Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 4 - DEPARTMENT OF SAVINGS AND MORTGAGE LENDING › Chapter 75 - SAVINGS BANKS › Subchapter C - OPERATIONS › Division 1 - OFFICE LOCATIONS › Section 75.201 - Approval of Offices Required; Closing an Office; Activities Not Requiring an Approved Office

Current through Reg. 49, No. 28; July 12, 2024
(a) Approval
					 Required. No savings bank may establish, maintain, or relocate its home office,
					 or an additional office as provided by § 75.202 of this title (relating to
					 Types of Additional Offices), without the prior written approval of the
					 Commissioner, except as otherwise provided by § 75.133 of this title
					 (relating to Relocate Home or Additional Office).
(b) Ancillary Facilities. An authorized or
					 approved office of a savings bank is the place where the business of the
					 savings bank is conducted, and with the prior written consent of the
					 Commissioner, may include facilities ancillary thereto for the extension of the
					 savings bank's services to the public. Any authorized or approved office of a
					 savings bank also means, with the prior written consent of the Commissioner,
					 separate quarters or facilities to be used by the savings bank for the purpose
					 of performing service functions in the efficient conduct of its
					 business.
(c) Notice of Home
					 Office. All offices of a savings bank which are located outside the county of
					 its home office must display a sign which is suitable to advise the public of
					 the type of additional office which is located therein and the location of the
					 home office of such savings bank.
(d) Closing an Office. Before closing an
					 approved branch or other office, other than a temporary closure as provided by
					 § 75.203 of this title (relating to Temporary Closing of Additional
					 Offices), or an emergency closure as provided by Finance Code §
											93.011, a
					 savings bank must comply with the notice requirements of federal law, and
					 provide the Commissioner with a copy of the closing notice filed with the
					 appropriate federal banking agency upon filing such notice. A savings bank must
					 provide the Commissioner with confirmation within 10 days after the actual
					 closing date. Once closed, prior written approval from the Commissioner to
					 operate a branch or other office is deemed revoked, and a savings bank may not
					 reopen the branch or other office without seeking new approval from the
					 Commissioner.
(e) Activities Not
					 Requiring an Approved Office. The following activities of a savings bank, or
					 any combination thereof, may be performed at a location other than the home or
					 a branch office and such location does not constitute an "additional office"
					 requiring notice to or the prior approval of the Commissioner for purposes of
					 Finance Code §
											92.063:
(1) Automated or remote activities. A savings
					 bank may engage in limited banking activities through infrastructure and
					 equipment by automated or remote means, including use of an automated teller
					 machine (ATM), automated loan machine, automated device for receiving deposits
					 (remote deposit capture), or other remote service unit.
(2) Loan production activities. A savings
					 bank may engage in loan production activities including taking loan
					 applications, making a credit decision, accepting payments on loans, or
					 managing or selling real estate owned by the institution in connection with
					 such loans, unless such activity conflicts with applicable state or federal
					 law.
(3) Administrative activities
					 (administrative offices). A savings bank may establish or maintain
					 administrative offices to perform the internal operations of the bank, provided
					 the savings bank does not conduct banking activities.
(4) Advertising and marketing. A savings bank
					 may advertise and market itself to the public including soliciting deposits,
					 providing information about the financial products of the savings bank, and
					 assisting persons in completing application forms to open a deposit account,
					 provided the savings bank does not conduct banking activities.
(5) Trade association participation;
					 community events and engagement. A savings bank may participate in trade
					 association events promoting the banking or financial services industry
					 broadly. A savings bank may also host, attend, or otherwise participate in
					 community events, provided the savings bank does not conduct banking activities
					 at such event.
(6) Information
					 technology (IT) infrastructure. A savings bank may operate information
					 technology infrastructure or equipment including the placement of IT
					 infrastructure in a data center, the hosting or processing of a website or data
					 by a third party IT service provider, or such other physical presence tied to
					 the IT infrastructure of the savings bank.
(7) Ancillary customer service activities. A
					 savings bank may engage in customer service activities ancillary to its banking
					 functions including relating to accessing or using its website or a software
					 application.