TAX ADMINISTRATION

A cotton grower, who applies for an exemption from assessment penalties under § 3.76 of this chapter (relating to Application for Exemption from Assessment Penalty), may apply with the department, using a form prescribed by the commissioner, for permission to establish a payment …

A state-chartered bank may engage in private placement transactions by acting as broker and bringing together buyers and sellers of privately placed instruments. The term "private placement transactions" means: (1) making recommendations regarding the terms and timing of the tran…

(a) Policy. The Texas Department of Banking (the department) is committed to the concept of open state government. As a regulator of financial institutions, however, the department recognizes the mandate of the legislature to balance the competing interests of the need of financi…

(a) If you request the department to provide copies or allow inspection of public information in the possession of the department, you may be required to pay the charges and meet other requirements specified by the Texas Attorney General. (b) The department may reduce or waive an…

A state-chartered bank may provide investment and financial advisory services including professional asset management services and services as an adviser in connection with mergers, acquisitions, and divestitures. A state bank may also serve as a dealer-manager in connection with…

(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 12 U.S.C. 1817 , or a report of financial co…

(a) Agreement in writing. A sale or lease agreement between a state bank and an officer, director, or principal shareholder of the bank or of an affiliate of the bank must be in writing. Existing verbal agreements must be reduced to writing and approved by the board. (b) Terms of…

(a) As used in this section, "trust services" mean services provided to the public as a fiduciary for hire or compensation, to hold or administer accounts established through a customer relationship involving the transfer of title to funds or property to the bank, including a fid…

A state bank shall notify the banking commissioner and submit the information required by 12 CFR Part 225 , Subpart N, or Part 304, Subpart C, as applicable, or any successor regulation, regarding a computer-security incident that qualifies under such regulations as a notificatio…

(a) Securities activities permitted. Pursuant to Finance Code, § 34.103(c) , a state bank may establish or acquire a subsidiary that engages in securities activities; provided, however, that said subsidiary shall comply with all rules and regulations of the Securities and Exchang…

(a) Pursuant to the Business and Commerce Code, § 26.02 , all financial institutions must conspicuously post notices informing borrowers of the requirements that certain loan agreements be in writing. Additionally, the finance commission is required to prescribe the language to b…

(a) Purpose. The Finance Code, § 59.110 , requires financial institutions to imprint keys issued to safe deposit boxes after September 1, 1992, with the financial institution's routing number. In addition, it requires a report to the Department of Public Safety if the routing num…

(a) Authority. The assessment schedule contained in this section is made under the authority contained in the Finance Code, § 31.003(a)(4) and § 204.003(b) . (b) Definitions. The following words and terms, when used in this section, § 3.37 of this title (relating to Calculation o…

(a) Bank assessment calculation table. The annual assessment for a state bank is calculated as described in this section and paid as provided by § 3.36 of this title (relating to Annual Assessments and Specialty Examination Fees), based on the values in the following table, as su…

The annual assessment for a foreign bank branch or agency is calculated as described in § 3.36 of this title (relating to Annual Assessments and Specialty Examination Fees), based on the values in the following table: Attached Graphic Notes 7 Tex. Admin. Code § 3.38 The provision…

(a) Any state-chartered bank that is well-capitalized as defined by Section 38, Federal Deposit Insurance Act, 12 U.S.C. 1831o , may file an application with the banking commissioner for permission to exercise, upon such conditions as may be prescribed by the banking commissioner…

The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise: (1) Foreign bank branch or Texas branch--A Texas state branch proposed to be established or established and maintained by a foreign bank pursua…

(a) Application. To establish a Texas branch or agency, a foreign bank shall file with the banking commissioner an application for a license on the form prescribed by the commissioner. The application must: (1) be in English and be signed, sworn to and acknowledged by an officer …

A foreign bank branch or agency shall maintain the following records in English, or accompanied by an English translation, at its authorized location and make the records available for examination by the department or as otherwise requested by the banking commissioner: (1) the re…

(a) A foreign bank branch or agency may not receive deposits except as specifically authorized under the Finance Code, § 204.105(b) . A foreign bank branch or agency may receive funds from a person and maintain a credit balance in accordance with the Finance Code, § 204.105(b) . …

(a) General. A foreign bank may establish a representative office in this state whether or not the foreign bank is authorized to maintain a Texas branch or agency. (b) Applicability. This section applies only to a foreign bank that does not maintain a Texas branch or agency. A fo…

(a) A representative office established in this state by a foreign bank shall maintain the following records in English or accompanied by an English translation and make the records available for examination by the department or as otherwise requested by the banking commissioner:…

A state-chartered bank may provide financial valuation and advisory services to its depositors or clients. The term "financial valuation and advisory services" means: (1) the valuation of a company for purposes of acquisitions, mergers, and divestitures; (2) fairness opinions in …

(a) Authority. This subchapter is adopted under the authority of Finance Code, Title 3, Subtitle G, Chapter 204, Subchapter B, particularly Finance Code, §§ 204.113 and 204.114 . Subchapter B authorizes a foreign bank to establish and maintain a Texas state branch or agency upon …

Unless defined otherwise in this section, words and terms used in this subchapter that are defined in Finance Code, § 31.002 , have the same meanings as defined in the Finance Code. The following words and terms, when used in this subchapter, have the following meanings unless th…

(a) Asset pledge required. A foreign bank that maintains and operates a Texas state branch or agency, and carries nonrelated deposit liabilities on the books and records of its Texas state branch or agency as liabilities of such branch or agency, must pledge and keep assets on de…

(a) Asset pledge not generally required. Subject to subsection (b) of this section, a foreign bank that carries only nonrelated other liabilities on the books and records of its Texas state branch or agency, and does not carry nonrelated deposit liabilities, is not required to pl…

(a) Calculation of liabilities in accordance with Call Report. For purposes of §3.53(b), and except as otherwise provided in this subchapter, a foreign bank must: (1) calculate the nonrelated deposit liabilities and nonrelated other liabilities of its Texas state branch or agency…

(a) Report of liabilities and pledged assets. Each foreign bank that maintains a Texas state branch or agency that carries nonrelated liabilities, consisting of nonrelated deposit liabilities and nonrelated other liabilities, on the books and records of its Texas state branch or …

The following liabilities of a foreign bank's Texas state branch or agency are not included for purposes of calculating the amount of assets required to be pledged under § 3.53 of this title (relating to Asset Deposit and Pledge Requirement Applicable to Branch or Agency with Non…

(a) Eligible assets. In addition to the assets consisting of dollar deposits and investment securities described in Finance Code, § 204.113(a) , a foreign bank may deposit the following assets to satisfy the pledge requirement established in § 3.53 of this title (relating to Asse…

(a) Approved deposit agreement. A foreign bank and a depository must execute a deposit agreement approved by the banking commissioner before the foreign bank may deposit assets for purposes of Finance Code, § 204.113 , and this subchapter. In addition to any other terms and condi…

(a) Retention of receipts of statements. A foreign bank must retain for three years from the date of receipt the originals of all receipts or statements obtained from a depository under § 3.59 of this title (relating to Deposit Agreement and Conditions). The foreign bank must mak…

(a) Maintenance of record of liabilities. A foreign bank must maintain a record of the liabilities of the foreign bank appearing on the books, accounts and records of its Texas state branch or agency as liabilities of such branch or agency as determined in accordance with § 3.55 …

(a) Maintenance of specific ratio not generally required. Subject to subsection (b) of this section, a foreign bank is not required to maintain a specific ratio of assets to liabilities appearing on the books, accounts and records of its Texas state branch or agency. (b) Authorit…

(a) Loan production activities. A Texas state bank may, to the extent authorized by its board of directors, engage in loan production activities at a site other than the home office or a branch of the bank, and may use the services of, and compensate, persons not employed by the …

(a) Definitions. Words and terms used in this subchapter that are defined in the Finance Code, § 59.301 , have the same meanings as defined in the Finance Code. (b) Measurement of candlefoot power. For purposes of measuring compliance with the Finance Code, § 59.307 , candlefoot …

(a) Engaging in deposit production activities. A Texas state bank may, to the extent authorized by its board of directors, engage in deposit production activities at a site other than the home office or a branch of the bank, including establishing a deposit production office (DPO…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Born digital publication--A state publication that originates in electronic format. (2) Commission--The Texas State Library and Archive…

(a) State agencies are required to furnish copies of state publications in physical format to the commission or provide the commission online access to state publications. A state agency is not required to furnish copies of or provide online access to state publications that are …

(a) State publications in physical format. State agencies must deposit four copies of state publications in physical format to the State Publications Depository Program except as follows: (1) State agencies must deposit three copies of the following state publications: (A) Annual…

The following publications are exempt from the State Publications Depository Program and shall not be provided to the commission: (1) agendas; (2) advertisements; (3) alumni materials; (4) announcements; (5) artwork (graphical representations without textual information); (6) cal…

Upon written application, the Director and Librarian may exempt other state publications and information formats not listed in § 3.5 of this title (relating to Standard Exemptions for State Publications in All Formats) from deposit requirements. Notes 13 Tex. Admin. Code § 3.6 Th…

Each state agency must provide notice to the commission in writing of one person to act as liaison with the State Publications Depository Program for state publications in physical formats and one person to act as liaison with the State Publications Depository Program for online …

The Director and Librarian has designated Texas Tech University and University of North Texas as depository libraries for state publications in physical formats. Replacement designations may be made by the Director and Librarian. Notes 13 Tex. Admin. Code § 3.8 The provisions of …

(a) Filing requirements. (1) Except as provided under subsection (e) of this section, no organization, including any person, firm, partnership, joint stock association, corporation, or other organization, domestic or foreign, operating wholly or partially within this state, actin…

(a) General prohibition. Oil or gas shall not be produced from different strata through the same string of tubulars except as provided in this section. As used in this section, "different strata" means two or more different commission-designated fields, or one or more commission-…

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Seismic hole--Any hole drilled for the purpose of securing geophysical information to be used in the exploration or de…

(a) Purpose. This section specifies the procedure by which an operator can obtain a Railroad Commission of Texas certification that natural gas from a particular gas well qualifies as high-cost natural gas under the Texas Tax Code, Chapter 201, Subchapter B, §201.057(a)(2)(A) and…

Applicants must include a detailed description of all proposed equipment purchases in their grant applications for approval. Grantees must request any additional equipment purchases through grant adjustments. Notes 1 Tex. Admin. Code § 3.81 The provisions of this §3.81 adopted to…