reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter K - CREDIT UNION DEVELOPMENT DISTRICTS › Section 91.2003 - Submission and Processing of Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The application must be submitted to the
				  Commission in care of the Department, 914 East Anderson Lane, Austin, TX
				  78752-1699. No filing fee is required.
(b) After the initial application is
				  submitted, the Department shall issue a written notice informing the applicant
				  either that the application is complete and accepted for filing or that the
				  application is deficient and specific additional information is required. The
				  applicant must supply any additional information requested by the Department
				  not later than the 61st day after the date the applicant received written
				  notice from the Department that the application is deficient. Upon a finding of
				  good and sufficient cause, the Department shall grant an applicant additional
				  time to complete the application. Once the deficient application is complete
				  and accepted for filing, the Department shall issue a written notice informing
				  the applicant that the application is complete and accepted for
				  filing.
(c) After the issuance of
				  written notice informing the applicant that the application is complete and
				  accepted for filing, the Department shall evaluate the application to the
				  extent necessary to make a written recommendation to the Commission under the
				  criteria set forth in § 91.2004 of this subchapter. The Department shall
				  submit the completed application and the Department's recommendations to the
				  Commission for decision at the next regularly scheduled meeting of the
				  Commission, which must occur not later than the 120th date after the date the
				  completed application is accepted for filing.
(d) If the Commission approves the
				  application, the Department shall notify the interested parties as required by
				  Tex. Fin. Code §279.105(b).
(e) All approved districts shall be posted on
				  the Department's web site.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter K - CREDIT UNION DEVELOPMENT DISTRICTS › Section 91.2004 - Criteria for Approval of a District by the Commission

Current through Reg. 49, No. 28; July 12, 2024
In determining whether to approve an application for the
					 designation of a credit union development district, the Commission must
					 consider the criteria listed in Tex. Fin. Code
					 §279.102(b).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter K - CREDIT UNION DEVELOPMENT DISTRICTS › Section 91.2005 - Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) A local
				  government that receives approval for a district under this subchapter shall
				  notify the Department in writing not later than the 21st day after the date:
(1) the credit union establishes a branch in
				  the district and the address of such a branch; and
(2) the credit union closes a branch in the
				  district.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter K - CREDIT UNION DEVELOPMENT DISTRICTS › Section 91.2006 - Rulemaking and Amendment for this Subchapter

Current through Reg. 49, No. 28; July 12, 2024
Tex. Fin. Code §279.102(b) requires the Credit Union
					 Department to adopt rules in consultation with the Texas Economic Development
					 and Tourism Office within the Office of the Governor. The Department will
					 develop policies with this office within the Governor's office, outlining the
					 procedures for consultation.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter L - SUBMISSION OF COMMENTS BY INTERESTED PARTIES › Section 91.3001 - Opportunity To Submit Comments on Certain Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) An interested party may submit comments
				  to the commissioner on the following matters:
(1) an application for incorporation under
				  the Texas Finance Code, §
											RSA
				  122.001;
(2) an amendment to a credit union's articles
				  of incorporation under the Texas Finance Code, §
											RSA
				  122.011, which includes an amendment to
				  expand the credit union's field of membership; or
(3) an application to merge or consolidate
				  under the Texas Finance Code, §
											RSA
				  122.152.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter L - SUBMISSION OF COMMENTS BY INTERESTED PARTIES › Section 91.3002 - Conduct of Meetings To Receive Comments

Current through Reg. 49, No. 28; July 12, 2024
(a) Meetings to receive comments under §
										RSA
				  91.3001 of this title (relating to
				  Opportunity To Submit Comments on Certain Applications) will be conducted in
				  the following manner:
(1) a written request
				  for a meeting to receive comments must be received by the department within 30
				  days after publication of the notice of the application and shall contain the
				  following:
(A) the identity of the requestor,
				  including the name of a natural person who represents a business entity or
				  other association, mailing address, daytime telephone number, and a facsimile
				  number if any;
(B) the name of the
				  application and type of application;
(C) a description of the requestor's interest
				  in the application; and
(D) a list
				  of at least three dates and times within 30 days after the date of publication
				  of notice of application, which are available for the meeting.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter M - ELECTRONIC OPERATIONS › Section 91.4001 - Authority to Conduct Electronic Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) A credit union may use, or participate
				  with others to use, electronic means or facilities to perform any function or
				  provide any product or service as part of an authorized activity. Electronic
				  means or facilities include, but are not limited to, automated teller machines,
				  automated loan machines, mobile applications, personal computers, the Internet,
				  the World Wide Web, telephones, and other similar electronic devices.
(b) To optimize the use of its resources, a
				  credit union may market and sell, or participate with others to market and
				  sell, electronic capacities and by-products to others, provided the credit
				  union acquired or developed these capacities and by-products in good faith as
				  part of providing financial services to its members.
(c) If a credit union uses electronic means
				  and facilities authorized by this rule, the credit union's board of directors
				  must require staff to:
(1) Identify, assess,
				  and mitigate potential risks and establish prudent internal controls, and
				  system backup procedures;
(2)
				  Implement security measures designed to ensure secure operations. Such measures
				  should take into consideration:
(A) the
				  prevention of unauthorized access to credit union records and credit union
				  members' records;
(B) the
				  prevention of financial fraud through the use of electronic means or
				  facilities; and
(C) compliance with
				  applicable security device requirements for teller machines contained elsewhere
				  in Chapter 91; and
(3)
				  Employ an incident response plan, which has been subjected to reasonable
				  testing, to minimize the impact of a data breach or other electronic incident
				  while quickly restoring operations, credibility, and security.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter M - ELECTRONIC OPERATIONS › Section 91.4002 - Transactional Web Site Notice Requirement; and Security Review

Current through Reg. 49, No. 28; July 12, 2024
(a) A credit union
				  must file a written notice with the commissioner at least 30 days before it
				  establishes a transactional web site. The notice must:
(1) Include an address for and a description
				  of the transactional features of the web site;
(2) Indicate the date the transactional web
				  site will become operational; and
(3) List a contact person familiar with the
				  deployment, operation, and security of the transactional web site.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter N - EMERGENCY OR PERMANENT CLOSING OF OFFICE OR OPERATION › Section 91.5001 - Emergency Closing

Current through Reg. 49, No. 28; July 12, 2024
(a) If the officer
				  in charge of a credit union determines that an emergency that affects or may
				  affect one or more of the credit union's offices or operations exists or is
				  impending, the officer may determine:
(1) not
				  to conduct the involved operations or open the offices on any normal business
				  day of the credit union until the emergency has passed; or
(2) if the credit union is open, to close the
				  offices or the involved operations for the duration of the emergency.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter N - EMERGENCY OR PERMANENT CLOSING OF OFFICE OR OPERATION › Section 91.5002 - Effect of Closing

Current through Reg. 49, No. 28; July 12, 2024
A day on which a credit union or one or more of its
					 operations is closed during its normal business hours as provided by §
										RSA 91.5001 of
					 this title (relating to Emergency Closings) shall be deemed a legal holiday for
					 all purposes with respect to any credit union business affected by the closed
					 credit union or credit union operation.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter N - EMERGENCY OR PERMANENT CLOSING OF OFFICE OR OPERATION › Section 91.5005 - Permanent Closing of an Office

Current through Reg. 49, No. 28; July 12, 2024
A credit union may permanently close any of its established
					 offices or service facilities. The credit union shall provide notice to its
					 members and the department no later than 60 days prior to the proposed closing.
					 The credit union shall also post a notice to members in a conspicuous manner on
					 the premises of the effected office or service facility and the homepage of the
					 credit union's website and any social media pages at least 30 days prior to the
					 proposed closing.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter O - TRUST POWERS › Section 91.6001 - Fiduciary Duties

Current through Reg. 49, No. 28; July 12, 2024
A credit union must conduct trust operations in accordance
					 with applicable law and must exercise fiduciary powers in a safe and sound
					 manner. All fiduciary activities shall be under the direction of the credit
					 unionTs board of directors. In carrying out its responsibilities, the board may
					 assign, by action duly entered in the minutes, any function related to the
					 exercise of fiduciary powers to any director, officer, employee, or committee
					 thereof.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter O - TRUST POWERS › Section 91.6002 - Fiduciary Capacities

Current through Reg. 49, No. 28; July 12, 2024
A credit union is subject to this chapter if it acts in a
					 fiduciary capacity. A credit union acts in a fiduciary capacity when it acts in
					 any of the following capacities:
(1)
				  Trustee.
(2) Custodian.
(3) Executor.
(4) Administrator.
(5) Guardian.
(6) Receiver.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter O - TRUST POWERS › Section 91.6003 - Notice Requirements

Current through Reg. 49, No. 28; July 12, 2024
Intent. A credit union is required to notify the
					 commissioner in writing of its intent to exercise fiduciary powers, at least 31
					 days prior to the anticipated commencement date of such fiduciary activities.
					 The notice must contain:
(1) A
				  statement describing the fiduciary powers the credit union will
				  exercise;
(2) An opinion of counsel
				  that the proposed activities do not violate law, including citations to
				  applicable law;
(3) A statement
				  that the capital of the credit union is not less than the capital required by
				  law of other financial institutions exercising comparable fiduciary
				  powers;
(4) Sufficient biographical
				  information on proposed trust management personnel to enable the Department to
				  assess their qualifications; and
(5) The physical address of each location
				  where the credit union will conduct fiduciary activities.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter O - TRUST POWERS › Section 91.6004 - Exercise of Fiduciary Powers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Supervisory Review. Unless otherwise notified by the department, a credit union
				  may exercise fiduciary powers on the 30th day after the credit union receives
				  written confirmation from the Department that the notice required under §
										RSA 91.6003
				  of this title (relating to Notice Requirements) is complete and accepted for
				  filing. The Department will consider the following factors when reviewing such
				  a notice:
(1) The credit union's financial
				  condition.
(2) The adequacy of the
				  credit union's net worth position .
(3) The credit union's overall
				  performance.
(4) The fiduciary
				  powers the credit union proposes to exercise.
(5) The availability and expertise of legal
				  counsel.
(6) The experience and
				  expertise of proposed trust management personnel.
(7) The needs of the members to be
				  served.
(8) Any other facts or
				  circumstances that the Department considers appropriate.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter O - TRUST POWERS › Section 91.6005 - Exemption from Notice

Current through Reg. 49, No. 28; July 12, 2024
A credit union does not need to provide notice under
					 §91.6003 (relating to notice requirements) to act as a trustee or
					 custodian of any form of retirement, pension, profit sharing or deferred income
					 accounts for its members, pension funds of self-employed individuals eligible
					 for membership and pension funds of a company or organization whose employees
					 are eligible for membership in the credit union if acting as such will only
					 involve holding the funds on deposit and reporting information to the account
					 holders and government agencies. All contributions to such fiduciary accounts,
					 however, must be initially made to a share or deposit account in the credit
					 union and the credit union may not directly or indirectly provide any
					 investment advice for such fiduciary accounts.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter O - TRUST POWERS › Section 91.6006 - Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
A credit union exercising trust powers shall adopt and
					 follow appropriate written policies and procedures to maintain its fiduciary
					 activities in compliance with applicable law. Among other relevant matters, the
					 policies and procedures must address, where appropriate, the credit
					 union's:
(1) Brokerage placement
				  practices;
(2) Methods for ensuring
				  that fiduciary officers and employees do not use material inside information in
				  connection with any decision or recommendation to purchase or sell any
				  security;
(3) Methods for
				  preventing self-dealing and conflicts of interest;
(4) Selection and retention of legal counsel
				  who is readily available to timely review trust instruments or other documents
				  creating the credit union's fiduciary status and advise the credit union and
				  its fiduciary officers and employees on all fiduciary related matters;
				  and
(5) Investment of funds held as
				  fiduciary, including short-term investments and the treatment of fiduciary
				  funds awaiting investment or distribution.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter O - TRUST POWERS › Section 91.6007 - Review of Fiduciary Accounts

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pre-acceptance review. Before accepting a fiduciary account, a credit union
				  shall review the prospective account and related instruments and documents to
				  determine whether it can properly administer the account.
(b) Initial post-acceptance review. Upon the
				  acceptance of a fiduciary account for which a credit union has investment
				  discretion, the credit union shall conduct a prompt review of all assets of the
				  account to evaluate whether they are appropriate for the account.
(c) Annual review. At least once during every
				  calendar year, a credit union shall conduct a review of all assets of each
				  fiduciary account for which the credit union has investment discretion to
				  evaluate whether they are appropriate, individually and collectively, for the
				  account.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter O - TRUST POWERS › Section 91.6008 - Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
A credit union shall adequately document the establishment
					 and termination of each fiduciary account and shall maintain adequate records
					 for all fiduciary accounts. All records pertaining to a fiduciary account shall
					 be separate and distinct from other records of the credit
					 union.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter O - TRUST POWERS › Section 91.6009 - Audit

Current through Reg. 49, No. 28; July 12, 2024
At least once during each calendar year, a credit union
					 shall arrange for a suitable audit by a certified public accountant in
					 accordance with generally accepted standards for attestation engagement. The
					 audit must ascertain whether the credit union's internal control policies and
					 procedures provide reasonable assurance of three things:
(1) The credit union is administering
				  fiduciary activities in accordance with applicable law and the trust instrument
				  or other documents creating the fiduciary responsibility;
(2) The credit union is properly safeguarding
				  fiduciary assets; and
(3) The
				  credit union is accurately recording transactions in appropriate accounts in a
				  timely manner.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter O - TRUST POWERS › Section 91.6010 - Custody of Fiduciary Assets

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  credit union shall place assets of fiduciary accounts in the joint custody or
				  control of not fewer than two fiduciary officers or employees designated for
				  that purpose by the board of directors.
(b) A credit union shall keep assets of
				  fiduciary accounts separate from the assets of the credit union. Except as
				  otherwise authorized by applicable law and as may be in the best interests of
				  the beneficiaries of the fiduciary account, a credit union shall keep assets of
				  each fiduciary account separate from all other accounts.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter O - TRUST POWERS › Section 91.6011 - Trust Funds

Current through Reg. 49, No. 28; July 12, 2024
All monies received by a credit union as fiduciary on trust
					 business shall be deposited in a specially designated account or accounts,
					 shall not be commingled with any funds of the credit union and shall remain on
					 deposit until disbursed or invested in accordance with powers and duties of the
					 credit union in its capacity as such fiduciary.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter O - TRUST POWERS › Section 91.6012 - Compensation, Gifts, and Bequests

Current through Reg. 49, No. 28; July 12, 2024
A credit union may not permit its directors, officers, or
					 employees to retain any compensation for acting as co-fiduciary with the credit
					 union in the administration of a fiduciary account, except with the specific
					 approval of the board of directors. In addition, a credit union may not permit
					 any fiduciary officer or employee to accept a bequest or gift of fiduciary
					 assets, unless the bequest or gift is directed or made by a relative of the
					 director, officer, or employee or is specifically approved by the board of
					 directors.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter O - TRUST POWERS › Section 91.6013 - Bond Coverage

Current through Reg. 49, No. 28; July 12, 2024
A credit union is required to maintain a bond for
					 protection and indemnity of members, in reasonable amounts against dishonesty,
					 fraud, defalcation, forgery, theft, embezzlement, and other similar insurable
					 losses with an insurance or surety company authorized to do business in this
					 state. Coverage against such losses shall include all agents who do not
					 otherwise provide protection and indemnity for the credit union, directors,
					 officers, and employees of the credit union acting independently or in
					 collusion or combination with any person or persons whether or not they draw
					 salary or compensation.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter O - TRUST POWERS › Section 91.6014 - Errors and Omissions Insurance

Current through Reg. 49, No. 28; July 12, 2024
The credit union shall procure errors and omission
					 insurance sufficient to mitigate the risks involved in fiduciary activities,
					 but at no time shall errors and omissions insurance coverage be less than five
					 hundred thousand dollars. A credit union shall conduct and document the annual
					 analysis of the appropriateness of the current coverage.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter O - TRUST POWERS › Section 91.6015 - Litigation File

Current through Reg. 49, No. 28; July 12, 2024
A credit union shall keep an adequate record of all pending
					 litigation to which it is a party in connection with its exercise of fiduciary
					 powers.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 91 - CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS › Subchapter P - OTHER FORMS OF EQUITY CAPITAL › Section 91.7000 - Certificates of Indebtedness

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General. No credit union may issue certificates of indebtedness pursuant to
				  this section or amend the terms of such certificates unless it has obtained a
				  written letter from the commissioner stating that the commissioner does not
				  object ("non-objection letter"). All requirements of the provisions of this
				  section must be met before a non-objection letter will be issued.
(b) Form of application; supporting
				  information. Applications must be in the form prescribed by the commissioner
				  and shall include all information and exhibits required by the application
				  instructions.
(c) Requirements as
				  to certificates. Certificates of Indebtedness issued pursuant to this section
				  shall meet all of the following requirements:
(1) Form of certificate. Each certificate
				  evidencing subordinated debt issued by a credit union pursuant to this section
				  shall:
(A) Bear on its face, in bold-face
				  type, the following legends:
(i) "This
				  certificate is not a share account or deposit and it is not insured by the
				  United States or any other insuring organization or fund"; and
(ii) "This certificate is not eligible for
				  purchase by any credit union or a credit union service organization thereof
				  without the prior written approval of the Credit Union Commissioner of the
				  State of Texas."
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter A - COMMON TERMS › Section 93.101 - Scope; Definitions; Severability

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter provides for an efficient
				  and uniform system of practice and procedure before the Department. This
				  chapter governs the institution, conduct, and determination of adjudicative
				  proceedings, required or permitted by law, whether instituted by the Department
				  or by filing of an application, notice, or any other pleading. This chapter
				  does not enlarge, diminish, modify, or otherwise alter the jurisdiction,
				  powers, or authority of the Department, or the substantive rights or any person
				  or agency. All contested case hearings will be conducted by the State Office of
				  Administrative Hearings and will be governed by Title 1, Chapter 155 of the
				  Texas Administrative Code and this chapter.
(b) The following words and terms, when used
				  in this chapter, shall have the following meanings, unless the context clearly
				  indicates otherwise.
(1) ADR--alternative
				  dispute resolution.
(2)
				  ALJ--administrative law judge employed by the State Office of Administrative
				  Hearings.
(3) APA--The
				  Administrative Procedure Act (Texas Government Code, Chapter 2001).
(4) Applicant--Any person seeking a
				  certificate, charter, or approval of an application from the
				  Department.
(5) Contested case or
				  proceeding--a proceeding in which the legal rights, duties, or privileges of a
				  party are to be determined by the commissioner or the Commission after an
				  opportunity for adjudicative hearing. A contested case at the Department
				  commences upon the filing of a proper and timely request for hearing.
(6) Party--A person admitted to participate
				  in a contested case.
(7)
				  Person--Any individual, credit union, or other legal entity, including a state
				  agency or government subdivision.
(8) PFD--a proposal for decision issued by an
				  ALJ.
(9) Respondent--A credit union
				  or other person against whom a sanction is directed by the
				  Department.
(10) Sanction--Any
				  administrative penalty, disciplinary action, or enforcement action imposed by
				  the Department.
(11) SOAH--the
				  State Office of Administrative Hearings.
(12) TAC--Texas Administrative
				  Code.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter B - APPEALS FROM COMMISSIONER DECISIONS, GENERALLY › Section 93.201 - Appeals to the Commission, Appointment of SOAH

Current through Reg. 49, No. 28; July 12, 2024
The Department appoints SOAH to be its finder of fact in
					 contested cases. The Department does not delegate to the ALJ and retains for
					 itself the right to determine the sanctions and make the final decision in any
					 contested case. Contested cases shall be conducted in accordance with the APA
					 and SOAH's procedural rules (1 TAC Chapter 155) and shall be heard by an ALJ
					 assigned by SOAH. When the Department submits a request to docket a case, SOAH
					 acquires jurisdiction over a contested case and retains jurisdiction until SOAH
					 issues a proposal for decision (PFD) or final amendments or corrections, if
					 any, to the PFD, or upon SOAH's remand of the case to the Department. In case
					 of conflict with the Commission's rules, SOAH's rules control while SOAH has
					 jurisdiction.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter B - APPEALS FROM COMMISSIONER DECISIONS, GENERALLY › Section 93.202 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise required by law, in computing any period
					 of time set forth in this chapter, the date of the act, event, or default after
					 which the designated period of time begins to run is not to be included. The
					 last day of the period so computed is to be included, unless it is a Saturday,
					 Sunday, or a state legal holiday, in which event the period runs until the end
					 of the next day which is not a Saturday, Sunday, or a state legal holiday. Time
					 limits shall be computed using calendar days rather than business
					 days.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter B - APPEALS FROM COMMISSIONER DECISIONS, GENERALLY › Section 93.203 - Ex Parte Communications

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Upon receipt of a request for hearing and continuing until the time a motion
				  for rehearing is denied, the time for ruling on such a motion has expired, or
				  the proceeding is otherwise final, the commissioner and members of the
				  commission may not communicate directly or indirectly with any party or a
				  representative of a party in a contested case in connection with any issue of
				  fact or law in the contested case except upon notice and opportunity for each
				  party to participate.
(b) The
				  commissioner and members of the commission may communicate ex parte with
				  employees of the department who did not participate in any hearing in the case
				  in order to utilize special skills or knowledge of the department's staff in
				  evaluating the record in the case. Prohibited ex parte communications shall not
				  include any written communication if the communicator contemporaneously serves
				  copies of the communication on all parties to the contested case.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter B - APPEALS FROM COMMISSIONER DECISIONS, GENERALLY › Section 93.204 - Informal Disposition

Current through Reg. 49, No. 28; July 12, 2024
At any time during the proceedings, informal disposition
					 may be made of any contested case by stipulation of the parties, agreed
					 settlement, consent order, or default. No stipulation or agreed settlement
					 between the parties shall be enforced unless it shall have been reduced to
					 writing and signed by parties and made part of the record, or unless it shall
					 have been dictated into the record by them during the course of a hearing or
					 incorporated in an order bearing their written consent.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter B - APPEALS FROM COMMISSIONER DECISIONS, GENERALLY › Section 93.205 - Notice of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) An action
				  subject to this chapter is initiated by the service of such notices as are
				  required to be served under the substantive law governing the particular
				  proceeding. Unless other law authorizing a different notice period is
				  applicable to the particular proceeding, all hearings in contested cases must
				  be preceded by at least 10 day notice, as required by the APA §2001.051.
				  Credit unions shall keep the Department informed as to their correct current
				  mailing address and may be served with initial process by regular, certified,
				  or registered mail to the address furnished the agency.
(b) If a credit union does not file a written
				  answer or other written responsive pleading to the notice required by
				  subsection (a) of this section on or before the 10th day after the date on
				  which the credit union was served with the notice, or if the credit union fails
				  to attend the hearing, the Commissioner may dispose of the case without hearing
				  and grant the relief set forth in the notice.
(c) The Respondent or Applicant shall enter
				  an appearance, with a copy to the Department, within 10 days of the date on
				  which the notice of hearing was served on the person. For purposes of this
				  section, entering an appearance means the filing of a written answer or other
				  responsive pleading with SOAH.
(d)
				  SOAH rules relating to Default Proceedings (1 TAC §
										RSA 155.501)
				  and Dismissal Proceedings (1 TAC §
										RSA 155.501)
				  apply when a Respondent or Applicant fails to appear on the day and time set
				  for the contested case hearing. In that case, the Department may move either
				  for dismissal of the case from SOAH's docket or for the issuance of a default
				  PFD by the ALJ or remand to the Department for entry of default by the
				  Commission or the Commissioner, as appropriate. If the ALJ issues an order
				  dismissing the case from SOAH docket or issues a default PFD, or a remand for
				  entry of default by the Commission, the factual allegations against the
				  Respondent at SOAH are admitted and the Commissioner or the Commission, as
				  appropriate, shall enter a default order against the Respondent. Any claims
				  raised or applications for approval submitted by an Applicant will be deemed
				  denied.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter B - APPEALS FROM COMMISSIONER DECISIONS, GENERALLY › Section 93.207 - Service of Documents on Parties

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Unless otherwise specified in this chapter, notice to a party or a party's
				  representative in a contested case shall be by hand-delivery, by facsimile
				  transmission, by email if all parties agree, or by regular, certified or
				  registered mail, to the party's last known address. Service by mail shall be
				  complete when the properly addressed document is deposited in a post office or
				  official depository under the care and custody of the United States Postal
				  Service.
(b) A certificate by a
				  party, who files a pleading stating that it has been served on all other
				  parties, is prima facie evidence of service.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter B - APPEALS FROM COMMISSIONER DECISIONS, GENERALLY › Section 93.208 - Delegation of Authority

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise provided by law, the commission or the
					 commissioner may delegate to a representative any ministerial duly imposed on
					 the commission or the commissioner, respectively. The provisions of any rule
					 referring to the commission or the commissioner shall be construed to also
					 apply to the duly authorized representative of the commission or the
					 commissioner.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter B - APPEALS FROM COMMISSIONER DECISIONS, GENERALLY › Section 93.209 - Subpoenas

Current through Reg. 49, No. 28; July 12, 2024
(a) Any party
				  desiring the issuance of a subpoena to compel the appearance of a witness or
				  the production of documents at any hearing shall file a written request with
				  the commissioner setting forth the name and address of the witness, time and
				  place of appearance, and any documents or tangible things sought to be
				  produced. Each request shall contain a statement of the reasons why the
				  subpoena should be issued.
(b) Upon
				  a finding that a party has shown good cause for the issuance of the subpoena,
				  the commissioner shall issue the subpoena as prescribed by Government Code
				  § 2001.089. The party requesting the subpoena shall be responsible for the
				  payment of any fees or expenses as set out in Government Code §
				  2001.103.
(c) Within ten days after
				  service of the subpoena or, if the compliance date is less than ten days after
				  service, before the compliance date stated in the subpoena, the person to whom
				  the subpoena is directed shall serve upon the commissioner, the ALJ, and the
				  attorney or party designated in the subpoena, any written objection to the
				  subpoena, appearance or to the inspection or copying of any or all of the
				  designated material. The party serving the subpoena shall have five days to
				  file a written response to the objection. No oral argument shall be heard on
				  the objection unless the commissioner or ALJ directs.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter B - APPEALS FROM COMMISSIONER DECISIONS, GENERALLY › Section 93.210 - Discovery; Protective Orders; Motions To Compel

Current through Reg. 49, No. 28; July 12, 2024
Except as modified by SOAH, parties have the discovery
					 rights set out in the Administrative Procedure Act. If a party or witness is
					 asked to produce information that is exempt or privileged under the Texas Rules
					 of Civil Procedure or the Texas Rules of Civil Evidence, the party, in addition
					 to filing a written objection under §
										RSA
					 93.209(c) of this title
					 (relating to Subpoenas), may make a motion with the ALJ for a protective order.
					 The objecting party must request an
in camera
inspection as
					 set out in 1 TAC §
										RSA
					 155.251(c)(7). The ALJ shall
					 rule on all objections and motions under this section.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter B - APPEALS FROM COMMISSIONER DECISIONS, GENERALLY › Section 93.211 - Administrative Record

Current through Reg. 49, No. 28; July 12, 2024
(a) The cost of a
				  transcript of an administrative proceeding requested by a party is paid by the
				  party requesting the transcript. If the ALJ
sua sponte
orders
				  that an administrative hearing be recorded by a court reporter, the cost of a
				  transcript of the administrative proceeding is split equally between the
				  parties.
(b) In the event a final
				  decision or final order is appealed to district court and the Department is
				  required to transmit to the reviewing court a copy of the administrative record
				  of the administrative proceeding, or any part thereof, the appealing party
				  shall pay all of the costs of the preparation of any original or certified copy
				  of the administrative record of the administrative proceeding, including the
				  preparation of any transcript of the hearing that is required to be sent to the
				  reviewing court. If more than one party appeals the decision, the cost of the
				  preparation of the administrative record shall be divided equally among the
				  appealing parties or as agreed by the parties.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter B - APPEALS FROM COMMISSIONER DECISIONS, GENERALLY › Section 93.212 - Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Following a
				  contested case hearing, the ALJ shall review the evidence and testimony and
				  prepare a PFD which shall include findings of fact and conclusions of law, and,
				  if appropriate, may include recommendations for an appropriate decision or
				  sanction.
(b) The ALJ shall serve
				  copies of the PFD on all parties of record within 30 days after conclusion of
				  the hearing. The parties may submit exceptions to the PFD and replies to the
				  exceptions. Exceptions, replies to exceptions, and related briefs must be
				  submitted to the ALJ and to the commission through the department and, unless
				  otherwise indicated, must be filed within deadlines established by the ALJ. The
				  ALJ may amend the PFD in response to the exceptions, replies, or briefs
				  submitted. If the ALJ makes substantive revisions, the ALJ shall circulate the
				  amended PFD to the parties for additional exceptions and briefs before
				  submitting the PFD to the Department.
(c) The ALJ shall submit the PFD together
				  with all materials listed in the APA §2001.060, to the Department. No
				  additional briefs may be submitted after the case is under submission to the
				  commission for decision unless requested by the commission. The APA
				  §2001.058 provides the standards the commission must follow if its
				  decision differs from the PFD.
(d)
				  The commission shall make a decision regarding the PFD within 30 days of the
				  date of receipt of the PFD.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter B - APPEALS FROM COMMISSIONER DECISIONS, GENERALLY › Section 93.213 - Appearances and Representation

Current through Reg. 49, No. 28; July 12, 2024
A party may be represented by an attorney or by an
					 authorized representative, if that person observes proper decorum and the
					 instructions of the ALJ. The ALJ may require any person appearing in a
					 representative capacity to provide evidence of authority to appear as the
					 party's representative.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter B - APPEALS FROM COMMISSIONER DECISIONS, GENERALLY › Section 93.214 - Recovery of Department Costs

Current through Reg. 49, No. 28; July 12, 2024
The ALJ may allocate costs incurred by the department among
					 the parties in accordance with applicable law. Notwithstanding any other
					 provision of this chapter, the ALJ may impose costs that are solely or
					 primarily attributable to a particular party against that
					 party.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter C - APPEALS TO THE COMMISSION OF PRELIMINARY DETERMINATIONS ON APPLICATIONS › Section 93.301 - Finality of Decision; Request for SOAH Hearing; Waiver of Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commissioner shall issue a preliminary decision on all applications. Unless a
				  party files a timely written appeal to the commission, the preliminary decision
				  of the commissioner will become final and non-appealable when the time for
				  appeal set out in Finance Code § 122.007 or § 122.011 expires. If a
				  party submits a written waiver of its right to appeal, the preliminary
				  commissioner's decision becomes final and non-appealable on receipt of the
				  waiver. If a party files a timely appeal, the commissioner's preliminary
				  decision is automatically withdrawn and the Department will refer the matter to
				  SOAH. The commissioner may, at the commissioner's sole discretion, refer any
				  matter to SOAH for hearing prior to and in lieu of entering a preliminary
				  decision.
(b) Notwithstanding
				  subsection (a) of this section, if an application is approved without
				  modification, and no protest or comment was received during the notice period,
				  the commissioner may determine that the preliminary decision of approval should
				  become final immediately.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter C - APPEALS TO THE COMMISSION OF PRELIMINARY DETERMINATIONS ON APPLICATIONS › Section 93.302 - Referral to ADR

Current through Reg. 49, No. 28; July 12, 2024
The commissioner may order the parties to participate in
					 non-binding ADR if the commissioner determines that any two of the following
					 conditions are present:
(1) the
				  parties have not engaged in meaningful negotiation;
(2) the controversy is reasonably susceptible
				  to compromise or resolution; or
(3)
				  ADR may produce cost savings.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter C - APPEALS TO THE COMMISSION OF PRELIMINARY DETERMINATIONS ON APPLICATIONS › Section 93.303 - Hearings on Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				  ADR is not used or if it fails to resolve the controversy, an applicant or
				  other person aggrieved by the commissioner's preliminary determination may
				  appeal to the commission. In such a case, the commissioner shall refer the
				  matter to SOAH and will furnish to the ALJ all statutes, rules and policies
				  upon which the preliminary decision, if any, was based. In preparing a PFD, the
				  ALJ shall consider this information along with the testimony and documentary
				  evidence presented at the hearing.
(b) Burden of Proof for Unprotested
				  Applications. The applicant must prove each of the statutory and regulatory
				  requirements for approval by a preponderance of the evidence.
(c) Burden of Proof for Protested
				  Applications. The applicant must prove each of the statutory and regulatory
				  requirements for approval by a preponderance of the evidence. In cases in which
				  field of membership is at issue, the protestant must establish by a
				  preponderance of the evidence that overlapping fields of membership will
				  unreasonably harm the protestant. For the purposes of this section, to
				  constitute "unreasonable harm" an overlap must threaten the protestant's
				  welfare and stability or its financial viability to such an extent that it
				  would adversely impact its safety and soundness as a credit union.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 6 - CREDIT UNION DEPARTMENT › Chapter 93 - ADMINISTRATIVE PROCEEDINGS › Subchapter C - APPEALS TO THE COMMISSION OF PRELIMINARY DETERMINATIONS ON APPLICATIONS › Section 93.305 - Appeals of All Other Applications for Which No Specific Procedure is Provided by this Title

Current through Reg. 49, No. 28; July 12, 2024
If ADR is not used or fails to resolve the controversy,
					 whether the application is protested or unprotested, the applicant has the
					 burden to prove each of the applicable statutory and regulatory requirements
					 for approval by a preponderance of the evidence.