Texas Finance Code Title 3, Chapter 31 - General Provisions

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 31.001 - Short Title
  This subtitle may be cited as the Texas Banking Act. Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
• Texas 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 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 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 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 Section 31.006 - Liability Of Depository Institution Directors And Personnel
  (a) The provisions of the Business Organizations Code regarding liability, defenses, and indemnification of a director, officer, agent, or employee of a corporation apply to...

SUBCHAPTER B REGULATION OF BANKING BY BANKING COMMISSIONER

• Texas Section 31.007 - Exemption Of Bank Directors And Personnel From Securities Law
  (a) An officer, director, or employee of a bank that has its main office or a branch located in this state with fewer than 500...
• Texas 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 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 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 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 Section 31.105 - Examination Required
  (a) The banking commissioner shall examine each state bank annually, or on another periodic basis as may be required by rule or policy, or as...
• Texas 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 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...

SUBCHAPTER C ADMINISTRATIVE PROCEDURE

• Texas 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 Section 31.201 - Banking Commissioner Hearing; Informal Disposition
  (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 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 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...

SUBCHAPTER D CONFIDENTIALITY OF INFORMATION

• Texas 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 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 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 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 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 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 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 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 Section 31.308 - Shareholder Inspection Rights
  (a) Notwithstanding Section 21.218 or 101.502, Business Organizations Code, a shareholder of a state bank may not examine: (1) a report of examination or other...

Last modified: September 28, 2016