Texas Administrative Code

The following words and terms, when used in this subchapter, have the following meanings. (1) Active duty--Current full-time military service in the armed forces of the United States or active duty military service as a member of the Texas military forces, as defined by § 437.001…

(a) The amount of military experience, service, training or education, which an applicant submits for purposes of meeting the licensing requirements of a specific license, will be determined in accordance with §60.35. (b) An applicant will receive credit for time incurred in trai…

Pursuant to Texas Occupations Code § 55.002, an individual who provides the department with satisfactory documentation that the individual was serving as a service member during a license renewal period may renew that license by paying the renewal fee and is exempt from paying a …

Pursuant to Texas Occupations Code, § 55.003, a service member whose license expired while on active duty is entitled to two years of additional time from the date of discharge to complete: (1) any continuing education requirements; and (2) any other requirement related to the re…

(a) This section implements Texas Occupations Code §§ 51.4013, 55.007, 55.008, 55.009, and 1305.1645(a). (b) This section applies to a military service member and a military veteran as defined under §60.501. (c) An applicant under this section will be eligible to receive credit f…

(a) This section implements Texas Occupations Code §§ 55.004, 55.005, 55.006, and 55.009, as they relate to an applicant who holds a "substantially equivalent" license. (b) This section applies to a military service member, a military veteran, and a military spouse, as defined un…

(a) This section implements Texas Occupations Code §§ 55.004, 55.005, and 55.006, as they relate to an applicant who held the same Texas license within the last five years. (b) This section applies to a military service member, a military veteran, and a military spouse, as define…

(a) This section implements Texas Occupations Code §§ 55.004, 55.005, and 55.006, as they relate to an applicant that demonstrates competency by alternative methods. (b) This section applies to a military service member, a military veteran, and a military spouse, as defined under…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) This section implements Texas Occupations Code § 55.0041 and the license portability provisions of the federal Service members' Civil Relief Act found at 50 U.S.C. § 4025a. (b) This section applies to a military service member or military spouse, as defined under §60.501, and…

(a) This section implements Texas Occupations Code § 55.004(d) as it relates to a non-resident service member or spouse applicant to the department for a license with a residency requirement for license eligibility. (b) This section applies to a service member or military spouse,…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) Proposed decisions for contested cases issued by a SOAH ALJ shall be brought before the commission for decision, in accordance with the APA. (b) A party may only present the sworn testimony and the information provided during the SOAH hearing or admitted into the SOAH record,…

Each holding company and each subsidiary of a holding company, other than a savings association, must file with the Commissioner reports required by the Commissioner. The reports must be made under oath and must be in the form and for the periods prescribed by the Commissioner. E…

Joint Issuance of Capital Obligations. On the same terms and conditions as stated in § 60.171 of this title (relating to Capital Notes and Debentures), a savings association may, by resolution of its board and with prior approval of the Commissioner, join other savings associatio…

(a) All savings associations whose operations are considered by the Commissioner unsafe or unsound or that have total capital less than the amount required under § 60.231 of this title (relating to Capital Requirements) or § 60.232 of this title (relating to Increase or Decrease …

(a) The Commissioner may increase or decrease the minimum capital requirement set forth in this chapter upon written request by a savings association or by supervisory directive if the Commissioner determines that: (1) the savings association's failure to meet the minimum capital…

(a) Unless the context clearly indicates otherwise, when used in this division, "capital" for a savings association includes (as applicable) the amount of its issued and outstanding common stock, preferred stock (to the extent such preferred stock may be considered a part of the …

A savings association must use such forms and observe such accounting principles and practices as the Commissioner may require from time to time. Notes 7 Tex. Admin. Code § 60.222 Adopted by Texas Register, Volume 48, Number 27, July 7, 2023, TexReg 3657 , eff. 7/16/2023

A savings association must create and maintain books and records of its operations, including complete minutes of the meetings of its members and the board, and actions taken by written consent in lieu of such meetings. Records must be maintained in compliance with the applicable…

Mobile facilities must be operated consistent with the following requirements: (1) Such facility may be operated only at locations approved by the Commissioner, each of which must at all times be appropriately identified at the site and on the facility and located within 100 mile…

In the event a savings association closes any additional office of any type on a temporary basis, such office must be reopened on before 12 months after the date of such closing, unless otherwise extended by written authorization of the Commissioner. In the event such office is n…

The following types of additional offices may be established and maintained by a savings association: (1) branch offices at which the savings association may transact any business that could be done in the home office; (2) mobile facilities at which the savings association may tr…

When an application for approval of acquisition of control of a savings association has been received by the Commissioner and the savings association also has other applications on file with the Commissioner, such applications may, at the Commissioner's discretion, be held in abe…

(a) The following conditions affecting any controlled savings association, regardless of when or how such control has been acquired, are grounds for the Commissioner to investigate, seek to enjoin, or set aside any change of control of a savings association, if the Commissioner d…

(a) Public Notice. An applicant timely requesting a hearing on the Commissioner's decision to deny the application must publish a public notice of the application as provided by § 60.103 of this title (relating to Public Notice of Application), which must be published in the coun…

(a) The Commissioner may authorize any financial institution to convert itself into a savings association in a manner consistent with the provisions of applicable law and regulations of the institution. (b) Plan and Application. In order to obtain such authorization, the converti…

(a) A savings association is authorized to reorganize, merge, or convert into another type of financial institution charter subject to applicable law and regulation relating to the type of charter which will be held by the resulting institution. (b) The Commissioner must be given…

(a) Application Requirements. The charter application and all required supporting information must be executed by the proposed incorporators of the proposed savings association which must consist of at least five adult residents of this state and must include all of the informati…

A motion for rehearing pursuant to Finance Code § 61.006 must be filed on or before 14 days after the date the decision or order that is the subject of the motion is signed. A copy of the motion for rehearing must be served on all parties who made an appearance or otherwise submi…

If an application requires that notice to the public be given, such notice must comply with the requirements of this section. The notice must use language and content preapproved by the Commissioner prior to publishing. The notice must be submitted to the publisher for publicatio…

(a) Filing Fees. An applicant must pay the following filing fees: (1) Charter Application and Amendments. (A) Charter application: $10,000. (B) Change of name: $500. (C) Certificate of formation or bylaws amendments: $100 per request. (2) Office Locations. (A) Branch office (othe…

(a) A complaint against a person who is engaged in an activity or business regulated by the department may be submitted in a form and manner prescribed by the department. A person filing a complaint is encouraged to file the complaint online on the department's website. (b) A com…

(a) The department shall maintain a system to promptly and efficiently act on complaints filed with the department as provided by Texas Occupations Code § 51.252 . (b) The department shall assign priorities and investigate complaints based on risk to the public of the conduct all…

(a) A license holder or other person must cooperate in an investigation of a complaint conducted by a department employee or designated representative of the department (designated representative). (b) A license holder or other person must make available to the department employe…

(a) The department shall periodically notify the complaint parties of the status of the complaint until final disposition unless the notice would jeopardize an investigation. (b) The department shall maintain the confidentiality of complaint and disciplinary information as provid…

(a) The commission or executive director may sanction a license holder, applicant, or other person, if the person: (1) obtains or attempts to obtain a license by fraud or false representation; (2) falsifies any document submitted to the department or commission; (3) permits the u…

(a) Unless otherwise provided by law, the presiding officer of the commission, with the commission's approval, shall appoint the members of each advisory board. (b) The purpose, duties, manner of reporting, and membership requirements of each advisory board are detailed in the st…

(a) An applicant for an initial license must submit all required information, documents, and fees in a form and manner prescribed by the department. The department may request additional information as part of the application process, if necessary. (b) Incomplete Initial Applicat…

(a) Unless otherwise provided by Texas Occupations Code, Chapter 51; by the Administrative Procedure Act (APA), Texas Government Code, Chapter 2001; by the rules of the State Office of Administrative Hearings (SOAH), 1 TAC Chapter 155; by other law; or by the provisions of this c…

(a) The department shall send a written notice of alleged violation if the department: (1) seeks an enforcement action against a person for an alleged violation of the statutes and rules of the department or its programs; or (2) proposes to revoke a person's license or deny a lic…

(a) The department shall send a written notice of proposed denial if the department proposes: (1) to deny an initial license application; or (2) to deny a person an opportunity to take an examination. (b) The department shall send the notice of proposed denial under subsection (a…

(a) Disposition by agreement of any contested case may be made by stipulation, agreed settlement, or consent order, unless precluded by law. (b) The commission may designate its presiding officer or the executive director to adopt or reject stipulations, settlement agreements, or…

(a) Contested case hearings at SOAH are governed by Texas Government Code, Chapter 2001 and the SOAH rules under 1 TAC Chapter 155. (b) Every effort shall be made to conduct administrative hearings in person in Austin, Texas, or virtually by telephone or videoconference, to achie…

(a) The costs related to making a record of the SOAH contested case proceeding, including the hearing record, transcripts, and court reporters, shall be determined according to the rules in 1 TAC § 155.423 . (b) Pursuant to Texas Government Code § 2001.059 , on the written reques…

(a) The department may require an applicant, licensee, or other person who regularly receives communications from the department, to provide an e-mail address for purposes of receiving correspondence. The department may send any correspondence to the e-mail address furnished by t…

(a) This section implements Texas Occupations Code § 51.407 . It does not affect those programs that have temporary or provisional licenses in their specific program statutes or rules. (b) This section applies to an applicant who has met all the requirements for an initial licens…