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Chapter 31 - General Provisions
Subchapter A. General Provisions
Section 31.001. Short Title - Sec. 31.001. SHORT TITLE. This subtitle may be cited as...
Section 31.002. Definitions - Sec. 31.002. DEFINITIONS. (a) In this subtitle: (1) "Affiliate" means...
Section 31.003. Banking Rules - Sec. 31.003. BANKING RULES. (a) The finance commission may adopt...
Section 31.004. Unauthorized Banking - Sec. 31.004. UNAUTHORIZED BANKING. (a) Except as otherwise provided by...
Section 31.005. Implying That Person Is Bank - Sec. 31.005. IMPLYING THAT PERSON IS BANK. (a) A person...
Section 31.006. Liability of Depository Institution Directors and Personnel - Sec. 31.006. LIABILITY OF DEPOSITORY INSTITUTION DIRECTORS AND PERSONNEL. (a)...
Section 31.007. Exemption of Bank Directors and Personnel From Securities Law - Sec. 31.007. EXEMPTION OF BANK DIRECTORS AND PERSONNEL FROM SECURITIES...
Subchapter B. Regulation of Banking by Banking Commissioner
Section 31.101. General Duties of Banking Commissioner - Sec. 31.101. GENERAL DUTIES OF BANKING COMMISSIONER. The banking commissioner...
Section 31.103. Issuance of Opinion - Sec. 31.103. ISSUANCE OF OPINION. (a) In response to a...
Section 31.104. Effect of Interpretive Statement or Opinion - Sec. 31.104. EFFECT OF INTERPRETIVE STATEMENT OR OPINION. An interpretive...
Section 31.105. Examination Required - Sec. 31.105. EXAMINATION REQUIRED. (a) The banking commissioner shall examine...
Section 31.106. Cost of Regulation - Sec. 31.106. COST OF REGULATION. Each state bank shall pay,...
Section 31.107. Regulation and Examination of Related Entities - Sec. 31.107. REGULATION AND EXAMINATION OF RELATED ENTITIES. (a) The...
Section 31.108. Call Report; Penalty - Sec. 31.108. CALL REPORT; PENALTY. (a) A state bank shall...
Subchapter C. Administrative Procedure
Section 31.201. Banking Commissioner Hearing; Informal Disposition - Sec. 31.201. BANKING COMMISSIONER HEARING; INFORMAL DISPOSITION. (a) The banking...
Section 31.202. Appeal of Banking Commissioner Decision or Order - Sec. 31.202. APPEAL OF BANKING COMMISSIONER DECISION OR ORDER. Except...
Section 31.204. Appeal to District Court - Sec. 31.204. APPEAL TO DISTRICT COURT. A person affected by...
Subchapter D. Confidentiality of Information
Section 31.301. Disclosure by Department Prohibited - Sec. 31.301. DISCLOSURE BY DEPARTMENT PROHIBITED. (a) Except as expressly...
Section 31.3015. Disclosure to State Banks - Sec. 31.3015. DISCLOSURE TO STATE BANKS. The banking commissioner may...
Section 31.302. Disclosure to Finance Commission - Sec. 31.302. DISCLOSURE TO FINANCE COMMISSION. Confidential information may not...
Section 31.303. Disclosure to Other Agencies - Sec. 31.303. DISCLOSURE TO OTHER AGENCIES. (a) For purposes of...
Section 31.304. Other Disclosure Prohibited; Penalty - Sec. 31.304. OTHER DISCLOSURE PROHIBITED; PENALTY. (a) Confidential information that...
Section 31.305. Civil Discovery - Sec. 31.305. CIVIL DISCOVERY. Civil discovery of confidential information from...
Section 31.306. Investigative Information - Sec. 31.306. INVESTIGATIVE INFORMATION. Notwithstanding any other law, the banking...
Section 31.307. Employment Information - Sec. 31.307. EMPLOYMENT INFORMATION. (a) A person may provide employment...
Section 31.308. Shareholder Inspection Rights - Sec. 31.308. SHAREHOLDER INSPECTION RIGHTS. (a) Notwithstanding Section 21.218 or...
Chapter 32 - Powers, Organization, and Financial Requirements
Subchapter A. Organization and Powers in General
Section 32.001. Organization and General Powers of State Bank - Sec. 32.001. ORGANIZATION AND GENERAL POWERS OF STATE BANK. (a)...
Section 32.002. Certificate of Formation of State Bank - Sec. 32.002. CERTIFICATE OF FORMATION OF STATE BANK. (a) The...
Section 32.003. Application for State Bank Charter; Standards for Approval - Sec. 32.003. APPLICATION FOR STATE BANK CHARTER; STANDARDS FOR APPROVAL....
Section 32.004. Notice and Investigation of Charter Application - Sec. 32.004. NOTICE AND INVESTIGATION OF CHARTER APPLICATION. (a) The...
Section 32.005. Protest; Hearing; Decision on Charter Application - Sec. 32.005. PROTEST; HEARING; DECISION ON CHARTER APPLICATION. (a) A...
Section 32.006. Issuance of Certificate of Authority - Sec. 32.006. ISSUANCE OF CERTIFICATE OF AUTHORITY. A state bank...
Section 32.007. Deadline to Begin Business - Sec. 32.007. DEADLINE TO BEGIN BUSINESS. If the state bank...
Section 32.008. Application of General Corporate Law - Sec. 32.008. APPLICATION OF GENERAL CORPORATE LAW. (a) The Business...
Section 32.009. Parity Between State and National Banks - Sec. 32.009. PARITY BETWEEN STATE AND NATIONAL BANKS. (a) Section...
Section 32.010. Additional Powers - Sec. 32.010. ADDITIONAL POWERS. (a) Notwithstanding another law, a Texas...
Section 32.011. Financial Activities - Sec. 32.011. FINANCIAL ACTIVITIES. (a) The finance commission by rule...
Subchapter B. Amendment of Certificate; Changes in Capital and Surplus
Section 32.101. Amendment or Restatement of State Bank Certificate of Formation - Sec. 32.101. AMENDMENT OR RESTATEMENT OF STATE BANK CERTIFICATE OF...
Section 32.102. Establishing Series of Shares - Sec. 32.102. ESTABLISHING SERIES OF SHARES. (a) If the certificate...
Section 32.103. Change in Outstanding Capital and Surplus - Sec. 32.103. CHANGE IN OUTSTANDING CAPITAL AND SURPLUS. (a) A...
Section 32.104. Capital Notes or Debentures - Sec. 32.104. CAPITAL NOTES OR DEBENTURES. (a) With the prior...
Subchapter C. Bank Offices
Section 32.201. Conduct of the Business of Banking - Sec. 32.201. CONDUCT OF THE BUSINESS OF BANKING. (a) A...
Section 32.202. Home Office - Sec. 32.202. HOME OFFICE. (a) Each state bank must have...
Section 32.203. Branch Offices - Sec. 32.203. BRANCH OFFICES. (a) A state bank may establish...
Section 32.204. Deposit or Loan Production Offices - Sec. 32.204. DEPOSIT OR LOAN PRODUCTION OFFICES. (a) A state...
Subchapter D. Merger
Section 32.301. Merger Authority - Sec. 32.301. MERGER AUTHORITY. (a) Two or more financial institutions,...
Section 32.302. Approval of Banking Commissioner - Sec. 32.302. APPROVAL OF BANKING COMMISSIONER. (a) If the merger...
Section 32.303. Rights of Dissenters From Merger - Sec. 32.303. RIGHTS OF DISSENTERS FROM MERGER. A shareholder may...
Section 32.304. Limitation on Control of Deposits - Sec. 32.304. LIMITATION ON CONTROL OF DEPOSITS. (a) A merger...
Subchapter E. Purchase or Sale of Assets
Section 32.401. Authority to Purchase Assets - Sec. 32.401. AUTHORITY TO PURCHASE ASSETS. (a) A state bank...
Section 32.402. Authority to Act as Disbursing Agent - Sec. 32.402. AUTHORITY TO ACT AS DISBURSING AGENT. (a) The...
Section 32.403. Liquidation of Selling Institution - Sec. 32.403. LIQUIDATION OF SELLING INSTITUTION. If the selling financial...
Section 32.404. Payment to Depositors and Creditors - Sec. 32.404. PAYMENT TO DEPOSITORS AND CREDITORS. The purchasing bank...
Section 32.405. Sale of Assets - Sec. 32.405. SALE OF ASSETS. (a) A state bank may...
Section 32.406. Limitation on Control of Deposits - Sec. 32.406. LIMITATION ON CONTROL OF DEPOSITS. (a) A purchase...
Subchapter F. Exit of State Bank or Entry of Another Financial Institution
Section 32.501. Merger or Conversion of State Bank Into Another Financial Institution - Sec. 32.501. MERGER OR CONVERSION OF STATE BANK INTO ANOTHER...
Section 32.502. Conversion of Financial Institution Into State Bank - Sec. 32.502. CONVERSION OF FINANCIAL INSTITUTION INTO STATE BANK. (a)...
Chapter 33 - Ownership and Management of State Bank
Subchapter A. Transfer of Ownership Interest
Section 33.001. Acquisition of Control - Sec. 33.001. ACQUISITION OF CONTROL. (a) Except as otherwise expressly...
Section 33.002. Application Regarding Acquisition of Control - Sec. 33.002. APPLICATION REGARDING ACQUISITION OF CONTROL. (a) The proposed...
Section 33.003. Hearing and Decision on Acquisition of Control - Sec. 33.003. HEARING AND DECISION ON ACQUISITION OF CONTROL. (a)...
Section 33.004. Appeal From Adverse Decision - Sec. 33.004. APPEAL FROM ADVERSE DECISION. (a) If a hearing...
Section 33.005. Exemptions - Sec. 33.005. EXEMPTIONS. The following acquisitions are exempt from Section...
Section 33.006. Objection to Other Transfer - Sec. 33.006. OBJECTION TO OTHER TRANSFER. This subchapter does not...
Section 33.007. Civil Enforcement; Criminal Penalty - Sec. 33.007. CIVIL ENFORCEMENT; CRIMINAL PENALTY. (a) If the banking...
Subchapter B. Board and Officers
Section 33.101. Voting Securities Held by Bank - Sec. 33.101. VOTING SECURITIES HELD BY BANK. (a) Voting securities...
Section 33.102. Bylaws - Sec. 33.102. BYLAWS. Each state bank shall adopt bylaws and...
Section 33.103. Board of Directors - Sec. 33.103. BOARD OF DIRECTORS. (a) The board of a...
Section 33.104. Advisory Director - Sec. 33.104. ADVISORY DIRECTOR. (a) An advisory director is not...
Section 33.105. Required Monthly Board Meeting - Sec. 33.105. REQUIRED MONTHLY BOARD MEETING. (a) Except as provided...
Section 33.106. Officers - Sec. 33.106. OFFICERS. (a) The board shall annually appoint the...
Section 33.107. Limitation on Action of Officer or Employee in Relation to Asset or Liability - Sec. 33.107. LIMITATION ON ACTION OF OFFICER OR EMPLOYEE IN...
Section 33.108. Criminal Offenses - Sec. 33.108. CRIMINAL OFFENSES. (a) An officer, director, employee, or...
Section 33.109. Transactions With Management and Affiliates - Sec. 33.109. TRANSACTIONS WITH MANAGEMENT AND AFFILIATES. (a) Without the...
Subchapter C. Limited Banking Association
Section 33.201. Liability of Participants and Managers - Sec. 33.201. LIABILITY OF PARTICIPANTS AND MANAGERS. (a) A participant...
Section 33.204. Management of Limited Banking Association - Sec. 33.204. MANAGEMENT OF LIMITED BANKING ASSOCIATION. (a) Management of...
Section 33.206. Interest in Limited Banking Association; Transferability of Interest - Sec. 33.206. INTEREST IN LIMITED BANKING ASSOCIATION; TRANSFERABILITY OF INTEREST....
Section 33.208. Dissolution - Sec. 33.208. DISSOLUTION. The bylaws or the participation agreement may...
Section 33.209. Allocation of Profits and Losses - Sec. 33.209. ALLOCATION OF PROFITS AND LOSSES. The profits and...
Section 33.210. Distributions - Sec. 33.210. DISTRIBUTIONS. Subject to Section 32.103, distributions of cash...
Section 33.211. Application of Other Provisions to Limited Banking Associations - Sec. 33.211. APPLICATION OF OTHER PROVISIONS TO LIMITED BANKING ASSOCIATIONS....
Chapter 34 - Investments, Loans, and Deposits
Subchapter A. Acquisition and Ownership of Bank Facilities and Other Real Property
Section 34.001. Definition - Sec. 34.001. DEFINITION. In this subchapter, "bank facility" means real...
Section 34.002. Investment in Bank Facilities - Sec. 34.002. INVESTMENT IN BANK FACILITIES. (a) Without the prior...
Section 34.003. Other Real Property - Sec. 34.003. OTHER REAL PROPERTY. (a) A state bank may...
Section 34.004. Retention of Nonparticipating Royalty Interests - Sec. 34.004. RETENTION OF NONPARTICIPATING ROYALTY INTERESTS. (a) Notwithstanding Section...
Subchapter B. Investments
Section 34.101. Securities - Sec. 34.101. SECURITIES. (a) A state bank may purchase and...
Section 34.102. Transaction in Bank Shares - Sec. 34.102. TRANSACTION IN BANK SHARES. (a) A state bank...
Section 34.103. Bank Subsidiaries - Sec. 34.103. BANK SUBSIDIARIES. (a) Subject to this section and...
Section 34.104. Mutual Funds - Sec. 34.104. MUTUAL FUNDS. (a) A state bank may invest...
Section 34.105. Other Direct Equity Investments - Sec. 34.105. OTHER DIRECT EQUITY INVESTMENTS. (a) A state bank...
Section 34.106. Investments to Promote Community Development - Sec. 34.106. INVESTMENTS TO PROMOTE COMMUNITY DEVELOPMENT. (a) A state...
Section 34.107. Engaging in Commerce Prohibited - Sec. 34.107. ENGAGING IN COMMERCE PROHIBITED. (a) A state bank...
Subchapter C. Loans
Section 34.201. Lending Limits - Sec. 34.201. LENDING LIMITS. (a) Without the prior written approval...
Section 34.202. Violation of Lending Limit - Sec. 34.202. VIOLATION OF LENDING LIMIT. (a) An officer, director,...
Section 34.203. Loan Expenses and Fees - Sec. 34.203. LOAN EXPENSES AND FEES. (a) A bank may...
Section 34.204. Lease Financing Transaction - Sec. 34.204. LEASE FINANCING TRANSACTION. (a) Subject to rules adopted...
Subchapter D. Deposits
Section 34.301. Nature of Deposit Contract - Sec. 34.301. NATURE OF DEPOSIT CONTRACT. (a) A deposit contract...
Section 34.302. Amendment of Deposit Contract - Sec. 34.302. AMENDMENT OF DEPOSIT CONTRACT. (a) A bank and...
Section 34.303. Fees; Disclosures - Sec. 34.303. FEES; DISCLOSURES. (a) Except as otherwise provided by...
Section 34.304. Securing Deposits - Sec. 34.304. SECURING DEPOSITS. (a) A state bank may not...
Section 34.305. Deposit Account of Minor - Sec. 34.305. DEPOSIT ACCOUNT OF MINOR. (a) Except as otherwise...
Section 34.306. Trust Account With Limited Documentation - Sec. 34.306. TRUST ACCOUNT WITH LIMITED DOCUMENTATION. (a) Subject to...
Section 34.307. Right of Set-Off - Sec. 34.307. RIGHT OF SET-OFF. (a) Except as otherwise provided...
Chapter 35 - Enforcement Actions
Subchapter A. Enforcement Orders: Banks and Management
Section 35.0001. Applicability to Bank Subsidiaries - Sec. 35.0001. APPLICABILITY TO BANK SUBSIDIARIES. This subchapter applies to...
Section 35.001. Determination Letter - Sec. 35.001. DETERMINATION LETTER. (a) If the banking commissioner determines...
Section 35.002. Cease and Desist Order - Sec. 35.002. CEASE AND DESIST ORDER. (a) The banking commissioner...
Section 35.003. Removal or Prohibition Order - Sec. 35.003. REMOVAL OR PROHIBITION ORDER. (a) The banking commissioner...
Section 35.0035. Removal or Prohibition Orders in Response to Certain Criminal Offenses - Sec. 35.0035. REMOVAL OR PROHIBITION ORDERS IN RESPONSE TO CERTAIN...
Section 35.004. Hearing on Proposed Order - Sec. 35.004. HEARING ON PROPOSED ORDER. (a) A requested hearing...
Section 35.005. Emergency Order - Sec. 35.005. EMERGENCY ORDER. (a) If the banking commissioner believes...
Section 35.006. Copy of Letter or Order in Bank Records - Sec. 35.006. COPY OF LETTER OR ORDER IN BANK RECORDS....
Section 35.007. Effect of Final Removal or Prohibition Order - Sec. 35.007. EFFECT OF FINAL REMOVAL OR PROHIBITION ORDER. (a)...
Section 35.0071. Application for Release From Final Removal or Prohibition Order - Sec. 35.0071. APPLICATION FOR RELEASE FROM FINAL REMOVAL OR PROHIBITION...
Section 35.008. Limitation on Action - Sec. 35.008. LIMITATION ON ACTION. The banking commissioner may not...
Section 35.009. Enforcement by Commissioner - Sec. 35.009. ENFORCEMENT BY COMMISSIONER. (a) If the banking commissioner...
Section 35.010. Administrative Penalty - Sec. 35.010. ADMINISTRATIVE PENALTY. (a) The banking commissioner may initiate...
Section 35.011. Payment or Appeal of Administrative Penalty - Sec. 35.011. PAYMENT OR APPEAL OF ADMINISTRATIVE PENALTY. (a) When...
Section 35.012. Confidentiality of Records - Sec. 35.012. CONFIDENTIALITY OF RECORDS. A copy of a notice,...
Section 35.013. Collection of Fees - Sec. 35.013. COLLECTION OF FEES. The department may sue to...
Subchapter B. Supervision and Conservatorship
Section 35.1001. Applicability to Bank Subsidiaries - Sec. 35.1001. APPLICABILITY TO BANK SUBSIDIARIES. This subchapter applies to...
Section 35.101. Order of Supervision - Sec. 35.101. ORDER OF SUPERVISION. (a) The banking commissioner by...
Section 35.102. Order of Conservatorship - Sec. 35.102. ORDER OF CONSERVATORSHIP. (a) The banking commissioner by...
Section 35.103. Notice and Hearing - Sec. 35.103. NOTICE AND HEARING. (a) An order issued under...
Section 35.104. Post-Hearing Order - Sec. 35.104. POST-HEARING ORDER. (a) If after the hearing the...
Section 35.105. Confidentiality of Records - Sec. 35.105. CONFIDENTIALITY OF RECORDS. An order issued under this...
Section 35.106. Authority of Supervisor - Sec. 35.106. AUTHORITY OF SUPERVISOR. During a period of supervision,...
Section 35.107. Authority of Conservator - Sec. 35.107. AUTHORITY OF CONSERVATOR. (a) A conservator appointed under...
Section 35.108. Qualifications of Appointee - Sec. 35.108. QUALIFICATIONS OF APPOINTEE. The banking commissioner may appoint...
Section 35.109. Expenses - Sec. 35.109. EXPENSES. (a) The banking commissioner shall determine and...
Section 35.110. Review of Supervisor or Conservator Decision - Sec. 35.110. REVIEW OF SUPERVISOR OR CONSERVATOR DECISION. (a) Notwithstanding...
Section 35.111. Venue - Sec. 35.111. VENUE. (a) A suit filed against a bank...
Section 35.112. Duration - Sec. 35.112. DURATION. A supervisor or conservator serves for the...
Section 35.113. Administrative Election of Remedies - Sec. 35.113. ADMINISTRATIVE ELECTION OF REMEDIES. The banking commissioner may...
Section 35.114. Release Before Hearing - Sec. 35.114. RELEASE BEFORE HEARING. This subchapter does not prevent...
Subchapter C. Unauthorized Activity: Investigation and Enforcement
Section 35.201. Inapplicability - Sec. 35.201. INAPPLICABILITY. This subchapter does not apply to a...
Section 35.202. Investigation of Unauthorized Activity - Sec. 35.202. INVESTIGATION OF UNAUTHORIZED ACTIVITY. (a) If the banking...
Section 35.203. Subpoena Authority - Sec. 35.203. SUBPOENA AUTHORITY. (a) This section applies only to...
Section 35.204. Enforcement of Subpoena - Sec. 35.204. ENFORCEMENT OF SUBPOENA. (a) If necessary, the banking...
Section 35.205. Confidentiality of Subpoenaed Records - Sec. 35.205. CONFIDENTIALITY OF SUBPOENAED RECORDS. (a) A book, account,...
Section 35.206. Evidence - Sec. 35.206. EVIDENCE. (a) On certification by the banking commissioner,...
Section 35.207. Cease and Desist Order - Sec. 35.207. CEASE AND DESIST ORDER. (a) The banking commissioner...
Section 35.208. Emergency Cease and Desist Order - Sec. 35.208. EMERGENCY CEASE AND DESIST ORDER. (a) The banking...
Section 35.209. Judicial Review of Cease and Desist Order - Sec. 35.209. JUDICIAL REVIEW OF CEASE AND DESIST ORDER. (a)...
Section 35.210. Violation of Final Cease and Desist Order - Sec. 35.210. VIOLATION OF FINAL CEASE AND DESIST ORDER. (a)...
Section 35.211. Administrative Penalty - Sec. 35.211. ADMINISTRATIVE PENALTY. (a) The banking commissioner may initiate...
Section 35.212. Payment and Appeal of Administrative Penalty - Sec. 35.212. PAYMENT AND APPEAL OF ADMINISTRATIVE PENALTY. (a) When...
Section 35.213. Judicial Review of Administrative Penalty - Sec. 35.213. JUDICIAL REVIEW OF ADMINISTRATIVE PENALTY. (a) If on...
Chapter 36 - Dissolution and Receivership
Section 36.001. Definition - Sec. 36.001. DEFINITION. In this chapter, "administrative expense" means: (1)...
Section 36.002. Remedies Exclusive - Sec. 36.002. REMEDIES EXCLUSIVE. (a) Unless the banking commissioner so...
Section 36.003. Federal Deposit Insurance Corporation as Liquidator - Sec. 36.003. FEDERAL DEPOSIT INSURANCE CORPORATION AS LIQUIDATOR. (a) The...
Section 36.004. Appointment of Independent Receiver - Sec. 36.004. APPOINTMENT OF INDEPENDENT RECEIVER. (a) On request of...
Section 36.005. Succession of Trust Powers - Sec. 36.005. SUCCESSION OF TRUST POWERS. (a) If a state...
Subchapter B. Voluntary Dissolution
Section 36.101. Initiating Voluntary Dissolution - Sec. 36.101. INITIATING VOLUNTARY DISSOLUTION. (a) A state bank may...
Section 36.102. Filing Resolutions With Banking Commissioner - Sec. 36.102. FILING RESOLUTIONS WITH BANKING COMMISSIONER. After resolutions to...
Section 36.103. Banking Commissioner Investigation and Consent - Sec. 36.103. BANKING COMMISSIONER INVESTIGATION AND CONSENT. The banking commissioner...
Section 36.104. Notice of Pending Dissolution - Sec. 36.104. NOTICE OF PENDING DISSOLUTION. (a) A state bank...
Section 36.105. Safe Deposits and Other Bailments - Sec. 36.105. SAFE DEPOSITS AND OTHER BAILMENTS. (a) A contract...
Section 36.106. Offices to Remain Open - Sec. 36.106. OFFICES TO REMAIN OPEN. Unless the banking commissioner...
Section 36.107. Fiduciary Activities - Sec. 36.107. FIDUCIARY ACTIVITIES. (a) As soon after publication of...
Section 36.108. Final Liquidation - Sec. 36.108. FINAL LIQUIDATION. (a) After the bank has taken...
Section 36.109. Application of Law to Bank in Dissolution - Sec. 36.109. APPLICATION OF LAW TO BANK IN DISSOLUTION. A...
Section 36.110. Authorization of Deviation From Procedures - Sec. 36.110. AUTHORIZATION OF DEVIATION FROM PROCEDURES. The banking commissioner...
Section 36.111. Closure by Banking Commissioner for Involuntary Dissolution and Liquidation - Sec. 36.111. CLOSURE BY BANKING COMMISSIONER FOR INVOLUNTARY DISSOLUTION AND...
Section 36.112. Application for New Charter - Sec. 36.112. APPLICATION FOR NEW CHARTER. After a state bank's...
Subchapter C. Involuntary Dissolution and Liquidation
Section 36.201. Action to Close State Bank - Sec. 36.201. ACTION TO CLOSE STATE BANK. (a) The banking...
Section 36.202. Notice and Effect of Closure; Appointment of Receiver - Sec. 36.202. NOTICE AND EFFECT OF CLOSURE; APPOINTMENT OF RECEIVER....
Section 36.203. Nature and Duration of Receivership - Sec. 36.203. NATURE AND DURATION OF RECEIVERSHIP. (a) The court...
Section 36.204. Contest of Liquidation - Sec. 36.204. CONTEST OF LIQUIDATION. (a) A state bank, acting...
Section 36.205. Notice of Bank Closing - Sec. 36.205. NOTICE OF BANK CLOSING. (a) As soon as...
Section 36.206. Inventory - Sec. 36.206. INVENTORY. As soon as reasonably practicable given the...
Section 36.207. Receiver's Title and Priority - Sec. 36.207. RECEIVER'S TITLE AND PRIORITY. (a) The receiver has...
Section 36.208. Rights Fixed - Sec. 36.208. RIGHTS FIXED. The rights and liabilities of the...
Section 36.209. Depositories - Sec. 36.209. DEPOSITORIES. (a) The receiver may deposit money collected...
Section 36.210. Pending Lawsuit - Sec. 36.210. PENDING LAWSUIT. (a) A judgment or order of...
Section 36.211. New Lawsuit - Sec. 36.211. NEW LAWSUIT. (a) Except as otherwise provided by...
Section 36.212. Requiring Record or Other Property in Possession of Other Person - Sec. 36.212. REQUIRING RECORD OR OTHER PROPERTY IN POSSESSION OF...
Section 36.213. Injunction in Aid of Liquidation - Sec. 36.213. INJUNCTION IN AID OF LIQUIDATION. (a) On application...
Section 36.214. Subpoena - Sec. 36.214. SUBPOENA. (a) The receiver may request the court...
Section 36.215. Executory Contract; Oral Agreement - Sec. 36.215. EXECUTORY CONTRACT; ORAL AGREEMENT. (a) Not later than...
Section 36.216. Preferences - Sec. 36.216. PREFERENCES. (a) A transfer of or lien on...
Section 36.217. Employees of Receiver - Sec. 36.217. EMPLOYEES OF RECEIVER. The receiver may employ agents,...
Section 36.218. Disposal of Property; Settling of Claim - Sec. 36.218. DISPOSAL OF PROPERTY; SETTLING OF CLAIM. (a) In...
Section 36.219. Court Order; Notice and Hearing - Sec. 36.219. COURT ORDER; NOTICE AND HEARING. If the court...
Section 36.220. Receiver's Report; Expenses - Sec. 36.220. RECEIVER'S REPORT; EXPENSES. (a) The receiver shall file...
Section 36.221. Court-Ordered Audit - Sec. 36.221. COURT-ORDERED AUDIT. The court may order an audit...
Section 36.222. Safe Deposits and Other Bailments - Sec. 36.222. SAFE DEPOSITS AND OTHER BAILMENTS. (a) A contract...
Section 36.223. Fiduciary Activities - Sec. 36.223. FIDUCIARY ACTIVITIES. (a) As soon after beginning the...
Section 36.224. Disposition and Maintenance of Records - Sec. 36.224. DISPOSITION AND MAINTENANCE OF RECORDS. (a) On approval...
Section 36.225. Records Admitted - Sec. 36.225. RECORDS ADMITTED. (a) A record of a bank...
Section 36.226. Resumption of Business - Sec. 36.226. RESUMPTION OF BUSINESS. (a) A state bank closed...
Section 36.227. Assets Discovered After Close of Receivership - Sec. 36.227. ASSETS DISCOVERED AFTER CLOSE OF RECEIVERSHIP. (a) The...
Subchapter D. Claims Against Receivership Estate
Section 36.301. Filing Claim - Sec. 36.301. FILING CLAIM. (a) This section applies only to...
Section 36.302. Proof of Claim - Sec. 36.302. PROOF OF CLAIM. (a) A proof of claim...
Section 36.303. Judgment as Proof of Claim - Sec. 36.303. JUDGMENT AS PROOF OF CLAIM. (a) A judgment...
Section 36.304. Secured Claim - Sec. 36.304. SECURED CLAIM. (a) The owner of a secured...
Section 36.305. Unliquidated or Undetermined Claim - Sec. 36.305. UNLIQUIDATED OR UNDETERMINED CLAIM. (a) A claim based...
Section 36.306. Set-Off - Sec. 36.306. SET-OFF. (a) Mutual credits and mutual debts shall...
Section 36.307. Action on Claim - Sec. 36.307. ACTION ON CLAIM. (a) Not later than six...
Section 36.308. Objection to Approved Claim - Sec. 36.308. OBJECTION TO APPROVED CLAIM. The receiver with court...
Section 36.309. Appeal of Rejected Claim - Sec. 36.309. APPEAL OF REJECTED CLAIM. (a) The receiver's rejection...
Section 36.310. Payment of Claim - Sec. 36.310. PAYMENT OF CLAIM. (a) Except as expressly provided...
Section 36.311. Priority of Claims Against Insured Bank - Sec. 36.311. PRIORITY OF CLAIMS AGAINST INSURED BANK. The distribution...
Section 36.312. Priority of Claims Against Uninsured Bank - Sec. 36.312. PRIORITY OF CLAIMS AGAINST UNINSURED BANK. (a) The...
Section 36.313. Excess Assets - Sec. 36.313. EXCESS ASSETS. (a) If bank assets remain after...
Section 36.314. Unclaimed Property - Sec. 36.314. UNCLAIMED PROPERTY. After completion of the liquidation, any...
Chapter 37 - Emergencies
Section 37.001. Definition - Sec. 37.001. DEFINITION. In this chapter, "emergency" means a condition...
Section 37.002. Emergency Closing of Office or Operation by Bank - Sec. 37.002. EMERGENCY CLOSING OF OFFICE OR OPERATION BY BANK....
Section 37.003. Emergency Closing of Office or Operation by Banking Commissioner - Sec. 37.003. EMERGENCY CLOSING OF OFFICE OR OPERATION BY BANKING...
Section 37.004. Effect of Closing - Sec. 37.004. EFFECT OF CLOSING. (a) A day on which...
Section 37.005. Limitations on Withdrawals From State Bank - Sec. 37.005. LIMITATIONS ON WITHDRAWALS FROM STATE BANK. (a) At...
Section 37.006. Financial Moratorium - Sec. 37.006. FINANCIAL MORATORIUM. (a) The banking commissioner, with the...
Section 37.007. Temporary Branch or Office - Sec. 37.007. TEMPORARY BRANCH OR OFFICE. (a) If the banking...
Section 37.008. Regulatory Coordination - Sec. 37.008. REGULATORY COORDINATION. (a) To ensure effective coordination among...
Chapter 59 - Miscellaneous Provisions
Section 59.001. Definitions - Sec. 59.001. DEFINITIONS. In this subchapter: (1) "Civil action" means...
Section 59.002. Slander or Libel of Bank - Sec. 59.002. SLANDER OR LIBEL OF BANK. (a) A person...
Section 59.003. Authority of Notary Public - Sec. 59.003. AUTHORITY OF NOTARY PUBLIC. A notary public is...
Section 59.004. Succession of Trust Powers - Sec. 59.004. SUCCESSION OF TRUST POWERS. (a) If, at the...
Section 59.005. Agency Activities - Sec. 59.005. AGENCY ACTIVITIES. (a) A financial institution may receive...
Section 59.006. Discovery of Customer Records - Sec. 59.006. DISCOVERY OF CUSTOMER RECORDS. (a) This section provides...
Section 59.007. Attachment, Injunction, Execution, or Garnishment - Sec. 59.007. ATTACHMENT, INJUNCTION, EXECUTION, OR GARNISHMENT. (a) An attachment,...
Section 59.008. Claims Against Customers of Financial Institutions - Sec. 59.008. CLAIMS AGAINST CUSTOMERS OF FINANCIAL INSTITUTIONS. (a) A...
Section 59.009. Compliance Review Committee - Sec. 59.009. COMPLIANCE REVIEW COMMITTEE. (a) A financial institution or...
Section 59.010. Confidentiality of Administrative Subpoena - Sec. 59.010. CONFIDENTIALITY OF ADMINISTRATIVE SUBPOENA. (a) Except to the...
Section 59.011. Lender Liability for Construction - Sec. 59.011. LENDER LIABILITY FOR CONSTRUCTION. (a) For purposes of...
Section 59.012. Loans for Developments That Use Harvested Rainwater - Sec. 59.012. LOANS FOR DEVELOPMENTS THAT USE HARVESTED RAINWATER. Financial...
Subchapter B. Safe Deposit Boxes
Section 59.101. Definition - Sec. 59.101. DEFINITION. In this subchapter, "safe deposit company" means...
Section 59.102. Authority to Act as Safe Deposit Company - Sec. 59.102. AUTHORITY TO ACT AS SAFE DEPOSIT COMPANY. Any...
Section 59.103. Relationship of Safe Deposit Company and Renter - Sec. 59.103. RELATIONSHIP OF SAFE DEPOSIT COMPANY AND RENTER. In...
Section 59.104. Delivery of Notice - Sec. 59.104. DELIVERY OF NOTICE. A notice required by this...
Section 59.105. Effect of Subchapter on Other Law - Sec. 59.105. EFFECT OF SUBCHAPTER ON OTHER LAW. This subchapter...
Section 59.106. Access by More Than One Person - Sec. 59.106. ACCESS BY MORE THAN ONE PERSON. (a) If...
Section 59.107. Nonemergency Opening and Relocation - Sec. 59.107. NONEMERGENCY OPENING AND RELOCATION. (a) A safe deposit...
Section 59.108. Emergency Opening and Relocation - Sec. 59.108. EMERGENCY OPENING AND RELOCATION. (a) A safe deposit...
Section 59.109. Termination of Rental; Lien; Sale of Contents - Sec. 59.109. TERMINATION OF RENTAL; LIEN; SALE OF CONTENTS. (a)...
Section 59.110. Routing Number on Key - Sec. 59.110. ROUTING NUMBER ON KEY. (a) A depository institution...
Subchapter C. Electronic Terminals
Section 59.201. Electronic Terminals Authorized; Sharing of Electronic Terminal - Sec. 59.201. ELECTRONIC TERMINALS AUTHORIZED; SHARING OF ELECTRONIC TERMINAL. (a)...
Section 59.202. User Fee for Shared Electronic Terminal - Sec. 59.202. USER FEE FOR SHARED ELECTRONIC TERMINAL. (a) The...
Subchapter D. Safety at Unmanned Teller Machines
Section 59.301. Definitions - Sec. 59.301. DEFINITIONS. In this subchapter: (1) "Access area" means...
Section 59.302. Exception for Certain Unmanned Teller Machines - Sec. 59.302. EXCEPTION FOR CERTAIN UNMANNED TELLER MACHINES. This subchapter...
Section 59.303. Applicability to Certain Persons Who Are Not Owners or Operators - Sec. 59.303. APPLICABILITY TO CERTAIN PERSONS WHO ARE NOT OWNERS...
Section 59.304. Construction of Subchapter - Sec. 59.304. CONSTRUCTION OF SUBCHAPTER. (a) This subchapter does not...
Section 59.305. Lighting Required - Sec. 59.305. LIGHTING REQUIRED. During the period beginning 30 minutes...
Section 59.306. Persons Required to Provide Lighting - Sec. 59.306. PERSONS REQUIRED TO PROVIDE LIGHTING. (a) Except as...
Section 59.307. Standards for Lighting - Sec. 59.307. STANDARDS FOR LIGHTING. The lighting must be at...
Section 59.308. Safety Evaluation - Sec. 59.308. SAFETY EVALUATION. (a) An owner or operator shall...
Section 59.309. Notice of Safety Precautions - Sec. 59.309. NOTICE OF SAFETY PRECAUTIONS. (a) An issuer of...
Section 59.310. Enforcement and Rules - Sec. 59.310. ENFORCEMENT AND RULES. (a) The finance commission and...