Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter E - BANKING HOUSE AND OTHER FACILITIES › Section 3.93 - Deposit Production Offices

Current through Reg. 49, No. 28; July 12, 2024
(a) Engaging in
				  deposit production activities. A Texas state bank may, to the extent authorized
				  by its board of directors, engage in deposit production activities at a site
				  other than the home office or a branch of the bank, including establishing a
				  deposit production office (DPO) of the bank. A DPO may only solicit deposits,
				  provide information about deposit products, and assist persons in completing
				  application forms and related documents to open a deposit account. A DPO is not
				  a branch within the meaning of Finance Code, §
										RSA
				  31.002(a)(8), so long as it
				  does not engage the public in the business of banking as defined by Finance
				  Code, §
										RSA
				  31.002(a)(4), including
				  making loans, receiving deposits, and paying withdrawals, drafts, or checks.
				  All such deposit or withdrawal activity must be performed by the state bank
				  customer in person at the home office or a branch, or by mail, electronic
				  transfer, or similar transfer method with the home office or a
				  branch.
(b) Notification to the
				  banking commissioner. Pursuant to Finance Code, §
										RSA
				  32.204(b), a Texas state
				  bank shall notify the banking commissioner in writing before the 31st day
				  preceding the date of establishment of a DPO, except the banking commissioner
				  in the exercise of discretion may waive or shorten the period. The written
				  notification must include the physical address of the DPO, a list of the
				  specific activities to be performed at the planned DPO, and other information
				  which the banking commissioner may reasonably request.
(c) Relocation or closure of a DPO. A Texas
				  state bank which seeks to relocate or close an established DPO shall notify the
				  banking commissioner in writing before the fifth day preceding the date of the
				  planned relocation or closure of the DPO. The written notification must include
				  the physical address of the relocated or closed DPO, the anticipated date for
				  the closure or relocation of the DPO, and other information which the banking
				  commissioner may reasonably request.
(d) Transactions with management and
				  affiliates. A state bank establishing a DPO involving the purchase or lease of
				  personal or real property from an officer, director, manager, managing
				  participant, or principal shareholder or participant of the bank or an
				  affiliate of the bank, must comply with the provisions of the Finance Code,
				  §
										RSA
				  33.109, and §
										RSA
				  3.22 of this title (relating to Sale or Lease
				  Agreements with an Officer, Director, or Principal Shareholder of the Bank or
				  of an Affiliate of the Bank).
(e)
				  Out-of-state banks. A bank not domiciled or primarily located in this state
				  must comply with the provisions of the Finance Code, Chapter 201, Subchapter B
				  (§§201.101
et seq.),
to establish a DPO in this
				  state.