reglab/housing_qa huggingface dataset:
TX Fin Code § 181.004 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter A. General Provisions|Section 181.004. Implying That Person Is Trust Company

Sec. 181.004.  IMPLYING THAT PERSON IS TRUST COMPANY.  (a)  A person or company may not use in a business name or advertising the words "trust," "trust company," or any similar term or phrase, any word pronounced "trust" or "trust company," any foreign word that means "trust" or "trust company," or any term that tends to imply that the business is holding out to the public that it engages in the business of a fiduciary for hire unless the banking commissioner has approved the use in writing after finding that the use will not be misleading.  This subsection does not prohibit an individual from engaging in the business of a fiduciary for compensation or from using the words "trust" or "trustee" for the purpose of identifying assets held or actions taken in an existing capacity.(b)  Subsection (a) does not apply to:(1)  a trust institution authorized under this subtitle to conduct a trust business in this state;  or(2)  another entity organized under the laws of this state, another state, the United States, or a foreign sovereign state to the extent that:(A)  the entity is 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(B)  the entity is authorized by the laws of this state or the United States to conduct the activities in which the entity is engaged in this state.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 6.004(a), eff. Sept. 1, 2001.|
TX Fin Code § 181.006 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter A. General Provisions|Section 181.006. Exemption of Trust Institution Directors and Personnel From Securities Law

Sec. 181.006.  EXEMPTION OF TRUST INSTITUTION DIRECTORS AND PERSONNEL FROM SECURITIES LAW.  An officer, director, manager, managing participant, or employee of a trust institution with fewer than 500 shareholders or participants, including a state trust company or a trust institution organized under the laws of another state that lawfully maintains an office in this state, or a holding company with fewer than 500 shareholders or participants that controls a trust institution 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 the trust institution or the holding company of which that person is an officer, director, manager, managing participant, or employee if the person is not compensated for the person's participation in the transaction.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 6.005(a), eff. Sept. 1, 2001.Amended by: Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 2.15, eff. January 1, 2022.|
TX Fin Code § 181.007 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter A. General Provisions|Section 181.007. Attachment, Injunction, or Execution

Sec. 181.007.  ATTACHMENT, INJUNCTION, OR EXECUTION.  An attachment, injunction, or execution to collect a money judgment or secure a prospective money judgment against a trust institution, including a state trust company or a trust institution organized under the laws of another state that lawfully maintains an office in this state, or against a client of or client account in the trust institution, is governed by Sections 59.007 and 59.008.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 6.006(a), eff. Sept. 1, 2001.|
TX Fin Code § 181.101 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter B. Regulation of Trust Companies by Banking Department|Section 181.101. Issuance of Interpretive Statements

Sec. 181.101.  ISSUANCE OF INTERPRETIVE STATEMENTS.  (a)  The banking commissioner:(1)  may issue interpretive statements containing matters of general policy for the guidance of the public and state trust companies;  and(2)  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 published in a substantially similar manner as the affected statement was originally published.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 6.007(a), eff. Sept. 1, 2001.|
TX Fin Code § 181.102 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter B. Regulation of Trust Companies by Banking Department|Section 181.102. Issuance of Opinion

Sec. 181.102.  ISSUANCE OF OPINION.  (a)  In response to a specific request from a member of the public or 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 trust companies and the public, the banking 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 published. 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 trust companies will not be affected by further reliance on the original opinion;  and(3)  the text and interpretation of relevant governing provisions of this subtitle have not been changed by legislative or judicial action.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 412, Sec. 3.01, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 6.007(a), eff. Sept. 1, 2001.|
TX Fin Code § 181.103 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter B. Regulation of Trust Companies by Banking Department|Section 181.103. Effect of Interpretive Statement or Opinion

Sec. 181.103.  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 as a rule by the finance commission as provided by Chapter 2001, Government Code.  An interpretive statement or opinion is an administrative construction of this subtitle entitled to great weight if the construction is reasonable and does not conflict with this subtitle.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.|
TX Fin Code § 181.105 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter B. Regulation of Trust Companies by Banking Department|Section 181.105. Cost of Regulation

Sec. 181.105.  COST OF REGULATION.  Each state trust company shall pay, through the imposition and collection of fees established by the finance commission under Section 181.003(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.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.|
TX Fin Code § 181.106 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter B. Regulation of Trust Companies by Banking Department|Section 181.106. Regulation and Examination of Related Entities

Sec. 181.106.  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 trust company on its own premises:(1)  the activities of a state trust company affiliate; and(2)  the services or activities of a third-party service provider that a state trust company or state trust company affiliate has contracted for or otherwise arranged to be performed on behalf of the state trust company or state trust company 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 trust companies that use the examined third-party service provider.(c)  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.(d)  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 185.  With respect to a third-party service provider's refusal to submit to examination, the banking commissioner may notify all state trust companies of the refusal and warn that continued use of the third-party service provider may constitute an unsafe and unsound fiduciary practice.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.Amended by: Acts 2017, 85th Leg., R.S., Ch. 599 (S.B. 1401), Sec. 10, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 652 (S.B. 1823), Sec. 9, eff. September 1, 2019.|
TX Fin Code § 181.107 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter B. Regulation of Trust Companies by Banking Department|Section 181.107. Statements of Condition and Income; Penalty

Sec. 181.107.  STATEMENTS OF CONDITION AND INCOME;  PENALTY.  (a)  Each state trust company periodically shall file with the banking commissioner a copy of its statement of condition and income.(b)  The finance commission by rule may:(1)  require the statement to be filed with the banking commission at the intervals the finance commission determines;(2)  specify the form of the statement of condition and income, including specified confidential and public information to be in the statement;  and(3)  require public information in the statement to be published at the times and in the publications and locations the finance commission determines.(c)  A statement of condition and income is a public record except for:(1)  portions of the statement designated confidential by the banking commissioner; and(2)  the statement of condition and income for a state trust company exempt under Section 182.011 or 182.019 with regard to the period during which the exemption is in effect.(d)  A state trust company that fails to file a statement of condition and income on or before the date it is due is, after notice and hearing, subject to a penalty of not more than $500 a day for each day of noncompliance.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 250 (S.B. 875), Sec. 3, eff. September 1, 2015.|
TX Fin Code § 181.108 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter B. Regulation of Trust Companies by Banking Department|Section 181.108. Liability of Commission and Department Officers and Personnel Limited

Sec. 181.108.  LIABILITY OF COMMISSION AND DEPARTMENT OFFICERS AND PERSONNEL LIMITED.  (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 employee of the department, or an agent of the banking commissioner is not personally liable for damages arising from the person's official act or omission unless the act or omission is corrupt or malicious.(b)  The attorney general shall defend an action brought against a person because of an official act or omission under Subsection (a), regardless of whether the defendant has terminated service with the department before the action commences.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 412, Sec. 3.03, eff. Sept. 1, 2001.|
TX Fin Code § 181.201 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter C. Administrative Procedure|Section 181.201. Banking Commissioner Hearing; Informal Disposition

Sec. 181.201.  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 hearings 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.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 412, Sec. 3.04, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 422 (H.B. 3555), Sec. 7, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 422 (H.B. 3555), Sec. 8, eff. September 1, 2015.|
TX Fin Code § 181.202 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter C. Administrative Procedure|Section 181.202. Appeal of Banking Commissioner Decision or Order

Sec. 181.202.  APPEAL OF BANKING COMMISSIONER DECISION OR ORDER.  Except as expressly provided otherwise by this subtitle, a person affected by a decision or order of the banking commissioner made under this subtitle after a hearing may appeal the decision or order to a district court in Travis County as provided by Section 181.204.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.Amended by: Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 22, eff. September 1, 2019.|
TX Fin Code § 181.204 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter C. Administrative Procedure|Section 181.204. Appeal to District Court

Sec. 181.204.  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 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.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.Amended by: Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 22, eff. September 1, 2019.|
TX Fin Code § 181.301 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter D. Confidentiality of Information|Section 181.301. Disclosure by Department Prohibited

Sec. 181.301.  DISCLOSURE BY DEPARTMENT PROHIBITED.  (a)  Except as expressly provided otherwise by this subtitle 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 through an application or examination, concerning the financial condition or business affairs of a state trust company, a present, former, or prospective shareholder, participant, officer, director, manager, or affiliate of the state trust company, or a third-party service provider of the state trust company or its affiliate, other than the public portions of a report of condition or income statement; and(2)  each related file or record 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.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 412, Sec. 3.05, eff. Sept. 1, 2001.Amended by: Acts 2017, 85th Leg., R.S., Ch. 599 (S.B. 1401), Sec. 11, eff. September 1, 2017.|
TX Fin Code § 181.3015 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter D. Confidentiality of Information|Section 181.3015. Disclosure to State Trust Companies

Sec. 181.3015.  DISCLOSURE TO STATE TRUST COMPANIES.  The banking commissioner may disclose to a state trust company information about an affiliate or third-party service provider of the state trust company.|Added by Acts 2017, 85th Leg., R.S., Ch. 599 (S.B. 1401), Sec. 12, eff. September 1, 2017.|
TX Fin Code § 181.302 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter D. Confidentiality of Information|Section 181.302. Disclosure to Finance Commission

Sec. 181.302.  DISCLOSURE TO FINANCE COMMISSION.  Confidential information may not be disclosed to a member of the finance commission.  A member of the finance commission may not be given access to the files and records of the department except that the banking commissioner may disclose to the finance commission information, files, and records pertinent to a hearing or matter pending before the finance commission.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.|
TX Fin Code § 181.303 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 181 - General Provisions|Subchapter D. Confidentiality of Information|Section 181.303. Disclosure to Other Agencies

Sec. 181.303.  DISCLOSURE TO OTHER AGENCIES.  (a)  For purposes of this section, "affiliated group," "agency," "functional regulatory agency," and "privilege" have the meanings assigned by Section 31.303.(b)  The banking commissioner may, as the banking commissioner considers necessary or proper to the enforcement of the laws of this state, another state, the United States, or a foreign sovereign state with whom the United States currently maintains diplomatic relations, or in the best interest of the public, disclose information in the possession of the department to another agency. The banking commissioner may not disclose information under this section that is confidential under applicable state or federal law unless:(1)  the recipient agency agrees to maintain the confidentiality and take all reasonable steps to oppose an effort to secure disclosure of the information from the agency;  or(2)  the banking commissioner determines in the exercise of discretion that the interest of law enforcement outweighs and justifies the potential for disclosure of the information by the recipient agency.(c)  The banking commissioner by agreement may establish an information sharing and exchange program with a functional regulatory agency that has overlapping regulatory jurisdiction with the department, with respect to all or part of an affiliated group, including a financial institution, to reduce the potential for duplicative and burdensome filings, examinations, and other regulatory activities.  Each agency party to the agreement must agree to maintain confidentiality of information that is confidential under applicable state or federal law and take all reasonable steps to oppose any effort to secure disclosure of the information from the agency.  An agreement may also specify procedures regarding use and handling of confidential information and identify types of information to be shared and procedures for sharing on a recurring basis.(d)  Disclosure of information by or to the banking commissioner under this section does not constitute a waiver of or otherwise affect or diminish an evidentiary privilege to which the information is otherwise subject, whether or not the disclosure is governed by a confidentiality agreement.(e)  Notwithstanding other law, an agency of this state:(1)  may execute, honor, and comply with an agreement to maintain confidentiality and oppose disclosure of information obtained from the banking commissioner as provided in this section;  and(2)  shall treat as confidential any information obtained from the banking commissioner that is entitled to confidential treatment under applicable state or federal law and take all reasonable steps to oppose an effort to secure disclosure of the information from the agency.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 528, Sec. 19, eff. Sept. 1, 2001.|