reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.4 - Sovereign Immunity

Current through Reg. 49, No. 28; July 12, 2024
This subchapter does not waive a Finance Unit of state
					 government's sovereign immunity to suit or liability.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.5 - Notice of Claim of Breach of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor asserting a claim of breach
				  of contract under the Government Code, Chapter 2260, shall file notice of the
				  claim as provided by this section.
(b) The notice of claim shall:
(1) be in writing and signed by the
				  contractor or the contractor's authorized representative;
(2) be delivered by hand, certified mail
				  return receipt requested, or other verifiable delivery service, to the officer
				  of the Finance Unit of state government designated in the contract to receive a
				  notice of claim of breach of contract under the Government Code, Chapter 2260;
				  if no person is designated in the contract, the notice shall be delivered to
				  the Finance Unit's chief administrative officer; and
(3) state in detail:
(A) the nature of the alleged breach of
				  contract, including the date of the event that the contractor asserts as the
				  basis of the claim and each contractual provision allegedly breached;
(B) a description of damages that resulted
				  from the alleged breach, including the amount and method used to calculate
				  those damages; and
(C) the legal
				  theory of recovery, i.e., breach of contract, including the relationship
				  between the alleged breach and the damages claimed.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.6 - Agency Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  Finance Unit of state government asserting a counterclaim under the Government
				  Code, Chapter 2260, shall file notice of the counterclaim as provided by this
				  section.
(b) The notice of
				  counterclaim shall:
(1) be in
				  writing;
(2) be delivered by hand,
				  certified mail return receipt requested or other verifiable delivery service to
				  the contractor or representative of the contractor who signed the notice of
				  claim of breach of contract; and
(3) state in detail:
(A) the nature of the counterclaim;
(B) a description of damages or offsets
				  sought, including the amount and method used to calculate those damages or
				  offsets; and
(C) the legal theory
				  supporting the counterclaim.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.7 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties shall negotiate in accordance with the
					 timetable set forth in §
										RSA 10.8 of this
					 subchapter (relating to Timetable) to attempt to resolve all claims and
					 counterclaims filed under this subchapter. No party is obligated to settle with
					 the other party as a result of the negotiation.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.8 - Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) Following
				  receipt of a contractor's notice of claim, the chief administrative officer of
				  the Finance Unit of state government or other designated representative shall
				  review the contractor's claim and the Finance Unit's counterclaim, if any, and
				  initiate negotiations with the contractor to attempt to resolve the claim and
				  counterclaim.
(b) Subject to
				  subsection (c) of this section, the parties shall begin negotiations no later
				  than 120 calendar days following the date the Finance Unit of state government
				  receives the contractor's notice of claim.
(c) The Finance Unit of state government may
				  delay negotiations until after the 180th day after the date of the event giving
				  rise to the claim of breach of contract by:
(1) delivering written notice to the
				  contractor that the commencement of negotiations will be delayed; and
(2) delivering written notice to the
				  contractor when the Finance Unit of state government is ready to begin
				  negotiations.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.9 - Conduct of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) Negotiation
				  is a consensual bargaining process in which the parties attempt to resolve a
				  claim and counterclaim. A negotiation under this subchapter may be conducted by
				  any method, technique, or procedure authorized under the contract or agreed
				  upon by the parties. The parties may conduct negotiations with the assistance
				  of one or more neutral third parties. The parties may choose to mediate their
				  dispute in accordance with §§
										RSA 10.14-
				  RSA
				  10.21 of this subchapter.
(b) To facilitate meaningful evaluation and
				  negotiation of the claims and any counterclaims, the parties may exchange
				  relevant documents that support their respective claims, defenses,
				  counterclaims or positions.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.10 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
					 disclosed prior to, or at the beginning of negotiations. To the extent
					 possible, the parties shall select negotiators who are knowledgeable about the
					 subject matter of the dispute, who are in a position to reach agreement and who
					 can credibly recommend approval of an agreement.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.11 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  settlement agreement may resolve an entire claim or any designated and
				  severable portion of a claim.
(b)
				  To be enforceable, a settlement agreement must be in writing and signed by
				  representatives of the contractor and the Finance Unit of state government who
				  have authority to bind each respective party.
(c) A partial settlement does not waive a
				  contractor's rights under the Government Code, Chapter 2260, as to the parts of
				  the claim that are not resolved.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.12 - Costs of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise, each party shall be
					 responsible for its own costs incurred in connection with a negotiation,
					 including, without limitation, the costs or fees for attorneys, consultants and
					 experts.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.13 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) If a claim of breach of contract is not
				  resolved in its entirety through negotiation or mediation in accordance with
				  this subchapter on or before the 270th day after the Finance Unit of state
				  government receives the notice of claim, or after the expiration of any
				  extension agreed to by the parties pursuant to §
										RSA
				  10.8(f) of this subchapter
				  (relating to Timetable), the contractor may file a request with the Finance
				  Unit of state government for a contested case hearing before SOAH.
(b) A request for a contested case hearing
				  shall state the legal and factual basis for the claim, and shall be delivered
				  to the chief administrative officer of the Finance Unit of state government
				  within a reasonable time after the 270th day or the expiration of any written
				  extension agreed to pursuant to §
										RSA
				  10.8(f) of this
				  subchapter.
(c) The Finance Unit of
				  state government shall forward the contractor's request for a contested case
				  hearing to SOAH within a reasonable period of time, not to exceed thirty days,
				  after receipt of the request.
(d)
				  The parties may agree to submit the case to SOAH before the 270th day after the
				  notice of claim is received by the Finance Unit of state government if they
				  have achieved a partial resolution of the claim or if an impasse has been
				  reached in the negotiations and proceeding to a contested case hearing would
				  serve the interests of justice.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.14 - Agreement to Mediate

Current through Reg. 49, No. 28; July 12, 2024
The parties may agree to mediate a claim through an
					 impartial third party. For purposes of this subchapter, "mediation" is assigned
					 the meaning set forth in the Civil Practice and Remedies Code, §
										RSA
					 154.023. The mediation is subject to the
					 provisions of the Governmental Dispute Resolution Act, Government Code, Chapter
					 2009. The parties may be assisted in the mediation by legal counsel or another
					 individual.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.15 - Qualifications and Immunity of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
The mediator shall possess the qualifications required
					 under the Civil Practice and Remedies Code, §
										RSA
					 154.052, be subject to the standards and
					 duties prescribed by the Civil Practice and Remedies Code, §
										RSA
					 154.053 and have the qualified immunity
					 prescribed by the Civil Practice and Remedies Code §
										RSA
					 154.055, if applicable.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.16 - Confidentiality of Mediation and Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A mediation conducted under this
				  subchapter is confidential in accordance with the Government Code, §
										RSA
				  2009.054.
(b) The confidentiality of a final settlement
				  agreement to which a Finance Unit of state government is a signatory that is
				  reached as a result of the mediation is governed by the Public Information Act,
				  Government Code, Chapter 552.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.17 - Costs of Mediation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise in writing, each party
					 shall be responsible for its own costs incurred in connection with a mediation,
					 including without limitation, costs of document reproduction, fees for
					 attorneys, consultants and experts, and the cost of the mediator shall be
					 divided equally between the parties.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.18 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
					 disclosed by the parties prior to the mediation. To the extent possible, the
					 parties shall select representatives who are knowledgeable about the subject
					 matter of the dispute, who are in a position to reach agreement, and who can
					 credibly recommend approval of an agreement.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.19 - Initial Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
Any settlement agreement reached during a mediation shall
					 be signed by representatives of the contractor and the Finance Unit of state
					 government, and shall describe any procedures that the parties must follow to
					 obtain final and binding approval of the agreement.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.20 - Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
A final settlement agreement reached during or as a result
					 of a mediation that resolves an entire claim or counterclaim, or any designated
					 and severable portion of a claim or counterclaim, shall comply with §
										RSA 10.11 of
					 this subchapter (relating to Settlement Agreement).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter A - NEGOTIATION AND MEDIATION › Section 10.21 - Referral to State Office of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
If mediation does not resolve the claim to the satisfaction
					 of the contractor, the contractor may request that the claim be referred to
					 SOAH in accordance with §
										RSA
					 10.13 of this subchapter (relating to Request
					 for Contested Case Hearing.)
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter B - CONTRACT PROTESTS › Section 10.30 - Protests

Current through Reg. 49, No. 28; July 12, 2024
(a) Any actual or
				  prospective bidder, offeror, or contractor who is aggrieved in connection with
				  the solicitation, evaluation, or award of a contract by any Finance Unit of
				  state government may formally protest to the Finance Unit. Such protests must
				  be made in writing and received by the Chief Administrative Officer of the
				  Finance Unit within 10 working days after the protesting party knows, or should
				  have known, of the occurrence of the action that is protested. Formal protests
				  must conform to the requirements of this section. The protesting party must
				  mail or deliver copies of the protest to all other interested
				  parties.
(b) In the event of a
				  timely protest under this section, the Finance Unit of state government shall
				  not proceed further with the solicitation or award of the contract unless the
				  Chief Administrative Officer of such Finance Unit makes a written determination
				  that the contract must be awarded without delay, to protect the best interests
				  of the state.
(c) A formal protest
				  must be sworn and contain:
(1) a specific
				  identification of the statutory or regulatory provision that the protesting
				  party alleges has been violated;
(2) a specific description of each action by
				  the Finance Unit of state government that the protesting party alleges to be a
				  violation of the statutory or regulatory provision that the protesting party
				  has identified pursuant to paragraph (1) of this subsection;
(3) a precise statement of the relevant
				  facts;
(4) a statement of any
				  issues of law or fact that the protesting party contends must be
				  resolved;
(5) a statement of the
				  argument and authorities that the protesting party offers in support of the
				  protest; and
(6) a statement that
				  copies of the protest have been mailed or delivered to all other identifiable
				  interested parties.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 10 - CONTRACT PROCEDURES › Subchapter C - CONTRACT MONITORING › Section 10.40 - Enhanced Contract and Performance Monitoring; Website Posting

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Under
				  Texas Government Code, § 2261.253, the finance agencies apply the
				  following procedures concerning contracts for the purchase of goods or services
				  from private vendors.
(b)
				  Applicability.
(1) Finance agencies. This
				  section applies to the agencies governed by the Finance Commission of the State
				  of Texas: the Texas Department of Banking, the Texas Department of Savings and
				  Mortgage Lending, and the Office of Consumer Credit Commissioner.
(2) Date of contracts subject to enhanced
				  monitoring. This section applies to the following:
(A) contracts for which the request for bids
				  or proposal is made public on or after September 1, 2015; and
(B) for contracts exempt from competitive
				  bidding, contracts entered into on or after September 1,
				  2015.
(3) Documents not
				  subject to enhanced monitoring. This section does not apply to:
(A) memoranda of understanding;
(B) interagency contracts;
(C) interlocal agreements; or
(D) contracts that do not involve a
				  cost.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 11 - MISCELLANEOUS › Subchapter A - GENERAL › Section 11.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) "Complainant"
				  means a person who files a complaint or inquiry.
(b) "Complaint" means a written communication
				  submitted to the department by a person that alleges misconduct by a person
				  believed to be engaging in an activity that is regulated by the department. For
				  purposes of this subchapter, a complaint shall contain at least the following
				  information:
(1) the complainant's name and
				  contact information;
(2) the name
				  of the entity against whom the complaint is submitted;
(3) the date and place of the alleged
				  violation;
(4) a description of the
				  facts or conduct alleged to violate applicable statutes or rules; and
(5) written documentation supporting the
				  complaint.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 11 - MISCELLANEOUS › Subchapter A - GENERAL › Section 11.11 - 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) Upon receipt of a complaint or inquiry,
				  the department will make a good faith effort to protect complainant's identity
				  to the extent possible. The department will determine if the complaint or
				  inquiry relates to an activity that the department regulates.
(c) If the department does not regulate the
				  activity that is the subject of the complaint or inquiry, the department shall
				  close the complaint or inquiry, notify the complainant and refer the complaint
				  or inquiry to the appropriate regulatory entity within five business days of
				  receiving the complaint or inquiry, if known.
(d) If the department regulates the activity
				  that is the subject of a complaint, the department shall initiate an
				  investigation into the merits of the complaint by sending, within 10 business
				  days of receiving the complaint, a copy of the complaint and any supporting
				  documentation to the entity that is the subject of the complaint.
(e) The department shall prioritize
				  complaints for purposes of determining the order in which complaints are
				  investigated, taking into account the seriousness of the allegations made in a
				  complaint and the length of time a complaint has been pending.
(f) A regulated entity that receives a
				  complaint forwarded by the department shall respond within 30 days from the
				  date the request is mailed by the department.
(g) The banking commissioner may appoint a
				  hearings officer or other subject matter expert to investigate a complaint
				  received by the department.
(h) The
				  department may, at the discretion of the commissioner, arrange for the services
				  of a qualified mediator or subject matter expert to assist in resolving the
				  complaint.
(i) The department shall
				  monitor how long each complaint is open, and shall make all reasonable efforts
				  to resolve complaints within 90 days of receipt. The department shall notify
				  the complainant of their complaint status at least quarterly if more than 45
				  days have elapsed since the complaint was received.
(j) If the department determines that the
				  complaint is not supported by the evidence, or if the complaint is resolved to
				  the satisfaction of the parties, the complaint will be dismissed.
(k) The department shall notify all parties
				  to the complaint within 10 business days of closing the complaint.
(l) A complainant who disagrees with the
				  disposition of a complaint may appeal by filing a petition against the
				  department in a district court in Travis County.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 11 - MISCELLANEOUS › Subchapter A - GENERAL › Section 11.12 - Complaint Review and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department shall maintain in accordance with its retention policy records
				  of all complaints received. Such records shall include the information required
				  in Finance Code, §
										RSA 12.108.
(b) A representative sample of complaints
				  closed due to lack of jurisdiction or evidence shall be reviewed quarterly by
				  the head of the division that received the complaint.
(c) At least quarterly, the department shall
				  submit to the Finance Commission a report of the sources, subjects, types, and
				  dispositions of complaint activity during the preceding period.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 11 - MISCELLANEOUS › Subchapter A - GENERAL › Section 11.37 - How Do I Provide Information to Consumers on How to File a Complaint?

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions
(1) "Consumer" means an individual who
				  obtains or has obtained a product or service from you that is to be used
				  primarily for personal, family, or household purposes.
(2) "Privacy notice" means any notice which
				  you give regarding a consumer's right to privacy as required by a specific
				  state or federal law.
(3) "Required
				  notice" means a notice in a form set forth or provided for in subsection (b)(1)
				  of this section.
(4) "You" means a
				  bank, foreign bank, bank holding company, or trust company that is chartered,
				  licensed, or registered by the Texas Department of Banking under the Finance
				  Code.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 12 - LOANS AND INVESTMENTS › Subchapter A - LENDING LIMITS › Section 12.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this subchapter is to administer and carry out the objectives of the
				  Finance Code, Title 3, Subtitle A, particularly the Finance Code, §
										RSA 34.201, to
				  protect the safety and soundness of state-chartered banks by preventing
				  excessive loans to one person or a relatively small group of persons who are
				  financially interdependent, and to promote diversification of loans to reduce
				  portfolio and credit risk. Notwithstanding the provisions of the Finance Code,
				  §
										RSA 34.201, and
				  this subchapter, loans and extensions of credit by state banks and their
				  operating subsidiaries remain subject to the exercise of prudent lending
				  standards and safe and sound banking practices.
(b) Scope.
(1) This subchapter applies to all loans and
				  extensions of credit made by a state bank and its operating subsidiaries. This
				  subchapter does not apply to loans made by an insured state bank and its
				  domestic operating subsidiaries to the bank's "affiliates," as that term is
				  defined in
				  RSA
				  371c(b)(1), pursuant to the
				  Finance Code, §
											RSA
				  34.201(a)(13), or to loans
				  made by a state bank to the bank's operating subsidiaries, pursuant to the
				  Finance Code, §
											RSA
				  34.201(a)(14). Except as
				  otherwise provided, this subchapter does not apply to other loans specifically
				  exempted from the lending limit pursuant to the Finance Code, §
											RSA
				  34.201.
(2) Loans and extensions of credit to
				  affiliates, executive officers, directors, and principal shareholders of state
				  banks, and their related interests, are subject to the limits prescribed by
				  RSA 371c,
				  RSA
				  371c-1,
				  RSA
				  375a, and
				  RSA
				  375b, Regulation O (RSA
				  215.1 et seq.), and
				  RSA
				  337.3, in addition to the lending limits
				  established by the Finance Code, §
											RSA 34.201, and
				  this subchapter, where applicable.
(3) The lending limits in this subchapter are
				  separate and apart from the investment limits set forth in the Finance Code,
				  §
											RSA 34.101, and
				  regulations adopted to govern investment limits. A state bank may make loans or
				  extensions of credit to one borrower up to the full amount permitted by this
				  subchapter and also purchase and hold eligible investment securities issued by
				  the same obligor up to the full amount permitted under the Finance Code, §
											RSA 34.101.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 12 - LOANS AND INVESTMENTS › Subchapter A - LENDING LIMITS › Section 12.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Definitions in the Finance Code, Title 3, Subtitles A and
					 G, are incorporated herein by reference. As used in this subchapter and in
					 Finance Code, Chapter 34, concerning investments and loans, the following words
					 and terms shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Borrower--A
				  person who is named as a borrower, obligor, or debtor in a loan or extension of
				  credit; a person to whom a state bank has credit exposure arising from a
				  derivative transaction or a securities financing transaction, entered by the
				  bank; or any other person, including but not limited to a drawer, endorser, or
				  guarantor who is considered to be a borrower under the direct benefit, source
				  of repayment, or common enterprise tests set forth in §
										12.9 of this title (relating to
				  Aggregation and Attribution).
(2)
				  Call report--The federal Consolidated Report of Condition and Income required
				  by and filed under 12 U.S.C.
				  §
											1817 (or under
				  12 U.S.C. §
											324 in the case of a bank that is a member of
				  the Federal Reserve System), or a report of financial condition and results of
				  operations of a state bank required by the banking commissioner under Finance
				  Code, §
										31.108.
(3) Control--Control is presumed to exist
				  when a person directly or indirectly, or acting through or together with one or
				  more persons:
(A) owns, controls, or has the
				  power to vote 25 percent or more of any class of voting securities of another
				  person;
(B) controls, in any
				  manner, the election of a majority of the directors, trustees, or other persons
				  exercising similar functions of another person; or
(C) has the power to exercise a controlling
				  influence over the management or policies of another person.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 12 - LOANS AND INVESTMENTS › Subchapter A - LENDING LIMITS › Section 12.4 - Loan Commitments

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  commitment to lend, when combined with all other loans or extensions of credit
				  to a borrower, must be within the bank's legal lending limit at the time the
				  commitment becomes binding, and advances may be made under a binding commitment
				  to lend even if the advances would exceed the bank's lending limit on the date
				  of funding. In determining whether a commitment to lend is within a bank's
				  lending limit when made, the bank may deduct from the amount of the commitment
				  the amount of each legally binding loan participation agreement executed before
				  or concurrently with the bank's commitment that would be excluded from a loan
				  or extension of credit under §
										RSA
				  12.3(b)(3) of this title
				  (relating to Loans and Extensions of Credit).
(b) Pursuant to the Finance Code, §
										RSA
				  34.201(b)(2), a state bank
				  may renew a commitment to lend and complete funding under that commitment to
				  one borrower in circumstances where the renewed commitment would exceed the
				  bank's current, general lending limit if:
(1)
				  the completion of funding is consistent with safe and sound banking practices
				  and is made to protect the position of the bank;
(2) the completion of funding will enable the
				  borrower to complete the project for which the original, expiring commitment to
				  lend was made; and
(3) the amount
				  of the additional funding does not exceed the unfunded portion of the bank's
				  original, expiring commitment to lend.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 12 - LOANS AND INVESTMENTS › Subchapter A - LENDING LIMITS › Section 12.6 - Loans Not Subject to Lending Limits

Current through Reg. 49, No. 28; July 12, 2024
(a) Loans arising
				  from the discount of commercial or business paper.
(1) Pursuant to the Finance Code, §
											RSA
				  34.201(a)(1), loans or
				  extensions of credit arising from the discount of negotiable commercial or
				  business paper that evidences an obligation to the person negotiating the paper
				  are not subject to the lending limits of the Finance Code, §
											RSA 34.201, or
				  this subchapter, provided that:
(A) the paper
				  is given in payment of the purchase price of commodities purchased for resale,
				  fabrication of a product, or another business purpose that may reasonably be
				  expected to provide funds for payment of the paper; and
(B) the paper bears the full recourse
				  endorsement of the owner of the paper, except that paper discounted in
				  connection with export transactions may be transferred without recourse or with
				  limited recourse if supported by an assignment of appropriate insurance,
				  acceptable to the banking commissioner, covering the political, credit, and
				  transfer risks applicable to the paper, such as insurance provided by the
				  Export-Import Bank.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 12 - LOANS AND INVESTMENTS › Subchapter A - LENDING LIMITS › Section 12.7 - Lease Financing

Current through Reg. 49, No. 28; July 12, 2024
(a) Loans to
				  industrial development authorities. Pursuant to the Finance Code, §
										RSA
				  34.201(b)(2), a loan or
				  extension of credit to an industrial development authority or similar public
				  entity created to construct and lease a plant facility, including a health care
				  facility, to an industrial occupant is considered a loan to the lessee,
				  provided that:
(1) the bank documents the
				  basis for its reliance on the industrial occupant as the primary source of
				  repayment before the loan is extended to the authority;
(2) the authority's liability on the loan is
				  limited solely to whatever interest it has in the particular
				  facility;
(3) the authority's
				  interest is assigned to the bank as security for the loan or the industrial
				  occupant issues a promissory note to the bank that provides a higher order of
				  security than the assignment of a lease; and
(4) the industrial occupant's lease rentals
				  are assigned and paid directly to the bank.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 12 - LOANS AND INVESTMENTS › Subchapter A - LENDING LIMITS › Section 12.8 - Other Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a) By
				  application. The banking commissioner in the exercise of discretion may grant
				  an exception to any legal lending limit in the Finance Code, §
										RSA 34.201, or
				  this subchapter, based on extenuating facts and circumstances. A decision to
				  deny a requested exception is not appealable. In deciding whether to grant an
				  exception under this subsection, the banking commissioner will consider:
(1) the proposed transaction for which the
				  exception is sought;
(2) how the
				  requested exception would affect the capital adequacy and safety and soundness
				  of the requesting bank if the exception is not granted or, if the exception is
				  granted, if the proposed borrower should ultimately default;
(3) how the requested exception would affect
				  the loan portfolio diversification of the requesting bank;
(4) the competency of management to handle
				  the proposed transaction and any resulting safety and soundness
				  issues;
(5) the marketability and
				  value of the proposed collateral; and
(6) the extenuating facts and circumstances
				  that warrant an exception in light of the purpose of legal lending limits as
				  set forth in §
											RSA 12.1 of
				  this title (relating to Purpose and Scope).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 12 - LOANS AND INVESTMENTS › Subchapter A - LENDING LIMITS › Section 12.9 - Aggregation and Attribution

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  rule. A loan or extension of credit to one borrower is attributed to another
				  person, and each person will be considered a borrower, if:
(1) proceeds of the loan or extension of
				  credit are to be used for the direct benefit of the other person, to the extent
				  of the proceeds so used, as provided by subsection (b) of this
				  section;
(2) a common enterprise is
				  deemed to exist between the persons as provided by subsection (c) of this
				  section; or
(3) the expected source
				  of repayment for each loan or extension of credit is the same for each person
				  as provided by subsection (d) of this section; or
(4) notwithstanding another provision of this
				  section, the banking commissioner determines that a loan should be attributed
				  to another person pursuant to the Finance Code, §
											RSA
				  34.201(c).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 12 - LOANS AND INVESTMENTS › Subchapter A - LENDING LIMITS › Section 12.10 - Nonconforming Loans

Current through Reg. 49, No. 28; July 12, 2024
(a) A loan or
				  extension of credit, within a bank's legal lending limit when made, will not be
				  considered a violation of the applicable lending limit but will be cited as
				  nonconforming if the loan no longer complies with the bank's legal lending
				  limit because:
(1) the bank's Tier 1 capital
				  has declined;
(2) borrowers have
				  merged or otherwise become affiliated in such a way as to invoke aggregation
				  under §
											RSA
				  12.9 of this title (relating to Aggregation
				  and Attribution);
(3) the bank has
				  merged with another depository institution or the bank has purchased all or
				  substantially all of the assets of a failed depository institution from the
				  Federal Deposit Insurance Corporation as receiver of such institution on or
				  shortly after the date of its closing;
(4) the lending limit or capital definitions
				  or standards have changed after the date the loan or extension of credit was
				  originated;
(5) in the case of a
				  credit exposure arising from a transaction identified in §
											RSA
				  12.12(a) of this title
				  (relating to Credit Exposure Arising from Derivative and Securities Financing
				  Transactions) and measured by the model method specified in
				  §12.12(b)(1)(A) or (c)(1)(A), the current exposure method specified in
				  §12.12(b)(1)(C), or the Basel collateral haircut method specified in
				  §12.12(c)(1)(C), an increase in the credit exposure subject to the lending
				  limits of Finance Code, §
											RSA 34.201, or
				  this subchapter after execution of the transaction; or
(6) collateral securing the loan or extension
				  of credit to satisfy the requirements of a special lending limit or lending
				  limit exception has declined in value.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 12 - LOANS AND INVESTMENTS › Subchapter A - LENDING LIMITS › Section 12.11 - Calculation of Lending Limit

Current through Reg. 49, No. 28; July 12, 2024
(a) Calculation
				  date. For purposes of determining compliance with Finance Code, §
										34.201, and this
				  subchapter, a state bank shall determine its lending limit as of the most
				  recent of the following dates:
(1) the last
				  day of the preceding calendar quarter; or
(2) the date on which there is a change in
				  the bank's capital category for purposes of
				  12 U.S.C. §
												1831o and
				  12 C.F.R. §
												324.402 (or
				  12 C.F.R. §
												324.402 in the case of a bank that is a
				  member of the Federal Reserve System).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 12 - LOANS AND INVESTMENTS › Subchapter A - LENDING LIMITS › Section 12.12 - Credit Exposure Arising from Derivative and Securities Financing Transactions

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope. This section sets forth the rules
				  for calculating the credit exposure arising from a derivative transaction or a
				  securities financing transaction entered into by a state bank for purposes of
				  determining the bank's lending limit pursuant to Finance Code, §
										34.201, and this
				  subchapter.
(b) Derivative
				  transactions.
(1) Non-credit derivatives.
				  Subject to paragraphs (2) - (4) of this subsection, a state bank shall
				  calculate the credit exposure to a counterparty arising from a derivative
				  transaction by one of the following methods. Subject to paragraphs (3) and (4)
				  of this subsection, a bank shall use the same method for calculating
				  counterparty credit exposure arising from all of its derivative transactions.
(A) Model method.
(i) Credit exposure. The credit exposure of a
				  derivative transaction under the model method is equal to the sum of the
				  current credit exposure of the derivative transaction and the potential future
				  credit exposure of the derivative transaction.
(ii) Calculation of current credit exposure.
				  A bank shall determine its current credit exposure by the mark-to-market value
				  of the derivative contract. If the mark-to-market value is positive, then the
				  current credit exposure equals that mark-to-market value. If the mark-to-market
				  value is zero or negative, then the current credit exposure is zero.
(iii) Calculation of potential future credit
				  exposure. A bank shall calculate its potential future credit exposure by using
				  an internal model that has been approved in writing for purposes of
				  12 C.F.R. §
														324.132(d) (or
				  12 C.F.R. §
														217.132(d) in the case of a
				  bank that is a member of the Federal Reserve System), provided that the bank
				  notifies the commissioner prior to its use for purposes of this section, or
				  another model approved by the department based on the views of the bank's
				  primary federal banking regulatory agency and any third party testing and
				  evaluation reports submitted to the commissioner. Any substantive revisions to
				  an internal model made after the bank has provided notice of its use, or after
				  the commissioner has approved the use of an alternate model, must be approved
				  by the commissioner before a bank may use the revised model for purposes of
				  this section.
(iv) Net credit
				  exposure. A bank that calculates its credit exposure by using the model method
				  pursuant to this subparagraph may net credit exposures of derivative
				  transactions arising under the same qualifying master netting
				  agreement.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 12 - LOANS AND INVESTMENTS › Subchapter B - LOANS › Section 12.31 - Loans Secured by Affiliate-Issued Securities

Current through Reg. 49, No. 28; July 12, 2024
A loan subject to Finance Code, §
										RSA
					 34.102(d), must be
					 subtracted from the capital of a lending bank if the loan proceeds are used
					 directly, or indirectly, for the purpose of recapitalizing the lending bank,
					 unless the loan is fully secured by irrevocable letters of credit or other
					 liquid assets.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 12 - LOANS AND INVESTMENTS › Subchapter B - LOANS › Section 12.32 - Loan Fees and Charges

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
(1) Finance Code, §
											RSA
				  34.203, and this section apply to:
(A) closed end first lien residential real
				  estate loans;
(B) loans other than
				  for personal, family, or household use (i.e., commercial loans including all
				  commercial real estate loans); and
(C) loans for personal, family, or household
				  use that are repayable in a single installment (i.e., single pay consumer
				  loans).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 12 - LOANS AND INVESTMENTS › Subchapter B - LOANS › Section 12.33 - Debt Cancellation Contracts and Debt Suspension Agreements

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) "Actuarial method" means the method of
				  allocating payments made on a debt between the amount financed and the finance
				  charge pursuant to which a payment is applied first to the accumulated finance
				  charge and any remainder is subtracted from, or any deficiency added to, the
				  unpaid balance of the amount financed.
(2) "Closed-end credit" means consumer credit
				  other than open-end credit as defined in this section.
(3) "Contract" means a debt cancellation
				  contract or a debt suspension agreement.
(4) "Customer" means an individual who
				  obtains an extension of credit from a bank primarily for personal, family, or
				  household purposes.
(5) "Debt
				  cancellation contract" means a loan term or contractual arrangement modifying
				  loan terms under which a bank agrees to cancel all or part of a customer's
				  obligation to repay an extension of credit from that bank upon the occurrence
				  of a specified event. The agreement may be separate from or a part of other
				  loan documents.
(6) "Debt
				  suspension agreement" means a loan term or contractual arrangement modifying
				  loan terms under which a bank agrees to suspend all or part of a customer's
				  obligation to repay an extension of credit from that bank upon the occurrence
				  of a specified event. The agreement may be separate from or a part of other
				  loan documents. The term "debt suspension agreement" does not include loan
				  payment deferral arrangements in which the triggering event is the borrower's
				  unilateral election to defer repayment, or the bank's unilateral decision to
				  allow a deferral of repayment.
(7)
				  "Open-end credit" means consumer credit extended by a bank under a plan in
				  which:
(A) The bank reasonably contemplates
				  repeated transactions;
(B) The bank
				  may impose a finance charge from time to time on an outstanding unpaid balance;
				  and
(C) The amount of credit that
				  may be extended to the customer during the term of the plan (up to any limit
				  set by the bank) is generally made available to the extent that any outstanding
				  balance is repaid.
(8)
				  "Residential mortgage loan" means a loan secured by a 1-4 family, residential
				  real property.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 12 - LOANS AND INVESTMENTS › Subchapter C - INVESTMENT LIMITS › Section 12.61 - Calculation of Investment Limit

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The term "unimpaired capital and surplus" has the meaning assigned by §
										RSA 12.2 of this
				  title (relating to Definitions).
(b) For purposes of determining compliance
				  with investment restrictions under Finance Code, Chapter 34, a state bank shall
				  determine its investment limit at the same time and in the same manner as it
				  determines its lending limit under §
										RSA
				  12.11 of this title (relating to Calculation
				  of Lending Limits), to be effective at the same time as its lending limit is
				  effective under §
										RSA
				  12.11(b) of this
				  title.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 12 - LOANS AND INVESTMENTS › Subchapter C - INVESTMENT LIMITS › Section 12.62 - Hedging Investments

Current through Reg. 49, No. 28; July 12, 2024
(a) A hedging
				  investment is an asset held incidental to a permissible banking activity in
				  order to hedge the bank's obligations, rather than as a security held by the
				  bank for investment. The transaction is used to manage risks arising from
				  otherwise permissible banking activities and not entered into for speculative
				  purposes.
(b) A state bank may make
				  an otherwise prohibited investment or exceed the statutory limits for an
				  investment if for the purpose of hedging risks and not for engaging in
				  speculative activities. Documentation underlying the investment decision must
				  demonstrate that the hedging investment offers a particularly well matched and
				  effective risk management mechanism for specific banking risks.