reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 26 - PERPETUAL CARE CEMETERIES › Section 26.12 - What Must I Do If I Receive a Written Consumer Complaint?

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) "Consumer complaint" means a written
				complaint you receive, either at your corporate office or your cemetery
				location, from a consumer regarding the manner in which you operate your
				perpetual care cemetery or perform your obligations under a perpetual care
				cemetery contract or Health and Safety Code, Chapter 711 or Chapter 712. The
				term includes a written complaint you receive either directly from the consumer
				or through the Department. The term does not include an oral
				complaint.
(2) "Department" means
				the Texas Department of Banking.
(3) "You" or "I" means a cemetery corporation
				that owns or operates a perpetual care cemetery.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 27 - APPLICATIONS › Section 27.1 - Notices to Applicants; Application Processing Times; Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) An application
				for a prepaid funeral sellers permit or perpetual care cemetery certificate of
				authority granted by the commissioner must be filed on a form or in a manner
				approved by the banking commissioner. The department shall issue a written
				notice informing each applicant either that the application is complete and
				accepted for filing, or that the application is deficient and that specific
				additional information is required. The department shall issue the notice to
				the applicant within 10 business days of the receipt of the
				application.
(b) The commissioner
				shall determine whether to deny or approve an application within the following
				periods and in the following manner after a complete application has been
				accepted for filing:
(1) prepaid funeral
				seller's permits: 45 days; and
(2)
				perpetual care cemetery certificates of authority: 45 days.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 33 - MONEY SERVICES BUSINESSES › Section 33.7 - How Do I Obtain an Exemption from Licensing Because I Exchange Currency in Connection with Retail, Wholesale or Service Transactions?

Current through Reg. 49, No. 28; July 12, 2024
(a) Does this section apply to me?
(1) This section applies if you are a
				retailer, wholesaler, or service provider and in the ordinary course of
				business:
(A) accept the currency of a foreign
				country or government as payment for your goods or services;
(B) in connection with the transaction, make
				or give change in the currency of a different foreign country or government;
				and
(C) qualify for an exemption
				under Finance Code, §
											152.102(e).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 33 - MONEY SERVICES BUSINESSES › Section 33.15 - What May I Do If the Department Does Not Comply with the New License Application Processing Times?

Current through Reg. 49, No. 28; July 12, 2024
(a) Does this
				section apply to me? This section applies if you applied for a new money
				transmission or currency exchange license under Finance Code, Chapter 152, and
				you believe that the department failed to comply with the application
				processing times specified in Finance Code, §
									152.106.
(b) What does "promptly" mean for purposes of
				Finance Code, §
									152.106(a)
				and this rule? "Promptly" means on or before the 30th day after the date the
				department receives your application.
(c) May I file a complaint? Yes. If the
				department does not process your application for a new money transmission or
				currency exchange license within the time periods specified in Finance Code,
				152.106, you may file a
				written complaint with the banking commissioner. The complaint must set out the
				facts regarding the delay and the specific relief you seek. The department must
				receive your complaint on or before the 30th day after the date the
				commissioner approves or denies your license application.
(d) How will the banking commissioner
				evaluate my complaint?
(1) The department
				division responsible for complying with the applicable time period must submit
				a written response to the banking commissioner regarding your complaint that
				includes any facts on which the division relies to show that good cause existed
				for exceeding the applicable time period.
(2) The banking commissioner will review your
				written complaint and the division's response. If the commissioner deems it
				necessary, a hearing may be held to take evidence on the matter.
(3) The banking commissioner will determine,
				based upon your complaint and the division's response, if the department
				exceeded the applicable time period and, if so, whether the responsible
				division established good cause for the delay.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 33 - MONEY SERVICES BUSINESSES › Section 33.27 - What Fees Must I Pay to Get and Maintain a License?

Current through Reg. 49, No. 28; July 12, 2024
(a) Does this section apply to me? This
				section applies if you hold a money transmission or currency exchange license
				issued under Finance Code, Chapter 152, or are an applicant for a new money
				transmission or currency exchange license, as applicable. This section also
				applies if you are a person other than a license holder or applicant and are
				investigated under the authority of Finance Code, §
									152.056.
(b) Definitions. The following words and
				terms, when used in this section, have the following meanings unless the
				context clearly indicates otherwise.
(1)
				"Annual Assessment" means the fee assessed annually to pay the costs incurred
				by the department to examine a license holder and administer Finance Code,
				Chapter 152, including the annual license fee required by Finance Code, §
										152.107(d)(1).
(2) "Examination" means the process, either
				by on-site or off-site review, of evaluating the books and records of a license
				holder under the authority of Finance Code, §
										152.057, relating to its
				money services activities. For purposes of this section, the term does not
				include an investigation conducted under the authority of Finance Code,
				§§
										152.056 or
				152.106.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 33 - MONEY SERVICES BUSINESSES › Section 33.30 - Notice of Cybersecurity Incident

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				terms, when used in this section, shall have the following meanings, unless the
				context clearly indicates otherwise.
(1)
				"Cybersecurity incident" means any observed occurrence in an information
				system, whether maintained by you or by an affiliate or third party service
				provider at your direction, that:
(A)
				jeopardizes the cybersecurity of the information system or the information the
				system processes, stores or transmits; or
(B) violates the security policies, security
				procedures or acceptable use policies of the information system owner to the
				extent such occurrence results from unauthorized or malicious
				activity.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 33 - MONEY SERVICES BUSINESSES › Section 33.31 - What Records Must I Keep Related to Currency Exchange Transactions?

Current through Reg. 49, No. 28; July 12, 2024
(a) Does this
				section apply to me? This section applies if you hold a license issued by the
				department under Finance Code, Chapter 152, or are the authorized delegate of a
				license holder, as applicable, and you conduct currency exchange
				transactions.
(b) What are the
				general recordkeeping requirements?
(1) As a
				general matter, you must maintain:
(A) records
				of all filings made, and that contain all information required, under
				applicable federal laws and regulations, including the BSA and 31 CFR Chapter
				X;
(B) in addition to the records
				required under Finance Code, Chapter 152, the records required under this
				section related specifically to currency exchange transactions; and
(C) records sufficient to enable you to file
				accurate and complete reports with the commissioner or department in accordance
				with Finance Code, Chapter 152 and Chapter 33 of this title (relating to Money
				Services Businesses).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 33 - MONEY SERVICES BUSINESSES › Section 33.33 - What Receipts Must I Issue Related to Currency Exchange Transactions?

Current through Reg. 49, No. 28; July 12, 2024
(a) Does this
				section apply to me? This section applies if you hold a license issued by the
				department under Finance Code, Chapter 152, or are the authorized delegate of a
				license holder, as applicable, and you conduct currency exchange
				transactions.
(b) Must I issue a
				receipt in connection with the currency exchange transactions I conduct?
(1) For purposes of this section, "receipt"
				means a receipt, electronic record, or other written confirmation.
(2) With respect to a currency exchange
				transaction in an amount in excess of $1,000, you must issue a receipt for each
				transaction that:
(A) can be linked to the
				exchange transaction records required under §
											RSA
				33.31(c)(1) and (2) of this
				title (relating to What Records Must I Keep Related to Currency Exchange
				Transactions?); and
(B) contains:
(i) the name of your licensed business and
				the business address or telephone number;
(ii) the unique transaction or identification
				number;
(iii) the date and amount
				of the transaction;
(iv) the
				currency names and total amount of each currency;
(v) the rate of exchange; and
(vi) the amount of fee charged for the
				transaction;
(3) With respect to a currency exchange
				transaction you conduct with another financial institution as that term is
				defined in
				RSA
				1010.100(t) or with a
				financial institution located outside the United States, you must obtain a
				contemporaneous receipt for each transaction, regardless of where the
				transaction is conducted. If the other financial institution is a money
				services business as that term is defined in
				RSA
				1010.100(ff), or a money
				services business or financial institution located outside the United States,
				the receipt must contain:
(A) the date and
				amount of the transaction;
(B) the
				currency names and total amount of each currency;
(C) the rate of exchange;
(D) the name and address of the money
				services business issuing the receipt; and
(E) information sufficient to identify the
				employee or representative who conducts the transaction for the entity issuing
				the receipt, such as initials, unique employee or representative code, or other
				appropriate identifier.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 33 - MONEY SERVICES BUSINESSES › Section 33.35 - What Records Must I Keep Related to Money Transmission Transactions?

Current through Reg. 49, No. 28; July 12, 2024
(a) Does this
				section apply to me? This section applies to you if you hold a money
				transmission license issued by the department under Finance Code, Chapter 152,
				or are the authorized delegate of a license holder, as applicable.
(b) What are the general recordkeeping
				requirements?
(1) As a general matter, you
				must maintain:
(A) records of all filings
				made, and that contain all information required, under applicable federal laws
				and regulations, including the Bank Secrecy Act and 31 CFR Chapter X
				(collectively BSA);
(B) in addition
				to the records required under Finance Code, Chapter 152, the records required
				in this section related to specific types of money transmission transactions;
				and
(C) records sufficient to
				enable you to file accurate and complete reports with the commissioner or
				department in accordance with Finance Code, Chapter 152 and Chapter 33 of this
				title (relating to Money Services Businesses).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 33 - MONEY SERVICES BUSINESSES › Section 33.51 - How do I Provide Information to My Customers about How to File a Complaint?

Current through Reg. 49, No. 28; July 12, 2024
(a) Does this
				section apply to me? This section applies if you hold a money transmission or
				currency exchange license issued by the department under Finance Code, Chapter
				152.
(b) Definitions. Words used in
				this section that are defined in Finance Code, Chapter 152, have the same
				meaning as defined in the Finance Code. The following words and terms, when
				used in this section, shall have the following meanings unless the text clearly
				indicates otherwise.
(1) "Conspicuously
				posted" means displayed so that a customer with 20/20 vision can read it from
				the place where he or she would typically conduct business with you or,
				alternatively, on a bulletin board, in plain view, on which you post notices to
				the general public (such as equal housing posters, licenses, Community
				Reinvestment Act notices, etc.).
(2) "Customer" means, as to money
				transmission or currency exchange, any Texas resident to whom, either directly
				or through an authorized delegate, you provide or have provided money
				transmission or currency exchange products or services or for whom you conduct
				or have conducted a money transmission or currency exchange
				transaction.
(3) "Privacy notice"
				means any notice regarding a person's right to privacy that you are required to
				give under a specific state or federal law.
(4) "Required notice" means the notice
				described in subsection (d) of this section.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 33 - MONEY SERVICES BUSINESSES › Section 33.52 - Authorized Delegate Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				addition to the complaint notice required by §
									33.51(f) of this
				title, an authorized delegate of a money transmission license holder appointed
				in accordance with Texas Finance Code, Chapter 152, Subchapter F, must provide
				each of its Texas customers with notice that:
(1) is written in the language in which the
				transaction is conducted;
(2)
				states the name of the license holder; and
(3) indicates that the person is an
				authorized delegate conducting money transmission on behalf of the license
				holder.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 33 - MONEY SERVICES BUSINESSES › Section 33.53 - Exemption for Debt Management Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of this section, the terms
				"debt management service" and "provider" have the meanings assigned by Texas
				Finance Code §
									RSA
				394.202.
(b) A debt management service provider who,
				in the course of conducting its debt management services, receives money from
				consumers for distribution to the consumer's creditors need not obtain a money
				transmission license if that provider:
(1) is
				registered and in good standing with the Office of Consumer Credit Commissioner
				as a debt management service provider under Finance Code Chapter 394;
(2) is in compliance with all requirements of
				Finance Code Chapter 394 and 7 TAC Chapter 88 (relating to Consumer Debt
				Management Services); and
(3)
				conducts no money transmission as defined by Finance Code §
										152.003, except as
				necessary to provide debt management services to contractual
				customers.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter A - GENERAL PROVISIONS › Section 35.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In this subchapter:
(1) Banking Commissioner--The Commissioner of
				  the Texas Department of Banking.
(2) Department--The Texas Department of
				  Banking.
(3) Electronic
				  notification system--The secure e-mail or other secure system established under
				  §
										RSA
				  11.309, Finance Code, and used by financial
				  institutions to notify check verification entities as required by
				  §523.052, Business & Commerce Code.
(4) Financial institution--A financial
				  institution as defined by §523.052(a)(2), Business & Commerce
				  Code.
(5) Police report--A police
				  report of an offense under Section
				  RSA
				  32.51, Penal Code.
(6) Sworn statement--The sworn statements
				  referred to in §523.052(b)(2) and §523.052(e)(2)(B), Business &
				  Commerce Code, except when the term is specifically limited to one of the sworn
				  statements.
(7) Written
				  authorization--The written authorization referred to in §523.052(b)(3),
				  Business & Commerce Code.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter B - REGISTRATION OF CHECK VERIFICATION ENTITIES › Section 35.11 - Who must register with the banking commissioner?

Current through Reg. 49, No. 28; July 12, 2024
An entity is a check verification entity and must register
					 with the banking commissioner if it:
(1) is a consumer reporting agency as defined
				  in the Fair Credit Reporting Act (RSA
				  1681 et seq.);
(2) contracts with businesses in this state
				  to recommend acceptance or rejection of checks or similar sight orders received
				  by the businesses; and
(3) compiles
				  and maintains files on consumers on a nationwide basis regarding the consumers'
				  check-writing history for those businesses with which it contracts.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter B - REGISTRATION OF CHECK VERIFICATION ENTITIES › Section 35.12 - What is the registration requirement for a check verification entity?

Current through Reg. 49, No. 28; July 12, 2024
A check verification entity must register with the
					 department and then renew the registration annually thereafter on forms
					 prescribed by the department.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter B - REGISTRATION OF CHECK VERIFICATION ENTITIES › Section 35.13 - What must a check verification entity do to register in Texas?

Current through Reg. 49, No. 28; July 12, 2024
(a) A check
				  verification entity must complete and submit the registration form prescribed
				  by the banking commissioner, which at a minimum, must include:
(1) the full legal name, any assumed name,
				  principal business address, mailing address, business telephone number,
				  facsimile number, and website address of the check verification
				  entity;
(2) the full legal name,
				  title, business telephone number, facsimile number, and e-mail address of the
				  following persons associated with the check verification entity:
(A) the person responsible for questions
				  about the registration or renewal process; and
(B) the person responsible for compliance
				  with the requirements of §523.052, Business & Commerce Code.
(3) a statement that:
(A) the registration information is true and
				  correct; and
(B) it has business
				  clients in Texas and compiles and maintains files on consumers on a nationwide
				  basis regarding consumers' check-writing history for those
				  businesses;
(4) such
				  other information as the banking commissioner may require, including
				  information confirming that the registering entity is required to register
				  under §
											RSA
				  35.11 of this title; and
(5) a certification by an authorized officer
				  that the information therein is true and correct; and
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter B - REGISTRATION OF CHECK VERIFICATION ENTITIES › Section 35.14 - Is there a fee for registering a check verification entity?

Current through Reg. 49, No. 28; July 12, 2024
A check verification entity must pay a $100 fee to the
					 department when it initially submits a completed registration form to the
					 department and then annually thereafter when it submits a form to renew its
					 registration.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter B - REGISTRATION OF CHECK VERIFICATION ENTITIES › Section 35.15 - When does a check verification entity's registration expire?

Current through Reg. 49, No. 28; July 12, 2024
Regardless of the date on which a registration under this
					 chapter is effective, the registration expires on March 1 of each
					 year.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter B - REGISTRATION OF CHECK VERIFICATION ENTITIES › Section 35.16 - How does a check verification entity renew its registration?

Current through Reg. 49, No. 28; July 12, 2024
To renew a registration, a check verification entity must
					 file a completed registration form pursuant to the instructions in §
										RSA
					 35.13 of this title, on or before February 1
					 of each year.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter B - REGISTRATION OF CHECK VERIFICATION ENTITIES › Section 35.17 - What must a check verification entity do when its registration information changes?

Current through Reg. 49, No. 28; July 12, 2024
A check verification entity must notify the department of
					 any change in the registration information provided to the department not later
					 than the 30th day after the date of the change.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter B - REGISTRATION OF CHECK VERIFICATION ENTITIES › Section 35.18 - How long will the department take to process my registration?

Current through Reg. 49, No. 28; July 12, 2024
(a) On or before
				  the 15th day after the date the department receives your registration form, the
				  department will notify you in writing that:
(1) your registration form is incomplete and
				  specify the additional information required before the department will accept
				  your registration for filing; or
(2) your registration is complete and
				  accepted for filing.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter B - REGISTRATION OF CHECK VERIFICATION ENTITIES › Section 35.19 - What remedy is available if the department does not comply with the registration processing times?

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  the department does not process your registration within the time periods
				  specified in § 35.18 of this title, you may file a written complaint with
				  the banking commissioner. The complaint must set out the facts regarding the
				  delay and the specific relief you seek. The department must receive your
				  complaint on or before the 30th day after the date the commissioner approves or
				  denies your registration.
(b) The
				  department division responsible for complying with the applicable time period
				  must submit a written response to the banking commissioner regarding your
				  complaint that includes any facts on which the division relies to show that
				  good cause existed for exceeding the applicable time period.
(c) The banking commissioner will review your
				  written complaint and the division's response. If the commissioner deems it
				  necessary, a hearing may be held to take evidence on the matter.
(d) The banking commissioner will determine,
				  based upon your complaint and the division's response, if the department
				  exceeded the applicable time period and, if so, whether the responsible
				  division established good cause for the delay.
(e) The banking commissioner will notify you
				  of the decision regarding your complaint on or before the 60th day after the
				  date the commissioner receives your written complaint. The commissioner's
				  decision is final and may not be appealed.
(f) If the banking commissioner decides that
				  the department exceeded the applicable time period without good cause, the
				  department will reimburse you all of your registration fees.
(g) A decision in your favor under this
				  section does not affect any decision by the banking commissioner to grant or
				  deny your registration. The decision to grant or deny your registration is
				  based upon applicable substantive law without regard to whether the department
				  timely processed your registration.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter C - RESPONSIBILITIES OF THE BANKING COMMISSIONER › Section 35.31 - What is the banking commissioner required to do with respect to the electronic notification system?

Current through Reg. 49, No. 28; July 12, 2024
(a) The banking
				  commissioner is required to establish an electronic notification system,
				  through secure email or another secure system, to be used by a financial
				  institution to notify check verification entities as required by §523.052,
				  Business & Commerce Code.
(b)
				  The department will maintain the electronic notification system for financial
				  institutions to use to transmit the required information to check verification
				  entities, but the department:
(1) will not
				  verify the accuracy, validity, or completeness of any information transmitted
				  through the electronic notification system; and
(2) is not furnishing the information to the
				  check verification entities.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter D - PROCEDURE FOLLOWING A CUSTOMER REPORT OF AN OFFENSE UNDER SECTION, PENAL CODE › Section 35.51 - What is an offense under Section, Penal Code?

Current through Reg. 49, No. 28; July 12, 2024
Generally, a person commits an offense under §
										RSA
					 32.51, Penal Code, if the person, with the
					 intent to harm or defraud another, obtains, possesses, transfers, or
					 uses:
(1) identifying information of
				  another person without the other person's consent; or
(2) without legal authorization, information
				  concerning a deceased person that would be identifying information of that
				  person were that person alive.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter D - PROCEDURE FOLLOWING A CUSTOMER REPORT OF AN OFFENSE UNDER SECTION, PENAL CODE › Section 35.52 - What must a financial institution or check verification entity do when a person reports to it that the person was the victim of an offense under Section, Penal Code?

Current through Reg. 49, No. 28; July 12, 2024
(a) When a customer
				  reports to a financial institution that they have been the victim of an offense
				  under §
										RSA
				  32.51, Penal Code, the financial institution
				  is encouraged to provide the customer with a sworn statement form under
				  §523.052(b)(2), Business & Commerce Code, and a written authorization
				  form under §523.052(b)(3).
(b)
				  When a person reports to a check verification entity that they have been the
				  victim of an offense under §
										RSA
				  32.51, Penal Code, the check verification
				  entity is encouraged to provide the person with a sworn statement form under
				  §523.052(e)(2)(B), Business & Commerce Code.
(c) If a person agrees to receive the
				  documents described in subsection (a) or (b) of this section in a particular
				  electronic format or on the Internet, a financial institution or check
				  verification entity may provide the documents to the person electronically or
				  by providing the person with the URL address of the webpage where the forms are
				  located:
(1) on the website of the financial
				  institution or check verification entity; or
(2) on the department's website.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter D - PROCEDURE FOLLOWING A CUSTOMER REPORT OF AN OFFENSE UNDER SECTION, PENAL CODE › Section 35.53 - Will the department provide model forms for the sworn statement and written authorization required by Section 523.052(b)(2) and (3), Business & Commerce Code?

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department has provided a model form combining the sworn statement under
				  §523.052(b)(2), Business & Commerce Code, and the written
				  authorization under §523.052(b)(3) for use by financial
				  institutions.
(b) The department
				  has provided a model form sworn statement under §523.052(e)(2)(B),
				  Business & Commerce Code, for use by check verification entities.
(c) A financial institution or check
				  verification entity may use and accept:
(1)
				  the model forms provided by the department; and
(2) other forms that contain spaces for
				  persons to provide the information required by §523.052, Business &
				  Commerce Code, and this Chapter.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter D - PROCEDURE FOLLOWING A CUSTOMER REPORT OF AN OFFENSE UNDER SECTION, PENAL CODE › Section 35.54 - What information must appear on the sworn statement required by Section 523.052(b)(2), Business & Commerce Code, for use when a person contacts a financial institution with the intent to send information through the electronic notification system?

Current through Reg. 49, No. 28; July 12, 2024
The sworn statement form required by §523.052(b)(2),
					 Business & Commerce Code, must include:
(1) a notice, at the top of the first page,
				  that provides that:
(A) the customer must
				  file a police report regarding an offense under §
											RSA
				  32.51, Penal Code; and
(B) the customer must return the completed
				  sworn statement with either:
(i) the incident
				  or case number of the police report; or
(ii) a copy of the police report.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter D - PROCEDURE FOLLOWING A CUSTOMER REPORT OF AN OFFENSE UNDER SECTION, PENAL CODE › Section 35.55 - What information must appear on the written authorization required by Section 523.052(b)(3), Business & Commerce Code?

Current through Reg. 49, No. 28; July 12, 2024
The written authorization form provided to a customer by a
					 financial institution must contain:
(1) a signature bar for the customer's
				  signature; and
(2) a provision in
				  uppercase, bold-faced type that is substantially similar to this provision and
				  in at least 12-point font:
THE STATE OF TEXAS HAS ESTABLISHED AN
				  ELECTRONIC NOTIFICATION SYSTEM TO DELIVER INFORMATION TO CHECK VERIFICATION
				  ENTITIES REGARDING VICTIMS OF OFFENSES UNDER SECTION
				  RSA
				  32.51, PENAL CODE, REGARDING FRAUDULENT USE
				  OR POSSESSION OF IDENTIFYING INFORMATION OF A PERSON. THE CHECK VERIFICATION
				  ENTITIES USE INFORMATION RECEIVED TO ASSIST BUSINESSES IN DECIDING WHETHER TO
				  ACCEPT CHECKS AND OTHER PAYMENT DEVICES PRESENTED TO THEM. BY SUBMITTING THIS
				  FORM, YOU ARE AUTHORIZING _______________________ (NAME OF FINANCIAL
				  INSTITUTION) TO SUBMIT THE INFORMATION YOU PROVIDED ON THE SWORN STATEMENT TO
				  THE ELECTRONIC NOTIFICATION SYSTEM.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter D - PROCEDURE FOLLOWING A CUSTOMER REPORT OF AN OFFENSE UNDER SECTION, PENAL CODE › Section 35.56 - What information must appear on the sworn statement required by Section 523.052(e)(2)(B), Business & Commerce Code, for use with a person who contacts a check verification entity directly?

Current through Reg. 49, No. 28; July 12, 2024
The sworn statement required by §523.052(e)(2)(B),
					 Business & Commerce Code, must include:
(1) the information required by §
										RSA
				  35.54 of this title; and
(2) a statement that the person has requested
				  that their financial institution close any account that has been compromised by
				  the alleged offense.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter D - PROCEDURE FOLLOWING A CUSTOMER REPORT OF AN OFFENSE UNDER SECTION, PENAL CODE › Section 35.57 - When must a financial institution submit customer information through the electronic notification system?

Current through Reg. 49, No. 28; July 12, 2024
A financial institution must submit the information
					 required by §523.052(d), Business & Commerce Code, to the electronic
					 notification system not later than the second business day after the date the
					 customer:
(1) notifies the financial
				  institution that the customer was a victim of an offense under §
										RSA
				  32.51, Penal Code;
(2) requests the financial institution close
				  an account that has been compromised by the alleged offense; and
(3) presents to the home office, if in Texas,
				  or to any branch of the financial institution in Texas:
(A) an incident or case number of the police
				  report or a copy of the police report of an offense under §
											RSA
				  32.51, Penal Code;
(B) the sworn statement required by
				  §523.052(b)(2), Business & Commerce Code; and
(C) the written authorization required by
				  §523.052(b)(3), Business & Commerce Code.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter D - PROCEDURE FOLLOWING A CUSTOMER REPORT OF AN OFFENSE UNDER SECTION, PENAL CODE › Section 35.58 - May a financial institution or check verification entity accept a case or offense number issued by a police department instead of a copy of the police report?

Current through Reg. 49, No. 28; July 12, 2024
Instead of a copy of the police report regarding an offense
					 under §
										RSA
					 32.51, Penal Code, a person may provide a
					 financial institution or check verification entity the case or offense number
					 issued by the police department.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter D - PROCEDURE FOLLOWING A CUSTOMER REPORT OF AN OFFENSE UNDER SECTION, PENAL CODE › Section 35.59 - What procedures must a check verification entity maintain to prevent recommending approval of a check or similar sight order after receipt of a notification of an offense under Section, Penal Code?

Current through Reg. 49, No. 28; July 12, 2024
A check verification entity must process a notification
					 received through the electronic notification system or pursuant to
					 §523.052(e)(2), Business & Commerce Code, in the same manner as it
					 processes information received from its usual sources, including information
					 received from its business customers.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter E - PROCEDURES WHEN INCORRECT INFORMATION IS REPORTED TO THE CHECK VERIFICATION ENTITY › Section 35.71 - What must a financial institution do when it receives notice from a customer or a check verification entity that it sent incorrect information through the electronic notification system?

Current through Reg. 49, No. 28; July 12, 2024
A financial institution that determines or is informed that
					 information it furnished to check verification entities through the electronic
					 notification system is not complete or accurate must correct that information
					 promptly in accordance with
					 RSA
					 1681 et seq. and other applicable law. The
					 electronic notification system is available to the financial institution to
					 provide the registered check verification entities with complete and accurate
					 information.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 35 - CHECK VERIFICATION ENTITIES › Subchapter E - PROCEDURES WHEN INCORRECT INFORMATION IS REPORTED TO THE CHECK VERIFICATION ENTITY › Section 35.72 - What must a check verification entity do when it receives notice directly from a person pursuant to Section 523.052(e)(2), Business & Commerce Code, or from a financial institution through the electronic notification system that information the check verification entity received was erroneous?

Current through Reg. 49, No. 28; July 12, 2024
Subject to other applicable state or federal law, a check
					 verification entity that is notified that information it received through the
					 electronic notification system is not complete or accurate must process the
					 notice in the same manner as it processes such notices received from its usual
					 sources, including information received from its business
					 customers.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 4 - DEPARTMENT OF SAVINGS AND MORTGAGE LENDING › Chapter 51 - DEPARTMENT ADMINISTRATION › Subchapter A - COMPLAINTS › Section 51.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms, when used in this subchapter, have the
					 following meanings, unless the context clearly indicates otherwise.
(1) "Commissioner" means the Savings and
				  Mortgage Lending Commissioner appointed under Finance Code Chapter
				  13.
(2) "Complainant" means a
				  person who files a complaint with the Department.
(3) "Complaint" means a signed, written
				  communication received by the Department's division for consumer assistance
				  that expresses dissatisfaction with a transaction or alleges wrongful conduct.
				  The Department will collect the following items and information regarding a
				  complaint, if available:
(A) the
				  complainant's name and contact information;
(B) the name of the entity or individual
				  against whom the complaint is submitted;
(C) the date and place of the alleged
				  misconduct, violation, or transaction;
(D) a description of the facts or conduct
				  alleged to violate applicable statutes or rules; and
(E) any written documentation supporting the
				  complaint.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 4 - DEPARTMENT OF SAVINGS AND MORTGAGE LENDING › Chapter 51 - DEPARTMENT ADMINISTRATION › Subchapter A - COMPLAINTS › Section 51.2 - Complaint Processing

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints
				  and inquiries filed with the Department are generally considered public
				  information, unless a specific statutory exception applies.
(b) The Department, at the request of the
				  complainant, will make a good faith effort to protect the complainant's
				  identity to the extent possible.
(c) The Department will determine if a
				  complaint or inquiry relates to an activity that the Department regulates, and:
(1) if the Department does not regulate the
				  activity that is the subject of the complaint or inquiry, the Department will
				  close the complaint or inquiry and refer the person making the complaint or
				  inquiry to the appropriate regulatory authority, if known; or
(2) if the Department regulates the activity
				  that is the subject of a complaint, the Department will send a copy or a
				  summary of the complaint and appropriate supporting documentation to the entity
				  or individual that is the subject of the complaint to request a response,
				  unless notice of the complaint would jeopardize analysis or investigation of
				  the complaint or the Commissioner or his or her designee otherwise determines
				  an undercover or covert investigation is warranted.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 4 - DEPARTMENT OF SAVINGS AND MORTGAGE LENDING › Chapter 51 - DEPARTMENT ADMINISTRATION › Subchapter A - COMPLAINTS › Section 51.3 - Complaint Resolution and Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a) If the Department determines the
				  complaint is not supported by the evidence, is not within the Department's
				  jurisdiction, contains no violation, or is resolved to the satisfaction of the
				  parties, the complaint will be closed.
(b) If the Department determines the
				  complaint is sufficiently supported by the evidence and justifies enforcement
				  action, the complaint will be closed and referred for an enforcement
				  action.
(c) The Department will
				  notify all parties to the complaint within 10 business days of closing the
				  complaint (closing notice). However, if the complaint is closed with a referral
				  for an enforcement action, the respondent in such enforcement action will be
				  notified by and through the enforcement action only, and will not receive a
				  separate closing notice.
(d) A
				  complainant who disagrees with the disposition of a complaint may appeal by
				  sending a written appeal request to the Department's division for consumer
				  assistance within 90 calendar days after the date the closing notice was
				  issued. Upon receipt of a timely appeal request, a senior member of the
				  Department's division for consumer assistance or other qualified employee
				  designated by the Commissioner will review all information and make a
				  determination regarding the complaint. Unless such review results in a new
				  determination, this review will be considered final and may not be appealed
				  further with the Department. The Department will provide the complainant with
				  written notice concerning the results of a review performed in accordance with
				  this subsection.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 4 - DEPARTMENT OF SAVINGS AND MORTGAGE LENDING › Chapter 51 - DEPARTMENT ADMINISTRATION › Subchapter A - COMPLAINTS › Section 51.4 - Complaint Review and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Department will maintain records of all complaints received in accordance
				  with its retention policy. Such records will include the information required
				  by Finance Code §
										RSA
				  13.011.
(b) At least quarterly, a senior member of
				  the Department's division for consumer assistance or other qualified employee
				  designated by the Commissioner will review a sample of complaints closed
				  administratively due to lack of jurisdiction, lack of a violation, or for
				  evidentiary reasons.
(c) At least
				  quarterly, the Department will submit to the Finance Commission of Texas a
				  report of the sources, subjects, types, and dispositions of complaint activity
				  during the preceding period.
(d)
				  The Department will make available on its website information describing
				  procedures for complaint receipt, investigation, and disposition.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 4 - DEPARTMENT OF SAVINGS AND MORTGAGE LENDING › Chapter 51 - DEPARTMENT ADMINISTRATION › Subchapter B - HEARINGS AND APPEALS › Section 51.100 - Appeals, Hearings, and Informal Settlement Conferences

Current through Reg. 49, No. 28; July 12, 2024
(a) Alternative Resolution of Appeal. If
				  legal or enforcement staff determines an enforcement action that has been
				  appealed may be resolved without a hearing, legal or enforcement staff may
				  pursue settlement through negotiation, mediation, agreed order, consent order,
				  informal settlement conference, alternative dispute resolution, or other
				  appropriate means.
(b) Informal
				  Settlement Conferences. The Department may conduct an informal settlement
				  conference in order to resolve an enforcement action that has been appealed. An
				  individual or entity subject to an enforcement action may request an informal
				  settlement conference. An informal settlement conference does not create any
				  new rights or obligations. Informal settlement conferences:
(1) are conducted at the discretion of legal
				  or enforcement staff;
(2) may not
				  be used as a delay tactic; and
(3)
				  may be primarily conducted remotely, including solely over the phone or
				  videoconference, or by email.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 4 - DEPARTMENT OF SAVINGS AND MORTGAGE LENDING › Chapter 51 - DEPARTMENT ADMINISTRATION › Subchapter C - ADVISORY COMMITTEES › Section 51.200 - Advisory Committees and Informal Conferences

Current through Reg. 49, No. 28; July 12, 2024
(a) Advisory Committees. The mortgage
				  industry advisory committee referenced in Finance Code §§
										RSA
				  156.104 and
				  RSA
				  157.0024, as well as any advisory committees
				  which may be created under Finance Code §
										RSA 13.018,
				  shall continue in existence, and unless continued further, shall be
				  automatically abolished on September 1, 2031.
(b) Informal Conferences. The Commissioner,
				  in addition to obtaining advice and guidance from an advisory committee, may
				  use informal conferences and consultations with other interested persons to
				  obtain advice and guidance, and assist the Commissioner in carrying out his or
				  her duties.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 4 - DEPARTMENT OF SAVINGS AND MORTGAGE LENDING › Chapter 51 - DEPARTMENT ADMINISTRATION › Subchapter D - RECOVERY FUND › Section 51.300 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
The rules contained in 7 TAC Chapter 51, Subchapter D
					 govern the Commissioner's administration of the recovery fund the Commissioner
					 is required to establish, administer and maintain in accordance Finance Code
					 §
										RSA 13.016 and
					 Chapter 156, Subchapter F.