Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter B - GENERAL › Section 3.21 - Bank Call Reports

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) Call report--A report of condition and
				  income in FFIEC form as required by
				  RSA
				  1817, or a report of financial condition and
				  results of operations of a state bank as mandated by the banking commissioner
				  pursuant to the Finance Code, §
											RSA
				  31.108.
(2) FDIA--The Federal Deposit Insurance Act,
				  RSA
				  1811 et seq.
(3) FDIC--The Federal Deposit Insurance
				  Corporation.
(4) FFIEC--The Federal
				  Financial Institutions Examination Council.
(5) State bank--A bank as defined by the
				  Finance Code, §
											RSA
				  31.002(a)(50).
(b) Reporting requirements of FDIA regulated
				  state banks. Each state bank which is subject to regulation under FDIA will be
				  considered to have filed a copy of its call report with the banking
				  commissioner if the state bank has filed its call report pursuant to FDIA and
				  FFIEC guidelines and requirements.
(c) Reporting requirements for non-FDIA
				  regulated entities. Each state bank not subject to subsection (b) of this
				  section shall file four call reports annually with the banking commissioner.
				  Such call reports must be filed with the banking commissioner no later than
				  April 30, July 31, and October 31 of each year and by January 31 of the
				  subsequent year, and shall be for the periods ending on March 31, June 30,
				  September 30, and December 31, respectively, of the annual reporting year. The
				  call reports required under this subsection must be in substantially the same
				  form and contain substantially the same information as call reports filed by
				  FDIA-regulated state banks in accordance with FDIA and FFIEC requirements
				  pursuant to subsection (b) of this section. The call report forms, the
				  instructions for completing the reports and the accompanying materials will be
				  furnished to all state banks subject to this subsection, or may be obtained
				  upon request from the Bank and Trust Division, Texas Department of Banking,
				  2601 North Lamar Boulevard, Austin, Texas 78705-4294. The banking commissioner
				  may make such modifications and additions to call report form and contents
				  under this subsection as considered necessary in the discretionary discharge of
				  the banking commissioner's duties, notwithstanding FDIA and FFIEC guidelines
				  and requirements.
(d) Special call
				  reports. In addition to the requirements of subsections (b) and (c) of this
				  section, the banking commissioner may require a state bank to file and submit a
				  special call report, in such form and manner and containing such information as
				  may be requested, on dates fixed, whenever in the banking commissioner's
				  discretion the special call report is necessary in the performance of the
				  banking commissioner's supervisory duties related to the safety and soundness
				  of the state bank. Special call reports must contain only such information as
				  is specifically requested by the banking commissioner.
(e) Call report declarations and
				  attestations. Each call report or special call report required to be filed
				  under subsections (c) and (d) of this section must contain a declaration by the
				  president, a vice president, the cashier, or by another officer designated by
				  the board of directors of the state bank to make such declaration, that the
				  report is true and correct to the best of such individual's knowledge and
				  belief. The correctness of the call report or special call report must also be
				  attested by the signatures of at least two of the directors of the state bank
				  other than the officer making the declaration. The declaration of the directors
				  must state that the call report or special call report has been examined by
				  them and is true and correct to the best of their knowledge and
				  belief.
(f) Publication. Each state
				  bank which is subject to regulation under FDIA will be considered to have
				  publicly posted its call report if it has filed its call report pursuant to
				  subsection (b) of this section. A state bank must publicly post or publish its
				  call report in a newspaper or other media of general circulation if
				  specifically directed to do so by the banking commissioner.
(g) Confidentiality. Pursuant to the Finance
				  Code, §
											RSA
				  31.301, call reports filed under subsections
				  (b) or (c) of this section are public information to the extent that such
				  reports are considered public records under the FDIA, implementing federal
				  regulations, and FFIEC guidelines, and may be published or otherwise disclosed
				  to the public. Special call reports filed pursuant to subsection (d) of this
				  section and non-public portions of call reports filed pursuant to subsections
				  (b) or (c) of this section are confidential, subject only to such disclosure as
				  may be permitted by the Finance Code, §§
											RSA
				  31.302 -
				  RSA
				  31.308, or by §
											RSA
				  3.111 of this title (relating to Confidential
				  Information).
(h) Penalties for
				  failure to file or for filing a report with false or misleading information. A
				  state bank which fails to make, file, or submit a call report or a special call
				  report or fails to timely file a call report or special call report as required
				  by this section is subject to a penalty not exceeding $500 a day to be
				  collected by the attorney general on behalf of the banking commissioner. Any
				  state bank which makes, files, submits or publishes a false or misleading call
				  report or special call report is subject to an enforcement action pursuant to
				  the Finance Code, Chapter 35.