Texas Finance Code Title 3, Chapter 96 - Supervision And Regulation

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 96.001 - General Duties
  The Department of Savings and Mortgage Lending and the commissioner shall regulate savings banks and subsidiaries of savings banks operating under this subtitle. Acts 1997,...

SUBCHAPTER B EXAMINATIONS AND REPORTS

• Texas Section 96.002 - Adoption Of Rules
  (a) The finance commission may adopt rules necessary to supervise and regulate savings banks and to protect public investment in savings banks, including rules relating...
• Texas Section 96.051 - Annual Audit
  (a) Not later than the 90th day after the date its fiscal year closes, a savings bank shall obtain an audit by an independent accounting...
• Texas Section 96.053 - Reports
  (a) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 464, Sec. 15(5), eff. September 1, 2013. (b) A savings bank shall make any report the...
• Texas Section 96.054 - Examinations
  (a) The commissioner shall periodically examine the affairs of each savings bank and its subsidiaries and the transactions of any holding company that are related...
• Texas Section 96.055 - Additional Examinations
  (a) The commissioner at the saving bank's cost may perform an additional examination or audit or devote extraordinary attention to a savings bank's affairs if...
• Texas Section 96.056 - Access To Books And Records
  The commissioner, a deputy commissioner, or an examiner or auditor of the commissioner shall be given free access to: (1) the books and records of...

SUBCHAPTER C SUPERVISORY INTERVENTION

• Texas Section 96.057 - Subpoena; Administration Of Oath Or Affirmation
  (a) In an examination conducted under this subchapter, the commissioner, the deputy commissioner, or an examiner or auditor of the commissioner may: (1) subpoena witnesses;...
• Texas Section 96.101 - Intervention For Violations And Unsafe And Unsound Practices
  (a) The commissioner may intervene in the affairs of a savings bank if the savings bank or a person who participates in the affairs of...
• Texas Section 96.102 - Intervention For Filing Inappropriate Information
  The commissioner may intervene in the affairs of a savings bank if the savings bank or a person who participates in the affairs of the...
• Texas Section 96.103 - Intervention For Activity Resulting In Actual Or Potential Financial Loss
  (a) The commissioner may intervene in the affairs of a savings bank if a person who participates in the affairs of the savings bank or...
• Texas Section 96.104 - Intervention Relating To Examination Of Affairs
  (a) The commissioner may intervene in the affairs of a savings bank if a person who participates in the affairs of the savings bank or...
• Texas Section 96.105 - Temporary Supervisory Order
  (a) If the commissioner has reasonable cause to believe that one or more grounds for intervention under Sections 96.101-96.104 exist or are imminent, the commissioner...
• Texas Section 96.106 - Service Of Temporary Supervisory Order
  (a) A temporary supervisory order may be served by personal delivery by an agent of the commissioner or by certified or registered mail. (b) Service...
• Texas Section 96.107 - Hearing On Temporary Supervisory Order; Final Order
  (a) A temporary supervisory order issued under Section 96.105 becomes final and unappealable on the 15th day after the date on which it is issued...
• Texas Section 96.108 - Plan Of Operation Of Savings Bank After Order Of Temporary Conservatorship
  (a) Before or during a hearing under Section 96.107 on a temporary supervisory order placing a savings bank under the control of a conservator, the...
• Texas Section 96.109 - Enforcement Of Supervisory Order
  (a) The commissioner, after giving notice, may assess against a savings bank or another person designated in a final supervisory order who violates the order,...
• Texas Section 96.110 - Stay Of Supervisory Order
  (a) A temporary supervisory order may not be stayed pending a hearing unless the commissioner orders a stay. (b) A final supervisory order may not...

SUBCHAPTER D CONSERVATORSHIP

• Texas Section 96.111 - Disclosure Of Information In Supervisory Order; Confidentiality
  (a) When a supervisory order is issued under this chapter, the commissioner shall report the existence of the order promptly to the finance commission but...
• Texas Section 96.151 - Placement Of Savings Bank Under Conservatorship
  If the commissioner does not approve a plan to continue the operation of a savings bank under Section 96.108, the conservator shall continue to manage...
• Texas Section 96.152 - Duties Of Conservator
  (a) The conservator and any deputy or assistant conservator appointed by the commissioner, under the direction and supervision of the commissioner, shall: (1) take possession...
• Texas Section 96.153 - Term Of Conservator
  The conservator shall serve until the purposes of the conservatorship are accomplished. Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
• Texas Section 96.154 - Transfer Of Management Of Rehabilitated Savings Bank
  If the savings bank is rehabilitated to the satisfaction of the commissioner, the conservator shall return the management of the savings bank to the savings...
• Texas Section 96.155 - Scope Of Authority Of Other Persons During Conservatorship
  During the conservatorship, a person who participates in the affairs of the savings bank shall act according to the conservator's instructions and may exercise only...
• Texas Section 96.156 - Limiting Order During Conservatorship
  (a) During a conservatorship, the commissioner by order may impose limitations on withdrawals from deposit accounts if the commissioner determines that the interests of deposit...
• Texas Section 96.157 - Service Of Limiting Order
  (a) A limiting order may be served by personal delivery by an agent of the commissioner or by certified or registered mail. (b) Service is...
• Texas Section 96.158 - Effect Of Limiting Order
  (a) Immediately after receiving a limiting order, the conservator shall post a copy of the order at the main entrance of the savings bank. (b)...
• Texas Section 96.159 - Hearing On Limiting Order; Final Order
  (a) The limiting order becomes final and unappealable on the 15th day after the date on which the order is posted as provided by Section...
• Texas Section 96.160 - Stay Of Limiting Order
  (a) A limiting order may not be stayed pending a hearing unless the commissioner orders a stay. (b) A final order may not be stayed...
• Texas Section 96.161 - Cost Of Conservatorship
  (a) The commissioner shall determine the cost of the conservatorship. (b) The cost of the conservatorship shall be paid from the savings bank's assets as...

SUBCHAPTER E VOLUNTARY SUPERVISORY CONTROL

• Texas Section 96.162 - Venue
  A suit filed against a savings bank or its conservator while a conservatorship order is in effect must be brought in Travis County. Acts 1997,...
• Texas Section 96.201 - Placement Of Savings Bank Under Voluntary Supervisory Control
  (a) A savings bank's board may consent to the commissioner's placement of the savings bank under supervisory control. (b) The commissioner may appoint the supervisor...
• Texas Section 96.202 - Powers Of Supervisors
  A supervisor or deputy supervisor has the powers of a conservator under Subchapter D and any other power established by agreement between the commissioner and...

SUBCHAPTER F CLOSING

• Texas Section 96.203 - Cost Of Supervisory Control
  The cost of the supervisory control of a savings bank shall be set by the commissioner and paid by the savings bank. Acts 1997, 75th...
• Texas Section 96.251 - Closing Of Savings Bank By Board Resolution
  A savings bank's board, by resolution and with the commissioner's consent, may close the savings bank and tender to the commissioner for disposition as provided...
• Texas Section 96.252 - Closing Of Savings Bank By Commissioner's Order
  The commissioner or the commissioner's representative may close a savings bank if the commissioner determines after an examination that: (1) the interests of the deposit...
• Texas Section 96.253 - Effect Of Closing
  (a) On closing a savings bank under this subchapter, the commissioner may: (1) liquidate the savings bank as provided by Subchapter G; or (2) tender...

SUBCHAPTER G LIQUIDATION

• Texas Section 96.254 - Hearing On Commissioner's Order
  (a) Not later than the second day, excluding legal holidays, after the date on which the commissioner closes a savings bank under Section 96.252, the...
• Texas Section 96.301 - Liquidation Of Savings Bank
  (a) If the commissioner doubts that a savings bank subject to a conservatorship order can be rehabilitated, the commissioner may close the savings bank as...
• Texas Section 96.302 - Removal Or Replacement Of Liquidating Agent
  (a) The commissioner, with or without cause, may remove a liquidating agent and appoint another agent. (b) If a liquidating agent resigns, dies, or otherwise...
• Texas Section 96.303 - Duties Of Liquidating Agent
  (a) Under the commissioner's supervision, the liquidating agent shall: (1) receive and take possession of the books, records, assets, and property of the savings bank;...
• Texas Section 96.304 - Notice
  (a) Under the commissioner's supervision, the liquidating agent shall give notice to creditors and deposit account holders directing them to present and prove their claims...
• Texas Section 96.305 - Presentation Of Claim
  (a) To be entitled to priority, each person asserting a claim against a savings bank being liquidated under this subchapter must present the claim in...
• Texas Section 96.306 - Priority Of Claims
  When a savings bank is liquidated, claims for payment have the same priority that similar claims have when a federal savings bank is liquidated under...
• Texas Section 96.307 - Action On Claim
  (a) Within three months after the date of receipt of a claim against a savings bank being liquidated, the liquidating agent shall approve or reject...
• Texas Section 96.308 - Hearing On Claim; Appeal Of Adverse Determination Of Claim
  (a) A claimant may appeal an adverse determination of a claim by filing suit on the claim in a district court of Travis County within...
• Texas Section 96.309 - Payment Of Final Dividend
  (a) The liquidating agent may not pay a final dividend before the first day of the 19th month after the date notice is first published...
• Texas Section 96.310 - Deposit Of Money By Liquidating Agent
  The liquidating agent shall deposit all unclaimed dividends and all money available for nonclaiming deposit account holders and creditors in one or more state-chartered financial...
• Texas Section 96.311 - Payment Of Nonclaiming Deposit Account Holders And Creditors
  (a) Except as provided by Subsection (b), the liquidating agent, on demand, shall pay a deposit account holder or creditor of the savings bank who...
• Texas Section 96.312 - Cost Of Liquidation
  (a) The commissioner shall determine the cost of the liquidation. (b) The cost of liquidation shall be paid from the savings bank's assets as the...
• Texas Section 96.313 - Final Report
  After paying a final dividend as provided by Section 96.309 and performing any necessary or proper action in liquidating the savings bank's assets for the...
• Texas Section 96.314 - Continued Existence Of Savings Bank Following Liquidation
  For the purpose of adjusting and settling claims not disposed of during the liquidation, the savings bank continues to exist until the third anniversary of...
• Texas Section 96.315 - Special Liquidating Agent
  At the completion of the liquidation, the commissioner may appoint a special liquidating agent if necessary to adjust and settle undisposed claims. Acts 1997, 75th...
• Texas Section 96.316 - Closing Of Liquidation; Order And Liability
  (a) The liquidating agent shall certify the completion of the liquidation to the commissioner, who shall then issue an order closing the liquidation. (b) After...

SUBCHAPTER H CONFIDENTIALITY

• Texas Section 96.317 - Administrative Procedure
  The procedures for a contested case hearing under Chapter 2001, Government Code, apply to a hearing set by the commissioner under this subchapter. Acts 1997,...
• Texas Section 96.351 - Disclosure By Department Prohibited
  Except as otherwise provided by this subtitle or a rule adopted under this subtitle, the following are confidential and may not be disclosed by the...
• Texas Section 96.352 - Disclosure To Other Agencies
  This subchapter does not prevent the proper exchange of information relating to savings banks with a representative of a regulatory authority of another state or...
• Texas Section 96.353 - Other Disclosure Prohibited
  (a) Confidential information that is provided to a financial institution or an affiliate or service provider of a financial institution, whether in the form of...
• Texas Section 96.354 - Civil Discovery
  Discovery of confidential information from a person subject to this subchapter under subpoena or other legal process must comply with rules adopted under this subtitle....
• Texas Section 96.355 - Investigative Information
  (a) Notwithstanding any other law, the commissioner may refuse to release information or records in the custody of the Department of Savings and Mortgage Lending...
• Texas Section 96.356 - Examination Report
  Unless the commissioner determines that a good reason exists to make the report public, a report of an examination made to the commissioner is confidential....

SUBCHAPTER I MISCELLANEOUS PROVISIONS

• Texas Section 96.357 - Removal For Violation
  A person who violates this subchapter or who wilfully makes a false official report on the condition of a financial institution shall be removed from...
• Texas Section 96.401 - Derivative Suit
  (a) The commissioner may bring a derivative suit on behalf of a savings bank on an unpursued cause of action if: (1) the commissioner determines...
• Texas Section 96.402 - Payment Of Insured Deposit Liabilities By Fdic
  If the Federal Deposit Insurance Corporation pays the insured deposit liabilities of a savings bank that has been closed or is being liquidated under this...
• Texas Section 96.403 - Enforceability Of Loan Promise Or Agreement Made By Savings Bank Before Conservatorship Or Supervisory Control
  If a promise or agreement to lend money is not otherwise unenforceable under Chapter 26, Business & Commerce Code, and if the promise or agreement...
• Texas Section 96.404 - Interest In Savings Bank Prohibited For Department
  (a) A savings bank or a director, officer, employee, or representative of a savings bank may not give a loan or gratuity, directly or indirectly,...
• Texas Section 96.405 - Permitted Transactions For Department Relating To Savings Bank
  (a) The commissioner or an employee of the Department of Savings and Mortgage Lending may hold a deposit account at a savings bank and receive...

Last modified: September 28, 2016