Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 4 - DEPARTMENT OF SAVINGS AND MORTGAGE LENDING › Chapter 60 - SAVINGS ASSOCIATIONS › Subchapter C - OPERATIONS › Division 1 - OFFICE LOCATIONS › Section 60.201 - 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 association may establish, maintain, or relocate its home
					 office, or an additional office as provided by §
											60.202 of this title (relating to
					 Types of Additional Offices), without the prior written approval of the
					 Commissioner, except as otherwise provided by §
											60.133 of this title (relating to
					 Relocate Home or Additional Office).
(b) Ancillary Facilities. An authorized or
					 approved office of a savings association is the place where the business of the
					 savings association is conducted, and with the prior written consent of the
					 Commissioner, may include facilities ancillary thereto for the extension of the
					 savings association's services to the public. Any authorized or approved office
					 of a savings association also means, with the prior written consent of the
					 Commissioner, separate quarters or facilities to be used by the savings
					 association for the purpose of performing service functions in the efficient
					 conduct of its business.
(c) Notice
					 of Home Office. All offices of a savings association 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 association.
(d) Closing an Office. Before closing an
					 approved branch or other office, other than a temporary closure as provided by
					 §
											60.203 of this title (relating to
					 Temporary Closing of Additional Offices), or an emergency closure as provided
					 by Finance Code §
											63.009, a savings
					 association 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, if applicable, upon filing such notice. A
					 savings association must provide the Commissioner with confirmation on or
					 before 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 association 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 association, 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
					 §
											62.011:
(1) Automated or remote activities. A savings
					 association 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
					 association 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 association may establish or maintain
					 administrative offices to perform the internal operations of the institution,
					 provided the savings association does not conduct banking activities.
(4) Advertising and marketing. A savings
					 association may advertise and market itself to the public including soliciting
					 deposits, providing information about the financial products of the savings
					 association, and assisting persons in completing application forms to open a
					 deposit account, provided the savings association does not conduct banking
					 activities.
(5) Trade association
					 participation; community events and engagement. A savings association may
					 participate in trade association events promoting the banking or financial
					 services industry broadly. A savings association may also host, attend, or
					 otherwise participate in community events, provided the savings association
					 does not conduct banking activities at such event.
(6) Information technology (IT)
					 infrastructure. A savings association 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 association.
(7)
					 Ancillary customer service activities. A savings association may engage in
					 customer service activities ancillary to its banking functions including
					 relating to accessing or using its website or a software application.