reglab/housing_qa huggingface dataset:
TX Fin Code § 31.001 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 31 - General Provisions|Subchapter A. General Provisions|Section 31.001. Short Title

Sec. 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.|
TX Fin Code § 31.003 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 31 - General Provisions|Subchapter A. General Provisions|Section 31.003. Banking Rules

Sec. 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 to:(1)  implement and clarify this subtitle and Chapters 11, 12, and 13;(2)  preserve or protect the safety and soundness of state banks;(3)  grant at least the same rights and privileges to state banks that are or may be granted to national banks domiciled in this state;(4)  recover the cost of maintaining and operating the department and the cost of enforcing this subtitle and other applicable law by imposing and collecting ratable and equitable fees for notices, applications, and examinations;  and(5)  facilitate the fair hearing and adjudication of matters before the banking commissioner and the finance commission.(b)  In adopting rules, the finance commission shall consider the need to:(1)  promote a stable banking environment;(2)  provide the public with convenient, safe, and competitive banking services;(3)  preserve and promote the competitive position of state banks with regard to national banks and other depository institutions in this state consistent with the safety and soundness of state banks and the state bank system;  and(4)  allow for economic development in this state.(c)  The presence or absence in this subtitle or Chapter 11, 12, or 13 of a specific reference to rules regarding a particular subject does not enlarge or diminish the rulemaking authority provided by this section.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 528, Sec. 2, eff. Sept. 1, 2001.|
TX Fin Code § 31.004 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 31 - General Provisions|Subchapter A. General Provisions|Section 31.004. Unauthorized Banking

Sec. 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 business of banking or represent to the public that it is conducting the business of banking in this state.(b)  This section does not prohibit the continued operation of a bank, trust company, bank and trust company, or savings bank by:(1)  a person, partnership, trustee, or trustee operating under a common law declaration of trust who:(A)  was actively engaged in the operation of the institution on June 13, 1923;  or(B)  operated the institution for any period of at least 20 years before June 13, 1923, and resumed operations of the institution not later than June 13, 1924;  or(2)  a legal representative or successor of a person or entity described by Subdivision (1).|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 31.005 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 31 - General Provisions|Subchapter A. General Provisions|Section 31.005. Implying That Person Is Bank

Sec. 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 word in its name, stationery, or advertising in a manner that would imply to the public that the person is engaged in the business of banking in this state.(b)  Subsection (a) does not apply to a depository institution or other entity organized under the laws of this state, another state, the United States, or a foreign sovereign state to the extent that the depository institution or other entity is:(1)  authorized under its charter or the laws of this state or the United States to use a term, word, character, ideogram, phonogram, or phrase prohibited by Subsection (a);  and(2)  authorized by the laws of this state or the United States to conduct the activities in which it is engaged in this state.(c)  A person violating this section is subject to an enforcement action initiated by the banking commissioner under Subchapter C, Chapter 35, except that the maximum administrative penalty under Section 35.211 for violation involving only Subsection (a) is $500 for each day the violation continues.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.003, eff. Sept. 1, 1999.|
TX Fin Code § 31.006 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 31 - General Provisions|Subchapter A. General Provisions|Section 31.006. Liability of Depository Institution Directors and Personnel

Sec. 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 a director, officer, agent, or employee of a depository institution in this state.  Except as limited by those provisions, a disinterested director, officer, or employee of a depository institution may not be held personally liable in an action seeking monetary damages arising from the conduct of the depository institution's affairs unless the damages resulted from the gross negligence or wilful or intentional misconduct of the person during the person's term of office or service with the depository institution.(b)  A director, officer, or employee of a depository institution is disinterested with respect to a decision or transaction if:(1)  the person fully discloses any interest in the decision or transaction and does not participate in the decision or transaction; or(2)  the decision or transaction does not involve any of the following:(A)  personal profit for the person through dealing with the depository institution or usurping an opportunity of the depository institution;(B)  buying or selling an asset of the depository institution in a transaction in which the person has a direct or indirect pecuniary interest;(C)  dealing with another depository institution or other person in which the person is a director, officer, or employee or otherwise has a significant direct or indirect financial interest; or(D)  dealing with a family member of the person.(c)  A director or officer who, in performing the person's duties and functions, acts in good faith and reasonably believes that reliance is warranted is entitled to rely on information, including an opinion, report, financial statement or other type of statement or financial data, decision, judgment, or performance, prepared, presented, made, or rendered by:(1)  one or more directors, officers, or employees of the depository institution, or of an entity under joint or common control with the depository institution, who the director or officer reasonably believes merit confidence;(2)  legal counsel, a public accountant, or another person who the director or officer reasonably believes merits confidence; or(3)  a committee of the board of which the director is not a member.(d)  In this section, "family member" means a person's:(1)  spouse;(2)  minor child;  or(3)  adult child who resides in the person's home.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 3, eff. September 1, 2007.|
TX Fin Code § 31.007 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 31 - General Provisions|Subchapter A. General Provisions|Section 31.007. Exemption of Bank Directors and Personnel From Securities Law

Sec. 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 shareholders or of a bank holding company with fewer than 500 shareholders that controls a bank that has its main office or a branch located in this state is exempt from the registration and licensing provisions of The Securities Act (Title 12, Government Code) with respect to that person's participation in a transaction, including a sale, involving securities issued by:(1)  the bank or bank holding company of which that person is an officer, director, or employee;(2)  a bank holding company that controls the bank of which that person is an officer, director, or employee; or(3)  a bank controlled by the bank holding company of which that person is an officer, director, or employee.(b)  A person may not be compensated for services performed under the exemption provided by this section.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.004, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 4, eff. September 1, 2007.Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.11, eff. January 1, 2022.|
TX Fin Code § 31.101 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 31 - General Provisions|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 shall:(1)  supervise and regulate, as provided by this subtitle, Subtitles F and G, and Chapter 12, state banks, trust companies, and state-licensed foreign bank branches, agencies, and representative offices;(2)  administer and enforce this subtitle, Subtitles F and G, and Chapter 12 in person, through a deputy banking commissioner or another officer or employee of the department, or through a supervisor, conservator, or other agent;  and(3)  administer and enforce laws other than this subtitle, Subtitles F and G, and Chapter 12 as directed by those other laws.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.50, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 412, Sec. 2.01, eff. Sept. 1, 2001.|Sec. 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 a published interpretive statement by issuing an amended statement or notice of repeal of a statement.(b)  An interpretive statement may be disseminated by newsletter, via an electronic medium such as the internet, in a volume of statutes or related materials published by the banking commissioner or others, or by other means reasonably calculated to notify persons affected by the interpretive statement.  Notice of an amended or withdrawn statement must be disseminated in a substantially similar manner as the affected statement was originally disseminated.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.005, eff. Sept. 1, 1999.|
TX Fin Code § 31.103 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 31 - General Provisions|Subchapter B. Regulation of Banking by Banking Commissioner|Section 31.103. Issuance of Opinion

Sec. 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 or through a deputy banking commissioner or department attorney.(b)  If the banking commissioner determines that the opinion is useful for the general guidance of the public, state banks, or trust companies, the commissioner may disseminate the opinion by newsletter, via an electronic medium such as the internet, in a volume of statutes or related materials published by the banking commissioner or others, or by other means reasonably calculated to notify persons affected by the opinion. A published opinion must be redacted to preserve the confidentiality of the requesting party unless the requesting party consents to be identified in the published opinion.(c)  The banking commissioner may amend or repeal a published opinion by issuing an amended opinion or notice of repeal of an opinion and disseminating the opinion or notice in a substantially similar manner as the affected statement or opinion was originally disseminated. The requesting party, however, may rely on the original opinion if:(1)  all material facts were originally disclosed to the banking commissioner;(2)  the safety and soundness of the affected bank will not be affected by further reliance on the original opinion;  and(3)  the text and interpretation of relevant, governing provisions of this subtitle or Chapter 12 have not been changed by legislative or judicial action.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.005, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 412, Sec. 2.02, eff. Sept. 1, 2001.|
TX Fin Code § 31.104 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 31 - General Provisions|Subchapter B. Regulation of Banking by Banking Commissioner|Section 31.104. Effect of Interpretive Statement or Opinion

Sec. 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 Chapter 2001, Government Code, unless adopted by the finance commission as provided by Chapter 2001, Government Code.  An interpretive statement or opinion is an administrative construction of this subtitle or Chapter 12 entitled to great weight if the construction is reasonable and does not conflict with this subtitle or Chapter 12.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 31.106 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 31 - General Provisions|Subchapter B. Regulation of Banking by Banking Commissioner|Section 31.106. Cost of Regulation

Sec. 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;(2)  the equitable or proportionate cost of maintenance and operation of the department;  and(3)  the cost of enforcement of this subtitle and Chapter 12.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 31.107 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 31 - General Provisions|Subchapter B. Regulation of Banking by Banking Commissioner|Section 31.107. Regulation and Examination of Related Entities

Sec. 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 its own premises:(1)  the activities of a state bank affiliate; and(2)  the services or activities of a third-party service provider that a state bank or state bank affiliate has contracted for or otherwise arranged to be performed on behalf of the state bank or state bank affiliate.(b)  The banking commissioner may collect a fee from an examined third-party service provider or affiliate in connection with each examination to cover the cost of the examination or may collect that fee from the state banks that use the examined third-party service provider.(c)  For purposes of this section, a state bank affiliate does not include a company in which ownership or membership is limited to individuals and conditioned by law on the existence and maintenance of professional licensing.(d)  To promote regulatory efficiency, if, in the preceding 24 months, a third-party service provider or affiliate has been examined by a federal or state financial services regulatory agency or by a member agency of the Federal Financial Institutions Examination Council, or its successor agency, the banking commissioner may accept the results of that examination instead of conducting the banking commissioner's own examination of the third-party service provider or affiliate.  Nothing in this subsection shall be construed as limiting or restricting the banking commissioner from participating in an examination of a third-party service provider or affiliate conducted by a federal or state financial services regulatory agency or by a member agency of the Federal Financial Institutions Examination Council, or its successor agency.(e)  A third-party service provider that refuses to submit to examination or to pay an assessed fee for examination under this section is subject to an enforcement action under Chapter 35.  With respect to a third-party service provider's refusal to submit to examination, the banking commissioner may notify all state banks of the refusal and warn that continued use of the third-party service provider may constitute an unsafe and unsound banking practice.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2017, 85th Leg., R.S., Ch. 599 (S.B. 1401), Sec. 2, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 652 (S.B. 1823), Sec. 3, eff. September 1, 2019.|
TX Fin Code § 31.108 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 31 - General Provisions|Subchapter B. Regulation of Banking by Banking Commissioner|Section 31.108. Call Report; Penalty

Sec. 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.(b)  The finance commission by rule may:(1)  require call reports to be filed with the banking commissioner at the intervals the commission determines;(2)  specify the form of a call report, including the confidential and public information to be in the call report;  and(3)  require public information in call reports of state banks to be published at the times and in the publications and locations the commission determines.(c)  A state bank that fails to timely file its call report as required by this section is subject to a penalty not exceeding $500 a day to be collected by suit by the attorney general on behalf of the banking commissioner.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 31.201 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 31 - General Provisions|Subchapter C. Administrative Procedure|Section 31.201. Banking Commissioner Hearing; Informal Disposition

Sec. 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 for decision or review.  The hearing must be conducted under Chapter 2001, Government Code.  A matter made confidential by law must be considered by the banking commissioner in a closed hearing.(b)  A hearing before the banking commissioner that is required or authorized by law may be conducted by a hearing officer on behalf of the banking commissioner.(c)  This section does not grant a right to hearing to a person that is not otherwise granted by governing law.(d)  The banking commissioner may informally dispose of a matter within the jurisdiction of and before the banking commissioner by consent order, agreed settlement, or default.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 412, Sec. 2.04, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 422 (H.B. 3555), Sec. 1, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 422 (H.B. 3555), Sec. 2, eff. September 1, 2015.|
TX Fin Code § 31.202 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 31 - General Provisions|Subchapter C. Administrative Procedure|Section 31.202. Appeal of Banking Commissioner Decision or Order

Sec. 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 Chapter 12 after a hearing to a district court in Travis County as provided by Section 31.204.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 11, eff. September 1, 2019.|
TX Fin Code § 31.204 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 31 - General Provisions|Subchapter C. Administrative Procedure|Section 31.204. Appeal to District Court

Sec. 31.204.  APPEAL TO DISTRICT COURT.  A person affected by a final order of the banking commissioner may appeal the final order by filing a petition for judicial review in a district court in Travis County as provided by Chapter 2001, Government Code.  A petition for judicial review filed in the district court does not stay or vacate the appealed order unless the court, after notice and hearing, expressly stays or vacates the order.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 11, eff. September 1, 2019.|
TX Fin Code § 31.301 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 31 - General Provisions|Subchapter D. Confidentiality of Information|Section 31.301. Disclosure by Department Prohibited

Sec. 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 may not be disclosed by the banking commissioner or an employee of the department:(1)  information directly or indirectly obtained by the department in any manner, including an application or examination, concerning the financial condition or business affairs of a financial institution, a present, former, or prospective shareholder, officer, director, or affiliate of a financial institution, or a third-party service provider of a financial institution or its affiliate, other than information in a published statement or in the public portion of a call report or profit and loss statement; and(2)  all related files and records of the department.(b)  Information obtained by the department from a federal or state regulatory agency that is confidential under federal or state law may not be disclosed except as provided by federal or state law.(c)  The banking commissioner or an officer or employee of the department commits an offense if the person:(1)  discloses information or permits access to a file or record of the department;  and(2)  knows at the time of disclosure or permission that the disclosure or permission violates this subchapter.(d)  An offense under this section is a Class A misdemeanor.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 412, Sec. 2.05, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 6, eff. September 1, 2007.Acts 2017, 85th Leg., R.S., Ch. 599 (S.B. 1401), Sec. 3, eff. September 1, 2017.|