Texas Administrative Code

An applicant must submit all other required forms as listed in the Application Kit. Notes 1 Tex. Admin. Code § 60.302 Adopted by Texas Register, Volume 44, Number 09, March 1, 2019, TexReg 1118 , eff. 3/7/2019

(a) A license holder is required to notify consumers and service recipients of the department's name, mailing address, telephone number, and website address for purposes of directing complaints to the department. (b) Unless prescribed otherwise in the statutes or rules governing …

(a) A savings association is deemed to have power to invest in obligations of, or guaranteed as to principal and interest by, the United States or this state; in stock of a federal home loan bank of which it is eligible to be a member, and in any obligations or consolidated oblig…

(a) Classifications. Beginning September 1, 2002, the executive director shall evaluate the compliance history of each site and classify each site and person as needed for the actions listed in § 60.1 (a)(1) of this title (relating to Compliance History). On September 1, 2003, an…

(a) A savings association must ensure compliance with the local service area investment requirements set forth in Finance Code Chapter 64, Subchapter E. (b) Local Service Area. A savings association's "local service area" means the geographical area designated by the Commissioner…

A savings association may not, either directly or indirectly, knowingly make any entry on its books that is not accurate or otherwise fails to appropriately describe the transaction, or withholds information material to the transaction. Notes 7 Tex. Admin. Code § 60.224 Adopted b…

For safety and soundness purposes, on or before 90 days after the date its fiscal year ends, each savings association is required to submit to the Department the results and findings of an independent audit of its financial statements and all correspondence reasonably related to …

(a) A savings association may originate, invest in, sell, purchase, service, participate, or otherwise deal in (including brokerage or warehousing) loans or participations subject to the requirements of the Texas Savings and Loan Act, and this subchapter, including: (1) residenti…

As used in this division, the following words and terms are assigned the following meanings, unless the context clearly indicates otherwise. (1) Commercial real estate--Land on which structures or improvements do not qualify the property as residential real estate are located. (2…

(a) Definitions. (1) Privacy notice means any notice which a state savings association gives regarding a consumer's right to privacy, regardless of whether it is required by a specific state or federal law or given voluntarily. (2) Required notice means a notice in a form set for…

This chapter governs the chartering, administration, and operations of a Texas-chartered savings and loan association under Finance Code Title 3, Subtitle B, the Texas Savings and Loan Act (Finance Code § 61.001 et seq.). Notes 7 Tex. Admin. Code § 60.1 Adopted by Texas Register,…

(a) Purpose and Applicability. Applications submitted to the Department must comply with the requirements of this section. (b) Application Forms. All applications must be made on the current form for the application prescribed by the Commissioner. (c) Incomplete Filings; Notice o…

(a) A special examination is one that is conducted outside the context of a savings association's annual examination and includes, but is not limited to, examinations of a savings association holding company, and interstate branches of savings associations in Texas as the host st…

(a) The bylaws of a savings association must contain sufficient provisions to govern the institution in accordance with the Texas Savings and Loan Act, the Texas Business Organizations Code, and other applicable laws, rules and regulations, or the certificate of formation. Bylaws…

(a) The Commissioner will examine each savings association once in each year, or more frequently if the Commissioner determines that the condition of the savings association justifies more frequent attention to enforce the Texas Savings and Loan Act. The Commissioner may defer an…

The Commissioner, after a determination of value, may order that assets in the aggregate, to the extent that such assets have depreciated in value, or to the extent the value of such assets, including loans, are overstated in value for any reason, be charged off, or that a specia…

(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) Pursuant to Texas Government Code, Chapter 656, Subchapter C (the State Employees Training Act), department employees may be permitted or required to attend training or education programs if those programs relate to the employee's duties or prospective duties, materially aid …

(a) This section addresses the validity and acceptance of licensing examination results and whether a person must retake a licensing examination. This section applies to all examinations provided or administered by the department's examination provider or by another third-party e…

(a) Not later than the 30th day after the date a person (former examination candidate) takes an examination, the department's examination provider will notify the person of the results of the examination. (b) If notice of the examination results will be delayed for longer than 90…

(a) Scheduling an Examination. (1) Unless provided otherwise in the statute and rules of a specific program, a person who is eligible to take an examination (examination candidate) must schedule the examination with the department's examination provider. (2) The examination may b…

(a) Mediation may begin, at the discretion of the director of enforcement, any time after the department anticipates initiation of an adverse action against a person. (b) The department may issue a notice of mediation along with a notice of alleged violation, a notice of continue…

The mediator shall have the qualified immunity prescribed by the Texas Civil Practice and Remedies Code § 154.055 , if applicable. Notes 16 Tex. Admin. Code § 60.405 The provisions of this §60.405 adopted to be effective July 1, 2009, 34 TexReg 4326; Amended by Texas Register, Vo…

(a) If the mediator is a SOAH ALJ, that person will not be permitted to sit as the ALJ for the case if the contested matter goes to hearing. (b) If the mediator is an employee of the department and the dispute does not settle, that mediator will not have any further contact or in…

(a) A mediator must have completed a minimum of 40 hours of Texas mediation training as prescribed under Texas Civil Practices and Remedies Code § 154.052 . (b) A mediator shall subscribe to the ethical guidelines for mediators adopted by the ADR Section of the State Bar of Texas…

(a) For each contested matter referred for mediation, the ADR Administrator, as defined under §60.10, shall either: (1) preside over the mediation proceeding as the mediator; or (2) appoint one of the following individuals to serve as the mediator: (A) a department employee; (B) …

(a) A license holder may voluntarily surrender a license to the department by submitting a request in a form and manner prescribed by the department. (b) The request will be granted if the license holder: (1) holds a current, unexpired license that is not suspended or revoked; (2…

(a) Except as provided by subsection (b), Subchapter D, or other law, and pursuant to Texas Occupations Code § 51.355 , a person whose license is revoked by order of the commission or the executive director must wait one year from the date of revocation before applying for a new …

(a) This section is applicable for: (1) programs that have statutory authority to review and determine an applicant's experience, service, training or education toward meeting the licensing requirements of a specific license; or (2) applicants who are military service members, mi…

(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…

(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) 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) 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) 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 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) 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) 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) 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 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 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) Site Classification Under Review. Regardless of any other section of Chapter 60 of this title (relating to Compliance History), the executive director may designate a site's current compliance history classification as "under review" if the executive director determines that …

(a) Approval Required. A savings association may not move its home office or any additional office as provided by § 60.202 of this title (relating to Types of Additional Offices) beyond its immediate vicinity without the prior written approval of the Commissioner. (b) Immediate V…

(a) Approval Required. A savings association may not establish a branch office or an additional office as provided by § 60.202 of this title (relating to Types of Additional Offices) without prior written approval of the Commissioner. A branch office application is required if a …

(a) For OVAG and VCLG programs, the minimum and maximum for which an applicant may apply per fiscal year is stated in the RFA and the Application Kit. (b) The amount of an award is determined solely by the OAG. The OAG may award grants at amounts above or below the established fu…

(a) The OAG will publish a RFA in the Texas Register and post the RFA on the OAG's official agency website. (b) The RFA, at a minimum, will provide the following information: (1) applicable funding sources for the types of grants available and eligibility requirements; (2) how to…

(a) The OAG determines eligibility for an award. Applications that are not eligible will not be scored further and will not be eligible for a grant award. If an applicant is deemed ineligible by the OAG, that applicant will not receive a grant. (b) The OAG will designate teams to…

(a) The OAG shall notify the applicant in writing of its decision regarding a grant award. (b) The OAG may utilize a grant contract document or a notice of grant document once a decision is made to award a grant. The applicant will be given a deadline to act to accept the grant a…