts 1997, 75th Leg., ch. 1008, § 1, eff. ...
• Texas Finance Code Section 59.102 - Authority To Act As Safe Deposit Company
  Any person may be a safe deposit company. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. ...
• Texas Finance Code Section 59.103 - Relationship Of Safe Deposit Company And Renter
  In a safe deposit transaction the relationship of the safe deposit company and the renter is that of lessor and lessee and landlord and tenant, ...
• Texas Finance Code Section 59.104 - Delivery Of Notice
  A notice required by this subchapter to be given to a lessee of a safe deposit box must be in writing and personally delivered or ...
• Texas Finance Code Section 59.105 - Effect Of Subchapter On Other Law
  This subchapter does not affect Sections 36B-36F, Texas Probate Code, or another statute of this state governing safe deposit boxes. Acts 1997, 75th Leg., ch. ...
• Texas Finance Code Section 59.106 - Access By More Than One Person
  (a) If a safe deposit box is leased in the name of two or more persons jointly or if a person other than the lessee ...
• Texas Finance Code Section 59.107 - Nonemergency Opening And Relocation
  (a) A safe deposit company may not relocate a safe deposit box rented for a term of at least six months if the box rental ...
• Texas Finance Code Section 59.108 - Emergency Opening And Relocation
  (a) A safe deposit company may relocate a safe deposit box or open the box to relocate its contents to another box or location without ...
• Texas Finance Code Section 59.109 - Delinquent Rental; Lien; Sale Of Contents
  (a) If the rental for a safe deposit box is delinquent for at least six months, the safe deposit company may send notice to each ...
• Texas Finance Code Section 59.110 - Routing Number On Key
  (a) A depository institution that rents or permits access to a safe deposit box shall imprint the depository institution's routing number on each key to ...
• Texas Finance Code Section 59.201 - Electronic Terminals Authorized; Sharing Of Electronic Terminal
  (a) A person may install, maintain, and operate one or more electronic terminals at any location for the convenience of customers of financial institutions. (b) ...
• Texas Finance Code Section 59.202 - User Fee For Shared Electronic Terminal
  (a) The owner of an electronic terminal that is located in this state and that is connected to a shared network may impose a fee ...
• Texas Finance Code Section 59.301 - Definitions
  In this subchapter: (1) "Access area" means a paved walkway or sidewalk that is within 50 feet of an unmanned teller machine. The term does ...
• Texas Finance Code Section 59.302 - Exception For Certain Unmanned Teller Machines
  This subchapter does not apply to an unmanned teller machine: (1) by which: (A) a customer of a financial institution can authorize and effect the ...
• Texas Finance Code Section 59.303 - Applicability To Certain Persons Who Are Not Owners Or Operators
  (a) A person is not an owner or operator solely because the person's primary function is to provide for the exchange, transfer, or dissemination of ...
• Texas Finance Code Section 59.304 - Construction Of Subchapter
  (a) This subchapter does not require the relocation or modification of an unmanned teller machine on the occurrence of a particular event or circumstance. (b) ...
• Texas Finance Code Section 59.305 - Lighting Required
  During the period beginning 30 minutes after sunset and ending 30 minutes before sunrise, lighting shall be provided for: (1) an unmanned teller machine; (2) ...
• Texas Finance Code Section 59.306 - Persons Required To Provide Lighting
  (a) Except as provided by Subsection (b), the owner or operator shall provide the lighting required by this subchapter. (b) A person who leases the ...
• Texas Finance Code Section 59.307 - Standards For Lighting
  The lighting must be at least: (1) 10 candlefoot power at the face of the unmanned teller machine and extending in an unobstructed direction outward ...
• Texas Finance Code Section 59.308 - Safety Evaluation
  (a) An owner or operator shall in good faith evaluate the safety of each unmanned teller machine that the person owns or operates. (b) In ...
• Texas Finance Code Section 59.309 - Notice Of Safety Precautions
  (a) An issuer of an access device shall give the customer a notice of basic safety precautions that the customer should follow while using an ...
• Texas Finance Code Section 59.310 - Enforcement And Rules
  (a) The finance commission and the Credit Union Commission shall enforce this subchapter and adopt rules to implement this subchapter. (b) The rules must establish ...
• Texas Finance Code Section 61.001 - Short Title
  This subtitle may be cited as the Texas Savings and Loan Act. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. ...
• Texas Finance Code Section 61.002 - Definitions
  In this subtitle: (1) "Association" means a savings and loan association subject to this subtitle. (2) "Board" means the board of directors of an association. ...
• Texas Finance Code Section 61.003 - Control; Subsidiary
  (a) For the purposes of this subtitle, a person controls an association if the person has the power to direct or cause the direction of ...
• Texas Finance Code Section 61.004 - Notice Of Hearing; Right To Respond
  (a) Notice of a hearing under this subtitle shall be given to each association and federal association in the county in which the subject matter ...
• Texas Finance Code Section 61.005 - Record Of Proceeding
  On written request by an interested party, the commissioner shall keep a formal record of the proceedings of a hearing under this subtitle. Acts 1997, ...
• Texas Finance Code Section 61.006 - Decision Or Order
  (a) A decision or order adverse to a party who has appeared and participated in a hearing must be in writing and include separately stated ...
• Texas Finance Code Section 61.007 - Fees
  The finance commission by rule shall: (1) set the amount of fees the commissioner charges for: (A) supervision and examination of associations; (B) filing an ...
• Texas Finance Code Section 62.001 - Application To Incorporate
  (a) Five or more residents of this state may apply to incorporate an association by submitting to the commissioner an application and the filing fee. ...
• Texas Finance Code Section 62.002 - Additional Incorporation Requirements For Capital Stock Association
  (a) A capital stock association's articles of incorporation must include a statement o