reglab/statecodes huggingface dataset:
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter A. General Provisions › Section 59.009. Compliance Review Committee

Sec. 59.009.  COMPLIANCE REVIEW COMMITTEE.  (a)  A financial institution or an affiliate of a financial institution, including its holding company, may establish a compliance review committee to test, review, or evaluate the financial institution's conduct, transactions, or potential transactions for the purpose of monitoring and improving or enforcing compliance with:
(1)  a statutory or regulatory requirement;
(2)  financial reporting to a governmental agency;
(3)  the policies and procedures of the financial institution or its affiliates;  or
(4)  safe, sound, and fair lending practices.
(b)  Except as provided by Subsection (c):
(1)  a compliance review document is confidential and is not discoverable or admissible in evidence in a civil action;
(2)  an individual serving on a compliance review committee or acting under the direction of a compliance review committee may not be required to testify in a civil action as to:
(A)  the contents or conclusions of a compliance review document;  or
(B)  an action taken or discussions conducted by or for a compliance review committee;  and
(3)  a compliance review document or an action taken or discussion conducted by or for a compliance review committee that is disclosed to a governmental agency remains confidential and is not discoverable or admissible in a civil action.
(c)  Subsection (b)(2) does not apply to an individual who has management responsibility for the operations, records, employees, or activities being examined or evaluated by the compliance review committee.
(d)  This section does not limit the discovery or admissibility in a civil action of a document that is not a compliance review document.
Renumbered from Sec. 59.007 and amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.016, eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter A. General Provisions › Section 59.010. Confidentiality of Administrative Subpoena

Sec. 59.010.  CONFIDENTIALITY OF ADMINISTRATIVE SUBPOENA.  (a)  Except to the extent disclosure is necessary to locate and produce responsive records, an administrative subpoena that meets the requirements of Subsection (b) and is served on a financial institution may provide that the financial institution to whom the subpoena is directed may not:
(1)  disclose that the subpoena has been issued;
(2)  identify or describe any records requested in the subpoena;  or
(3)  disclose whether records have been furnished in response to the subpoena.
(b)  The government agency issuing the subpoena may prohibit the disclosure of information described in Subsection (a) only if the agency finds, and the subpoena states the agency's finding that:
(1)  the records relate to an ongoing criminal investigation by the agency;  and
(2)  the disclosure could significantly impede or jeopardize the investigation.
(c)  For purposes of this section, "administrative subpoena" means a valid and enforceable subpoena requesting customer records, issued under the laws of this state by a government agency exercising investigatory or adjudicative functions with respect to a matter within the agency's jurisdiction.
Added by Acts 2001, 77th Leg., ch. 528, Sec. 16, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter A. General Provisions › Section 59.011. Lender Liability for Construction

Sec. 59.011.  LENDER LIABILITY FOR CONSTRUCTION.  (a)  For purposes of Chapter 27, Property Code, a federally insured financial institution regulated under this code is not a builder.
(b)  A lender regulated by this code that forecloses on or otherwise acquires a home through the foreclosure process or other legal means when the loan is in default is not liable to a subsequent purchaser for any construction defects of which the lender had no knowledge that were created prior to the acquisition of the home by the lender.
(c)  A builder hired by a lender to complete the construction of a foreclosed home is not liable for any construction defects of which the builder had no knowledge that existed prior to the acquisition of the home by the lender, but the builder is subject to Chapter 27, Property Code, for work performed for the lender subsequent to the acquisition of the home by the lender.
Added by Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 5.01, eff. September 1, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 9.002, eff. September 1, 2023.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter A. General Provisions › Section 59.012. Loans for Developments That Use Harvested Rainwater

Sec. 59.012.  LOANS FOR DEVELOPMENTS THAT USE HARVESTED RAINWATER.  Financial institutions may consider making loans for developments that will use harvested rainwater as the sole source of water supply.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1311 (H.B. 3391), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter B. Safe Deposit Boxes › Section 59.101. Definition

Sec. 59.101.  DEFINITION.  In this subchapter, "safe deposit company" means a person who maintains and rents safe deposit boxes.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter B. Safe Deposit Boxes › Section 59.102. Authority to Act as Safe Deposit Company

Sec. 59.102.  AUTHORITY TO ACT AS SAFE DEPOSIT COMPANY.  Any person may be a safe deposit company.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter B. Safe Deposit Boxes › Section 59.103. Relationship of Safe Deposit Company and Renter

Sec. 59.103.  RELATIONSHIP OF SAFE DEPOSIT COMPANY AND RENTER.  In a safe deposit transaction the relationship of the safe deposit company and the renter is that of lessor and lessee and landlord and tenant, and the rights and liabilities of the safe deposit company are governed accordingly in the absence of a contract or statute to the contrary.  The lessee is considered for all purposes to be in possession of the box and its contents.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter B. Safe Deposit Boxes › Section 59.104. Delivery of Notice

Sec. 59.104.  DELIVERY OF NOTICE.  A notice required by this subchapter to be given to a lessee of a safe deposit box must be in writing and personally delivered or sent by registered or certified mail, return receipt requested, to each lessee at the most recent address of the person according to the records of the safe deposit company.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter B. Safe Deposit Boxes › Section 59.105. Effect of Subchapter on Other Law

Sec. 59.105.  EFFECT OF SUBCHAPTER ON OTHER LAW.  This subchapter does not affect Chapter 151, Estates Code, or another statute of this state governing safe deposit boxes.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 20.010, eff. September 1, 2015.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter B. Safe Deposit Boxes › Section 59.106. Access by More Than One Person

Sec. 59.106.  ACCESS BY MORE THAN ONE PERSON.  (a)  If a safe deposit box is leased in the name of two or more persons jointly or if a person other than the lessee is designated in the lease agreement as having a right of access to the box, each of those persons is entitled to have access to the box and to remove its contents in the absence of a contract to the contrary.  This right of access and removal is not affected by the death or incapacity of another person who is a lessee or otherwise entitled to have access to the box.
(b)  A safe deposit company is not responsible for damage arising from access to a safe deposit box or removal of any of its contents by a person with a right of access to the box.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter B. Safe Deposit Boxes › Section 59.107. Nonemergency Opening and Relocation

Sec. 59.107.  NONEMERGENCY OPENING AND RELOCATION.  (a)  A safe deposit company may not relocate a safe deposit box rented for a term of at least six months if the box rental is not delinquent or open a safe deposit box to relocate its contents to another safe deposit box or other location except:
(1)  in the presence of the lessee;
(2)  with the lessee's written authorization;  or
(3)  as otherwise provided by this section or Section 59.108.
(b)  A safe deposit box may not be relocated under this section unless the storage conditions at the new location are at least as secure as the conditions at the original box location.
(c)  Not later than the 30th day before the scheduled date of a nonemergency relocation, the safe deposit company shall give notice of the relocation to each lessee of the safe deposit box.  The notice must state the scheduled date and time of the relocation and whether the box will be opened during the relocation.
(d)  A lessee may personally supervise the relocation or authorize the relocation in writing if notice is given to each lessee.
(e)  If during the relocation the box is opened and a lessee does not personally supervise the relocation or has not authorized the relocation in writing, two employees, at least one of whom is an officer or manager of the safe deposit company and at least one of whom is a notary public, shall inventory the contents of the box in detail.  The safe deposit company shall notify each lessee of the new box number or location not later than the 30th day after the date of the relocation and shall include a signed and notarized copy of the inventory report.  The cost of a certified mailing other than the first notice sent in connection with each relocation may be treated as box rental due at the expiration of the rental term.
(f)  This section does not apply to a relocation of a safe deposit box within the same building.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.30, eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter B. Safe Deposit Boxes › Section 59.108. Emergency Opening and Relocation

Sec. 59.108.  EMERGENCY OPENING AND RELOCATION.  (a)  A safe deposit company may relocate a safe deposit box or open the box to relocate its contents to another box or location without complying with Sections 59.107(a)-(d) if the security of the original box is threatened or destroyed by natural disaster, including tornado, flood, fire, or other unforeseeable circumstances beyond the control of the safe deposit company.
(b)  The safe deposit company shall follow the procedure provided by Section 59.107(e), except that the notice of the new box number or location must be given not later than the 90th day after the date of a relocation under this section.
(c)  This section does not apply to a relocation of a safe deposit box within the same building.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter B. Safe Deposit Boxes › Section 59.109. Termination of Rental; Lien; Sale of Contents

Sec. 59.109.  TERMINATION OF RENTAL; LIEN; SALE OF CONTENTS.  (a)  A safe deposit company may not terminate an agreement for the rental of a safe deposit box unless:
(1)  the safe deposit company has delivered or sent to the lessee a notice not later than the 90th day before the date of the termination and has provided the lessee an opportunity to retrieve the contents during normal business hours throughout the duration of the notice period; or
(2)  the payment for the rental of a safe deposit box is delinquent for at least six months, and the lessee fails to pay the rent due following notice provided under Subsection (a-1).
(a-1)  If the payment for the rental of a safe deposit box is delinquent for at least six months, or if the rental agreement is otherwise terminated, the safe deposit company shall send notice to each lessee that the company will remove the contents of the box if the rent is not paid or, if the rental agreement is otherwise terminated, the contents are not retrieved before the date specified in the notice, which may not be earlier than the 60th day after the date the notice is delivered or sent.
(a-2)  If the delinquent rent is not paid or, if the rental agreement is otherwise terminated, the contents are not retrieved before the date specified in the notice, the safe deposit company may open the box in the presence of two employees, at least one of whom is an officer or manager of the safe deposit company and at least one of whom is a notary public.  The safe deposit company shall inventory the contents of the box in detail as provided by the comptroller's reporting instructions and place the contents of the box in a sealed envelope or container bearing the name of the lessee.
(b)  The safe deposit company has a lien on the contents of the box for an amount equal to the rental owed for the box and the cost of opening the box.  The safe deposit company may retain possession of the contents not later than two years from the date of the opening of the box plus a reasonable period to dispose of the contents of the box.  If the rental and the cost of opening the box are not paid before the second anniversary of the date the box was opened, or if the rental agreement is being terminated for a reason other than delinquent payment, and the lessee has failed to retrieve the contents in a reasonable period after notice of the termination has been sent or delivered, the safe deposit company may sell all or part of the contents at public auction in the manner and with the notice prescribed by Section 51.002, Property Code, for the sale of real property under a deed of trust.  Any unsold contents of the box and any excess proceeds from a sale of contents shall be remitted to the comptroller as provided by Chapters 72-75, Property Code.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 915 (S.B. 1400), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter B. Safe Deposit Boxes › Section 59.110. Routing Number on Key

Sec. 59.110.  ROUTING NUMBER ON KEY.  (a)  A depository institution that rents or permits access to a safe deposit box shall imprint the depository institution's routing number on each key to the box or on a tag attached to the key.
(b)  If a depository institution believes that the routing number imprinted on a key, or on a tag attached to a key, used to open a safe deposit box has been altered or defaced so that the correct routing number is illegible, the depository institution shall notify the Department of Public Safety of the State of Texas, on a form designed by the banking commissioner, not later than the 10th day after the date the key is used to open the box.
(c)  This section does not require a depository institution to inspect the routing number imprinted on a key or an attached tag to determine whether the number has been altered or defaced.  A depository institution that has imprinted a key to a safe deposit box or a tag attached to the key as provided by this section and that follows applicable law and the depository institution's established security procedures in permitting access to the box is not liable for any damage arising because of access to or removal of the contents of the box.
(d)  Subsection (a) does not apply to a key issued under a lease in effect on September 1, 1992, until the date the term of that lease expires, without regard to any extension of the lease term.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › 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)  A person may install, maintain, and operate one or more electronic terminals at any location for the convenience of customers of financial institutions.
(b)  Financial institutions may agree in writing to share in the use of an electronic terminal on a reasonable, nondiscriminatory basis and on the condition that a financial institution using an electronic terminal may be required to meet necessary and reasonable technical standards and to pay charges for the use of the electronic terminal.  The standards or charges imposed must be reasonable, fair, equitable, and nondiscriminatory among the financial institutions.  Any charges imposed:
(1)  may not exceed an equitable proportion of the cost of establishing the electronic terminal, including provisions for amortization of development costs and capital expenditures over a reasonable period, and the cost of operation and maintenance of the electronic terminal, plus a reasonable return on those costs;  and
(2)  must be related to the services provided to the financial institution or its customers.
(c)  This section does not apply to:
(1)  an electronic terminal located at the domicile or home office or a branch of a financial institution;  or
(2)  the use by a person of an electronic terminal, regardless of location, solely to withdraw cash, make account balance inquiries, or make transfers between the person's accounts in the same financial institution.
(d)  In this section, the term "financial institution" has the meaning assigned by Section 201.101.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 356, Sec. 1, eff. Aug. 30, 1999;  Acts 1999, 76th Leg., ch. 344, Sec. 2.017, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 412, Sec. 2.16, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter C. Electronic Terminals › Section 59.202. User Fee for Shared Electronic Terminal

Sec. 59.202.  USER FEE FOR SHARED ELECTRONIC TERMINAL.  (a)  The owner of an electronic terminal that is located in this state and that is connected to a shared network may impose a fee for the use of that terminal if imposition of the fee is disclosed at a time and in a manner that allows a user to avoid the transaction without incurring the transaction fee.
(b)  An agreement to share an electronic terminal may not:
(1)  limit the right of the owner of an electronic terminal to charge a fee described by Subsection (a) as allowed by the law of this state or the United States;
(2)  require the owner to limit or waive its rights or obligations under this section;  or
(3)  otherwise discriminate in any manner against the owner as a result of the owner's charging of a fee authorized under this section.
(c)  In this section:
(1)  "Electronic fund transfer" means any transfer of money, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal and orders, instructs, or authorizes a financial institution to debit or credit an account.  The term includes a point-of-sale transfer, an unmanned teller machine transaction, and a cash dispensing machine transaction.
(2)  "Electronic terminal" means an electronic device, other than a telephone, through which a consumer may initiate an electronic fund transfer.  The term includes a point-of-sale terminal, an unmanned teller machine, and a cash dispensing machine.
(3)  "Financial institution" has the meaning assigned by Section 201.101.
(4)  "Shared network" means an electronic information communication and processing facility used by two or more owners of electronic terminals to receive, transmit, or retransmit electronic impulses or other electronic indicia of transactions, originating at electronic terminals, to financial institutions or to other transmission facilities for the purpose of:
(A)  the withdrawal by a customer of money from the customer's account, including a withdrawal under a line of credit previously authorized by a financial institution for the customer;
(B)  the deposit of money by a customer in the customer's account with a financial institution;
(C)  the transfer of money by a customer between one or more accounts maintained by the customer with a financial institution, including the application of money against an indebtedness of the customer to the financial institution;  or
(D)  a request for information by a customer concerning the balance of the customer's account with a financial institution.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.018, eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter D. Safety at Unmanned Teller Machines › Section 59.302. Exception for Certain Unmanned Teller Machines

Sec. 59.302.  EXCEPTION FOR CERTAIN UNMANNED TELLER MACHINES.  This subchapter does not apply to an unmanned teller machine:
(1)  by which:
(A)  a customer of a financial institution can authorize and effect the electronic transfer of money from the customer's account at the financial institution to a merchant's account at a financial institution in the county or municipality in which the terminal is located to obtain cash or to purchase, rent, or pay for goods or services;  and
(B)  the merchant can ascertain that the transaction has been completed and the money has been or will be transferred to the merchant's account at the merchant's financial institution in the county or municipality in which the terminal is located;  or
(2)  located:
(A)  inside a building:
(i)  unless the building is a freestanding installation existing solely to provide an enclosure for the machine;  or
(ii)  except to the extent a transaction can be conducted from outside the building;  or
(B)  in an area not controlled by the owner or operator of the machine.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter D. Safety at Unmanned Teller Machines › Section 59.303. Applicability to Certain Persons Who Are Not Owners or Operators

Sec. 59.303.  APPLICABILITY TO CERTAIN PERSONS WHO ARE NOT OWNERS OR OPERATORS.  (a)  A person is not an owner or operator solely because the person's primary function is to provide for the exchange, transfer, or dissemination of electronic fund transfer data.
(b)  A person whose primary function is to provide for the exchange, transfer, or dissemination of electronic fund transfer data and who is not an owner or operator is not liable to a customer or user of an unmanned teller machine for a claim arising out of or in connection with a use or attempted use of the machine.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter D. Safety at Unmanned Teller Machines › Section 59.304. Construction of Subchapter

Sec. 59.304.  CONSTRUCTION OF SUBCHAPTER.  (a)  This subchapter does not require the relocation or modification of an unmanned teller machine on the occurrence of a particular event or circumstance.
(b)  A violation of this subchapter or a rule adopted under this subchapter is not negligence per se.  Substantial compliance with this subchapter and each rule adopted under this subchapter is prima facie evidence that a person has provided adequate safety protection measures relating to an unmanned teller machine under this subchapter.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter D. Safety at Unmanned Teller Machines › Section 59.305. Lighting Required

Sec. 59.305.  LIGHTING REQUIRED.  During the period beginning 30 minutes after sunset and ending 30 minutes before sunrise, lighting shall be provided for:
(1)  an unmanned teller machine;
(2)  the machine's access area and defined parking area;  and
(3)  the exterior of the machine's enclosure, if the machine is located in an enclosure.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter D. Safety at Unmanned Teller Machines › Section 59.306. Persons Required to Provide Lighting

Sec. 59.306.  PERSONS REQUIRED TO PROVIDE LIGHTING.  (a)  Except as provided by Subsection (b), the owner or operator shall provide the lighting required by this subchapter.
(b)  A person who leases the site where an unmanned teller machine is located shall provide the lighting required by this subchapter if the person controls the access area or defined parking area for the machine and the owner or operator does not control the access area or defined parking area.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter D. Safety at Unmanned Teller Machines › Section 59.307. Standards for Lighting

Sec. 59.307.  STANDARDS FOR LIGHTING.  The lighting must be at least:
(1)  10 candlefoot power at the face of the unmanned teller machine and extending in an unobstructed direction outward five feet;
(2)  two candlefoot power within 50 feet from any unobstructed direction from the face of the machine, except as provided by Subdivision (3);
(3)  if the machine is located within 10 feet of the corner of a building and is generally accessible from the adjacent side, two candlefoot power along the first 40 unobstructed feet of the adjacent side of the building;  and
(4)  two candlefoot power in the part of the defined parking area within 60 feet of the unmanned teller machine.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter D. Safety at Unmanned Teller Machines › Section 59.308. Safety Evaluation

Sec. 59.308.  SAFETY EVALUATION.  (a)  An owner or operator shall in good faith evaluate the safety of each unmanned teller machine that the person owns or operates.
(b)  In making the evaluation, the owner or operator shall consider:
(1)  the extent to which the lighting for the machine complies with Section 59.307;
(2)  the presence of obstructions, including landscaping and vegetation, in the area of the machine and the access area and defined parking area for the machine;  and
(3)  the incidence of violent crimes in the immediate neighborhood of the machine as shown by local law enforcement records and of which the owner or operator has actual knowledge.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter D. Safety at Unmanned Teller Machines › Section 59.309. Notice of Safety Precautions

Sec. 59.309.  NOTICE OF SAFETY PRECAUTIONS.  (a)  An issuer of an access device shall give the customer a notice of basic safety precautions that the customer should follow while using an unmanned teller machine.
(b)  The issuer shall personally deliver or mail the notice to each customer whose mailing address is in this state according to records for the account to which the access device relates.  If the issuer furnishes an access device to more than one customer on the same account, the issuer is required to furnish a notice to only one of the customers.
(c)  The issuer may furnish information under this section with other disclosures related to the access device, including an initial or periodic disclosure statement furnished under the Electronic Fund Transfer Act (15 U.S.C. Section 1693 et seq.).
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle A - Banks › Chapter 59 - Miscellaneous Provisions › Subchapter D. Safety at Unmanned Teller Machines › Section 59.310. Enforcement and Rules

Sec. 59.310.  ENFORCEMENT AND RULES.  (a)  The finance commission and the Credit Union Commission shall enforce this subchapter and adopt rules to implement this subchapter.
(b)  The rules must establish security requirements to be implemented by a financial institution for the operation of an unmanned teller machine.  The rules may require the financial institution to install and maintain security devices in addition to those required by this subchapter to be operated in conjunction with the machine for the protection of customers using the machine, including:
(1)  video surveillance equipment that is maintained in working order and operated continuously during the hours of operation of the machine;  and
(2)  adequate lighting around the premises that contain the machine.
(b-1)  The rules may provide for a system that enhances customer security, taking into account emerging technologies, the availability of networks to exchange information, and the potential compliance costs for financial institutions and other unmanned teller machine service providers.
(c)  A financial institution that violates a rule adopted under this section is subject to a civil penalty of not less than $50 or more than $1,000 for each day of violation and each act of violation.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 692 (H.B. 1795), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle B - Savings and Loan Associations › Chapter 61 - General Provisions › Section 61.001. Short Title

Sec. 61.001.  SHORT TITLE.  This subtitle may be cited as the Texas Savings and Loan Act.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle B - Savings and Loan Associations › Chapter 61 - General Provisions › Section 61.003. Control; Subsidiary

Sec. 61.003.  CONTROL;  SUBSIDIARY.  (a)  For the purposes of this subtitle, a person controls an association if the person has the power to direct or cause the direction of the management and policies of the association directly or indirectly.  A person is considered to control an association if the person, individually or acting with others, directly or indirectly holds with the power to vote, owns, or controls, or holds irrevocable proxies representing, at least 25 percent of the voting rights of the association.
(b)  For the purposes of this subtitle, a company is a subsidiary of an association if the association or another company directly or indirectly controlled by the association controls the company.  An association is considered to control a company if the association, directly or indirectly or acting with one or more other individuals or entities or through one or more subsidiaries:
(1)  holds with the power to vote, owns, or controls, or holds proxies representing, more than 25 percent of the voting shares of the company;
(2)  controls in any manner the election of a majority of the directors of the company;
(3)  is a general partner in the company;  or
(4)  has contributed more than 25 percent of the equity capital of the company.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle B - Savings and Loan Associations › Chapter 61 - General Provisions › Section 61.004. Notice of Hearing; Right to Respond

Sec. 61.004.  NOTICE OF HEARING;  RIGHT TO RESPOND.  (a)  Notice of a hearing under this subtitle shall be given to each association and federal association in the county in which the subject matter of the hearing is or will be located, except that notice of a hearing held under an order under Chapter 66 shall be given to each party affected by the order.
(b)  Each interested party is entitled to an opportunity to respond and present evidence and argument on each issue involved in a hearing under this subtitle.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle B - Savings and Loan Associations › Chapter 61 - General Provisions › Section 61.005. Record of Proceeding

Sec. 61.005.  RECORD OF PROCEEDING.  On written request by an interested party, the commissioner shall keep a formal record of the proceedings of a hearing under this subtitle.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle B - Savings and Loan Associations › Chapter 61 - General Provisions › Section 61.006. Decision or Order

Sec. 61.006.  DECISION OR ORDER.  (a)  A decision or order adverse to a party who has appeared and participated in a hearing must be in writing and include separately stated findings of fact and conclusions of law on the issues material to the decision or order.  Findings of fact that are stated in statutory language must be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
(b)  A decision or order entered after a hearing becomes final and appealable 15 days after the date it is entered unless a party files a motion for rehearing before that date.  If the motion for rehearing is overruled, the decision or order becomes final and appealable on the date the order overruling the motion is entered.
(c)  Each party to a hearing shall be promptly notified personally or by mail of a decision, order, or other action taken in respect to the subject matter of the hearing.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle B - Savings and Loan Associations › Chapter 61 - General Provisions › Section 61.007. Fees

Sec. 61.007.  FEES.  The finance commission by rule shall:
(1)  set the amount of fees the commissioner charges for:
(A)  supervision and examination of associations;
(B)  filing an application or other documents;  and
(C)  other services the commissioner performs;  and
(2)  specify the time and manner of payment of the fees.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 22, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle B - Savings and Loan Associations › Chapter 62 - Organizational and Financial Requirements › Subchapter A. Incorporation in General › Section 62.001. Application to Incorporate

Sec. 62.001.  APPLICATION TO INCORPORATE.  (a)  Five or more residents of this state may apply to incorporate an association by submitting to the commissioner an application and the filing fee.
(b)  An application must contain:
(1)  two copies of the association's articles of incorporation identifying:
(A)  the name of the association;
(B)  the location of the principal office;  and
(C)  the names and addresses of the initial directors;
(2)  two copies of the association's bylaws;
(3)  data sufficiently detailed and comprehensive to enable the commissioner to make a determination under Section 62.007, including statements, exhibits, and maps;
(4)  other information relating to the association and its operation that the finance commission by rule requires;  and
(5)  financial information about each applicant, incorporator, director, or shareholder that the finance commission by rule requires.
(c)  Financial information described by Subsection (b)(5) is confidential and not subject to public disclosure unless the commissioner finds that public disclosure is necessary.
(d)  The articles of incorporation and statements of fact shall be signed and sworn to.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 23, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle B - Savings and Loan Associations › Chapter 62 - Organizational and Financial Requirements › Subchapter A. Incorporation in General › Section 62.002. Additional Incorporation Requirements for Capital Stock Association

Sec. 62.002.  ADDITIONAL INCORPORATION REQUIREMENTS FOR CAPITAL STOCK ASSOCIATION.  (a)  A capital stock association's articles of incorporation must include a statement of:
(1)  the aggregate number of shares of common stock that the association may issue;
(2)  the par value of each share or that the shares are without par value;
(3)  whether the association may issue preferred stock;
(4)  the amount of stock that has been subscribed and will be paid for before the association begins business;
(5)  the name and address of each subscriber and the amount subscribed by each;  and
(6)  the amount of paid-in surplus with which the association will begin business.
(b)  Before approving the application of a capital stock association, the commissioner may require the association to have an aggregate amount of capital in the form of stock and paid-in surplus that the finance commission by rule specifies.
(c)  The subscriptions for capital stock and paid-in surplus, less lawful expenditures, shall be returned pro rata to the subscribers if:
(1)  the application is not approved;  or
(2)  the association does not begin business.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle B - Savings and Loan Associations › Chapter 62 - Organizational and Financial Requirements › Subchapter A. Incorporation in General › Section 62.003. Additional Incorporation Requirements for Mutual Association

Sec. 62.003.  ADDITIONAL INCORPORATION REQUIREMENTS FOR MUTUAL ASSOCIATION.  (a)  A mutual association's articles of incorporation must include a statement of the amount of savings liability of the association and the amount of the expense fund with which the association will begin business.
(b)  Before approving the articles of incorporation of a mutual association, the commissioner may require the association to have subscriptions for an aggregate amount of savings accounts and an expense fund in an aggregate amount that the commissioner, under rules of the finance commission, finds is necessary for the successful operation of the association.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle B - Savings and Loan Associations › Chapter 62 - Organizational and Financial Requirements › Subchapter A. Incorporation in General › Section 62.004. Approval of Managing Officer

Sec. 62.004.  APPROVAL OF MANAGING OFFICER.  (a)  An association may not begin business before:
(1)  it presents to the commissioner the name and qualifications of its managing officer;  and
(2)  the commissioner approves the managing officer.
(b)  An applicant is not required at a hearing on the application to specify in the public record the name or qualifications of the managing officer of the association.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle B - Savings and Loan Associations › Chapter 62 - Organizational and Financial Requirements › Subchapter A. Incorporation in General › Section 62.005. Corporate Name

Sec. 62.005.  CORPORATE NAME.  (a)  The name of an association must include the words "Savings Association," "Savings Institution," "Savings and Loan Association," or "Savings and Loan Institution," preceded by one or more appropriate descriptive words approved by the commissioner.
(b)  The commissioner may not approve the incorporation of an association that has the same name as another association authorized to do business in this state under this subtitle or a name so nearly resembling the name of another association as to be calculated to deceive unless the association is formed:
(1)  by the reincorporation, reorganization, or consolidation of other associations;  or
(2)  on the sale of the property or franchise of an association.
(c)  A person who is not an association authorized to do business under this subtitle may not do business under a name or title that:
(1)  indicates or reasonably implies that the business being done is the type of business carried on or transacted by an association;  or
(2)  is calculated to lead a person to believe that the business being done is the type of business carried on or transacted by an association.
(d)  On application by the commissioner or an association, a court may enjoin a violation of this section.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle B - Savings and Loan Associations › Chapter 62 - Organizational and Financial Requirements › Subchapter A. Incorporation in General › Section 62.006. Hearing on Application to Incorporate

Sec. 62.006.  HEARING ON APPLICATION TO INCORPORATE.  (a)  On the filing of a complete application to incorporate, the commissioner shall:
(1)  issue public notice of the application;  and
(2)  give any interested person an opportunity to appear, present evidence, and be heard for or against the application.
(b)  A hearing officer designated by the commissioner shall preside over the hearing.
(c)  The hearing officer shall file with the commissioner a report on the hearing.  The report must:
(1)  specify findings of fact on each condition described by Section 62.007(a);  and
(2)  identify the evidence that forms the basis for the findings.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle B - Savings and Loan Associations › Chapter 62 - Organizational and Financial Requirements › Subchapter A. Incorporation in General › Section 62.007. Decision on Application to Incorporate; Issuance of Certificate of Incorporation

Sec. 62.007.  DECISION ON APPLICATION TO INCORPORATE;  ISSUANCE OF CERTIFICATE OF INCORPORATION.  (a)  The commissioner may approve an application to incorporate only if the commissioner finds that:
(1)  the prerequisites to incorporation required by this chapter are satisfied;
(2)  the character, responsibility, and general fitness of each person named in the articles of incorporation command confidence and warrant belief that:
(A)  the business of the association will be honestly and efficiently conducted in accordance with the intent and purpose of this subtitle;  and
(B)  the association will have qualified full-time management;
(3)  there is a public need for the association;
(4)  the volume of business in the community in which the association will conduct its business indicates a profitable operation is probable;  and
(5)  the operation of the association will not unduly harm an existing association.
(b)  On finding that the requirements of Subsection (a) are fulfilled, the commissioner shall:
(1)  enter an order approving the application and stating the findings required by Subsection (a);
(2)  issue under official seal a certificate of incorporation;
(3)  deliver a copy of the approved articles of incorporation and bylaws to the incorporators;  and
(4)  permanently retain a copy of the articles and bylaws.
(c)  On delivery of the certificate of incorporation to the incorporators, the association:
(1)  is a corporate body with perpetual existence unless terminated by law;  and
(2)  may exercise the powers of an association beginning on the date the commissioner certifies receipt of satisfactory proof that the association has received in cash and free of encumbrance:
(A)  the required amount of the capital stock and paid-in surplus if the association is a capital stock association;  or
(B)  the required amount of the savings liability and expense fund if the association is a mutual association.
(d)  On denial of an application, the commissioner shall enter an order denying the application and include a written statement specifying the grounds for the denial.  The commissioner shall deliver by certified mail a copy of the order to the designated representative of the incorporators.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle B - Savings and Loan Associations › Chapter 62 - Organizational and Financial Requirements › Subchapter A. Incorporation in General › Section 62.008. Preference for Local Control

Sec. 62.008.  PREFERENCE FOR LOCAL CONTROL.  If an application to incorporate a new association that proposes to locate an office in a community is before the commissioner at the same time as an application to establish an additional office in the same community from an existing association and the principal office of the existing association is located in a county other than the county in which the community is located, the commissioner may give additional weight to the application of the applicant that has the greater degree of control vested in or held by residents of the community.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 3 - Financial Institutions and Businesses › Subtitle B - Savings and Loan Associations › Chapter 62 - Organizational and Financial Requirements › Subchapter A. Incorporation in General › Section 62.009. Deadline for Commencing Business

Sec. 62.009.  DEADLINE FOR COMMENCING BUSINESS.  (a)  An association shall begin business not later than the first anniversary of the date the commissioner approves the association's application.
(b)  On the request of the incorporators and for good cause shown, the commissioner may grant a reasonable extension of the deadline prescribed by Subsection (a).
(c)  The commissioner may rescind the authority to operate of an association that does not begin business as required by this subtitle.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.