reglab/housing_qa huggingface dataset:
TX Fin Code § 31.3015 (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 31.3015. Disclosure to State Banks

Sec. 31.3015.  DISCLOSURE TO STATE BANKS.  The banking commissioner may disclose to a state bank information about an affiliate or third-party service provider of the state bank. |Added by Acts 2017, 85th Leg., R.S., Ch. 599 (S.B. 1401), Sec. 4, eff. September 1, 2017.|
TX Fin Code § 31.302 (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 31.302. Disclosure to Finance Commission

Sec. 31.302.  DISCLOSURE TO FINANCE COMMISSION.  Confidential information may not be disclosed to a member of the finance commission, and a member of the commission may not be given access to the files and records of the department except that the banking commissioner may disclose to the commission information, files, and records pertinent to a hearing or matter pending before the commission.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 31.304 (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 31.304. Other Disclosure Prohibited; Penalty

Sec. 31.304.  OTHER DISCLOSURE PROHIBITED;  PENALTY.  (a)  Confidential information that is provided to a financial institution, affiliate, or service provider of a financial institution, whether in the form of a report of examination or otherwise, is the confidential property of the department.  The information may not be made public or disclosed by the recipient or by an officer, director, manager, employee, or agent of the recipient to a person not officially connected to the recipient as officer, director, employee, attorney, auditor, or independent auditor except as authorized by rules adopted under this subtitle.(b)  A person commits an offense if the person discloses or uses information in violation of this section.  An offense under this section is punishable as if it were an offense under Section 37.10, Penal Code.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 31.305 (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 31.305. Civil Discovery

Sec. 31.305.  CIVIL DISCOVERY.  Civil discovery of confidential information from a person subject to Section 31.304 under subpoena or other legal process must comply with rules adopted under this subtitle and other applicable law.  The rules may:(1)  restrict release of confidential information to the portion directly relevant to the legal dispute at issue;  and(2)  require that a protective order, in form and under circumstances specified by the rules, be issued by a court before release of the confidential information.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 412, Sec. 2.06, eff. Sept. 1, 2001.|
TX Fin Code § 31.306 (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 31.306. Investigative Information

Sec. 31.306.  INVESTIGATIVE INFORMATION.  Notwithstanding any other law, the banking commissioner may refuse to release information or records in the custody of the department if, in the opinion of the commissioner, release of the information or records might jeopardize an ongoing investigation of potentially unlawful activities.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 31.307 (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 31.307. Employment Information

Sec. 31.307.  EMPLOYMENT INFORMATION.  (a)  A person may provide employment information concerning the known or suspected involvement of a present or former employee, officer, or director of a financial institution in a violation of a state or federal law, rule, or regulation that has been reported to appropriate state or federal authorities to:(1)  the financial institution;  or(2)  a person providing employment information to the financial institution.(b)  A person may not be held liable for providing information under Subsection (a) unless the information provided is false and the person provided the information with disregard for the truth.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 31.308 (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 31.308. Shareholder Inspection Rights

Sec. 31.308.  SHAREHOLDER INSPECTION RIGHTS.  (a)  Notwithstanding Section 21.218 or 101.502, Business Organizations Code, a shareholder of a state bank may not examine:(1)  a report of examination or other confidential property of the department that is in the possession of the state bank; or(2)  a book or record of the state bank that directly or indirectly pertains to financial or other information maintained by the bank on behalf of its customers, including a specific item in the minutes of the board or a committee of the board regarding loan review and approval or a loan delinquency report that would tend to identify the bank's customer.(b)  This section does not affect a right of a shareholder of a state bank acting in another capacity.|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. 7, eff. September 1, 2007.|
TX Fin Code § 32.001 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|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)  One or more persons, a majority of whom are residents of this state, may organize a state bank as a banking association or a limited banking association.(b)  A state bank may:(1)  receive and pay deposits with or without interest, discount and negotiate promissory notes, borrow or lend money with or without security or interest, invest and deal in securities, buy and sell exchange, coin, and bullion, and exercise incidental powers as necessary to carry on the business of banking as provided by this subtitle;(2)  act as agent, or in a substantially similar capacity, with respect to a financial activity or an activity incidental or complementary to a financial activity;(3)  act in a fiduciary capacity, without giving bond, as guardian, receiver, executor, administrator, or trustee, including a mortgage or indenture trustee;(4)  provide financial, investment, or economic advisory services;(5)  issue or sell instruments representing pools of assets in which a bank may invest directly;(6)  with prior written approval of the banking commissioner, engage in a financial activity or an activity that is incidental or complementary to a financial activity;  and(7)  engage in any other activity, directly or through a subsidiary, authorized by this subtitle or rules adopted under this subtitle.(c)  For purposes of other state law, a banking association is considered a corporation and a limited banking association is considered a limited liability company.  To the extent consistent with this subtitle, a banking association may exercise the powers of a Texas business corporation and a limited banking association may exercise the powers of a Texas limited liability company as reasonably necessary to enable exercise of specific powers under this subtitle.(d)  A state bank may contribute to a community fund or to another charitable, philanthropic, or benevolent instrumentality conducive to public welfare an amount that the bank's board considers expedient and in the interests of the bank.(e)  A state bank may be organized or reorganized as a community development financial institution or may serve as a community development partner, as those terms are defined by the Riegle Community Development and Regulatory Improvement Act of 1994 (Pub.  L. No. 103-325).(f)  In the exercise of discretion consistent with the purposes of this subtitle, the banking commissioner may require a state bank to conduct an otherwise authorized activity through a subsidiary.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 528, Sec. 4, eff. Sept. 1, 2001.|
TX Fin Code § 32.003 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 32 - Powers, Organization, and Financial Requirements|Subchapter A. Organization and Powers in General|Section 32.003. Application for State Bank Charter; Standards for Approval

Sec. 32.003.  APPLICATION FOR STATE BANK CHARTER;  STANDARDS FOR APPROVAL.  (a)  An application for a state bank charter must be made under oath and in the form required by the banking commissioner, who shall inquire fully into the identity and character of each proposed director, officer, and principal shareholder.  The application must be accompanied by all charter fees and deposits required by law.(b)  The banking commissioner shall grant a state bank charter only if the commissioner determines that the organizers have established that public convenience and advantage will be promoted by the establishment of the state bank.  In determining whether public convenience and advantage will be promoted, the banking commissioner shall consider the convenience of the public to be served and whether:(1)  the organizational and capital structure and amount of initial capitalization is adequate for the business plan;(2)  the anticipated volume and nature of business indicates a reasonable probability of success and profitability based on the market sought to be served;(3)  the officers and directors as a group have sufficient banking experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the bank will operate in compliance with law and that success of the bank is probable;(4)  each principal shareholder has sufficient experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the bank will be free from improper or unlawful influence or interference with respect to the bank's operation in compliance with law; and(5)  the organizers are acting in good faith.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 528, Sec. 5, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 9, eff. September 1, 2007.|
TX Fin Code § 32.004 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 32 - Powers, Organization, and Financial Requirements|Subchapter A. Organization and Powers in General|Section 32.004. Notice and Investigation of Charter Application

Sec. 32.004.  NOTICE AND INVESTIGATION OF CHARTER APPLICATION.  (a)  The organizers shall solicit comments and protests by publishing notice of the application, its date of filing, and the identity of the organizers, in the form and frequency specified by the banking commissioner, in a newspaper of general circulation in the county in which the bank is to be located, or in another publication or location as directed by the banking commissioner.(b)  At the expense of the organizers, the banking commissioner shall thoroughly investigate the application.  The banking commissioner shall prepare a written report of the investigation.(c)  Rules adopted under this subtitle may specify the confidential or nonconfidential character of information obtained or prepared by the department under this chapter.  Except as provided by Subchapter D, Chapter 31, or in rules regarding confidential information, the business plan of the applicant and the financial statement of a proposed officer or director are confidential and not subject to public disclosure.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 412, Sec. 2.07, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 10, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 735 (H.B. 2754), Sec. 2, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 10.003, eff. September 1, 2009.|
TX Fin Code § 32.006 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 32 - Powers, Organization, and Financial Requirements|Subchapter A. Organization and Powers in General|Section 32.006. Issuance of Certificate of Authority

Sec. 32.006.  ISSUANCE OF CERTIFICATE OF AUTHORITY.  A state bank may not engage in the business of banking until it receives a certificate of authority from the banking commissioner.  The banking commissioner may not deliver the certificate of authority until the bank has:(1)  received cash for the issuance of all authorized shares in the full amount subscribed;(2)  elected or qualified the initial officers and directors named in the application for charter or other officers and directors approved by the banking commissioner; and(3)  complied with all the other requirements of this subtitle relating to the organization of state banks.|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. 11, eff. September 1, 2007.|
TX Fin Code § 32.007 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 32 - Powers, Organization, and Financial Requirements|Subchapter A. Organization and Powers in General|Section 32.007. Deadline to Begin Business

Sec. 32.007.  DEADLINE TO BEGIN BUSINESS.  If the state bank does not open and engage in the business of banking within six months after the date of the granting of its charter, the banking commissioner may forfeit the charter or cancel the conditional approval of application for charter without judicial action.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 32.008 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 32 - Powers, Organization, and Financial Requirements|Subchapter A. Organization and Powers in General|Section 32.008. Application of General Corporate Law

Sec. 32.008.  APPLICATION OF GENERAL CORPORATE LAW.  (a)  The Business Organizations Code applies to a banking association as if it were a for-profit corporation, and to a limited banking association as if it were a limited liability company, to the extent not inconsistent with this subtitle or the proper business of a state bank, except that:(1)  a reference in the Business Organizations Code to the secretary of state means the banking commissioner unless the context requires otherwise; and(2)  the right of shareholders to cumulative voting in the election of directors exists only if granted by the bank's certificate of formation.(b)  The finance commission may adopt rules to limit or refine the applicability of the laws listed by Subsection (a) to a state bank or to alter or supplement the procedures and requirements of those laws applicable to an action taken under this chapter.(c)  Unless expressly authorized by this subtitle or a rule adopted under this subtitle, a state bank may not take an action authorized by a law listed by Subsection (a) regarding its corporate status, its capital structure, or a matter of corporate governance, of the type for which those laws would require a filing with the secretary of state if the bank were a filing entity, without submitting the filing to the banking commissioner and obtaining the banking commissioner's prior written approval of the action.(d)  In this subtitle, a reference to a term or phrase listed in a subdivision of Section 1.006, Business Organizations Code, includes a synonymous term or phrase referenced by the same subdivision in Section 1.006 of that code.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 528, Sec. 6, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 12, eff. September 1, 2007.Acts 2013, 83rd Leg., R.S., Ch. 575 (S.B. 804), Sec. 3, eff. June 14, 2013.|
TX Fin Code § 32.011 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 32 - Powers, Organization, and Financial Requirements|Subchapter A. Organization and Powers in General|Section 32.011. Financial Activities

Sec. 32.011.  FINANCIAL ACTIVITIES.  (a)  The finance commission by rule may determine that an activity not otherwise approved or authorized for a state bank under this subtitle or other law is:(1)  a financial activity;(2)  incidental to a financial activity;  or(3)  complementary to a financial activity.(b)  In adopting a rule under Subsection (a), the finance commission shall consider:(1)  the purposes of this subtitle and the Gramm-Leach-Bliley Act (Pub.  L. No. 106-102);(2)  changes or reasonably expected changes in the marketplace in which state banks compete;(3)  changes or reasonably expected changes in the technology for delivering financial services;(4)  whether the activity is necessary or appropriate to allow a state bank to:(A)  compete effectively with another company seeking to provide financial services;(B)  efficiently deliver information and services that are financial in nature through the use of technological means, including an application necessary to protect the security or efficacy of systems for the transmission of data or financial transactions;  or(C)  offer customers available or emerging technological means for using financial services or for the document imaging of data;(5)  whether the activity would pose a substantial risk to the safety or soundness of a state bank or the financial system generally;(6)  if otherwise determined to be permissible, whether the conduct of the activity by a state bank should be qualified through the imposition of reasonable and necessary conditions to protect the public and require appropriate regard for safety and soundness of the bank and the financial system generally;  and(7)  whether a state bank would be permitted to engage in the activity under applicable federal law, including 12 U.S.C. Section 1831a, and related regulations.(c)  A rule adopted by the finance commission under this section does not alter or negate applicable licensing and regulatory requirements administered by a functional regulatory agency of this state, as defined by Section 31.303, including licensing and regulatory requirements pertaining to:(1)  insurance activities;(2)  securities activities;  and(3)  real estate development, marketing, and sales activities.|Added by Acts 2001, 77th Leg., ch. 528, Sec. 8, eff. Sept. 1, 2001.|
TX Fin Code § 32.101 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 32 - Powers, Organization, and Financial Requirements|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 FORMATION.  (a)  A state bank that has been granted a certificate of authority may amend or restate its certificate of formation for any lawful purpose, including the creation of authorized but unissued shares or participation shares in one or more classes or series.(b)  An amendment authorizing the issuance of shares or participation shares in series must contain:(1)  the designation of each series and a statement of any variations in the preferences, limitations, and relative rights among series to the extent that the preferences, limitations, and relative rights are to be established in the certificate of formation; and(2)  a statement of any authority to be vested in the bank's board to establish series and determine the preferences, limitations, and relative rights of each series.(c)  Amendment or restatement of the certificate of formation of a state bank and approval of the bank's board and shareholders must be made or obtained as provided by the Business Organizations Code except as otherwise provided by this subtitle or rules adopted under this subtitle.  The original and one copy of the certificate of amendment or restated certificate of formation must be filed with the banking commissioner for approval.  Unless the submission presents novel or unusual questions, the banking commissioner shall approve or reject the amendment or restatement not later than the 31st day after the date the banking commissioner considers the submission informationally complete and accepted for filing.  The banking commissioner may require the submission of additional information as considered necessary to an informed decision to approve or reject any amendment or restatement of a certificate of formation under this section.  If the banking commissioner finds that the amendment or restatement conforms to law and any conditions imposed by the banking commissioner, and any required filing fee has been paid, the banking commissioner shall:(1)  endorse the face of the original and copy of the amendment or restatement with the date of approval and the word "Approved";(2)  file the original of the amendment or restatement in the department's records; and(3)  deliver a certified copy of the amendment or restatement to the bank.(e)  An amendment or restatement, if approved, takes effect on the date of approval unless the amendment or restatement provides for a different effective date.|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. 13, eff. September 1, 2007.Acts 2013, 83rd Leg., R.S., Ch. 575 (S.B. 804), Sec. 5, eff. June 14, 2013.Acts 2013, 83rd Leg., R.S., Ch. 575 (S.B. 804), Sec. 6, eff. June 14, 2013.|