Texas Administrative Code

A holding company must apply and register with the Commissioner within the time prescribed by Finance Code §97.002. The application must include information on the financial condition, ownership, operations, management, and intercompany relations of the holding company and its su…

(a) A savings bank may reorganize as a mutual holding company by complying with the provisions of Finance Code §§97.051 - 97.053. The savings bank must provide to the Commissioner an application to reorganize in a form specified by the Commissioner. The applicant must provide one…

(a) In order to obtain approval for a subsidiary, the savings bank must file with the Commissioner an application accompanied by the following information: (1) an audited financial statement in the event of acquisition of an existing company; (2) a certified board resolution of t…

As used in this chapter, and in SML's administration and enforcement of Finance Code Title 3, Subtitle C, the following definitions apply, unless the context clearly indicates otherwise. (1) Affiliate--An affiliate of, or person affiliated with, a person that directly or indirect…

(a) Upon request, a licensee shall provide to the Board the following information for the primary location where the licensee provides chiropractic services: (1) physical address; (2) telephone number, if any; and (3) business name, if applicable. (b) A licensee shall document an…

Every certificate of authority to act as an automobile club shall expire annually on August 31 of each year unless sooner revoked or suspended. Application for renewal of such certificate of authority shall be filed upon the form prescribed by the secretary of state. The annual l…

(a) In addition to the documents required under §75.1 of this chapter, the following documents must accompany a surviving spouse's application for benefits under Tex. Gov't Code Chapter 615, Subchapter F: (1) a sworn statement from the surviving spouse, on a form prescribed by th…

(a) To obtain a contractor license, an applicant must: (1) submit a completed application on a department-approved form; (2) satisfy the requirements of Occupations Code §1302.255 based on the date the application is filed with the department; (3) pass the examination; (4) submit…

(a) Approval Required. A savings bank may not establish an additional office or relocate its home office or an approved additional office as provided by §75.202 of this title (relating to Types of Additional Offices), without first filing an application and obtaining the prior wr…

The following types of additional offices may be established by a savings bank: (1) a branch office where deposits are received or checks paid or money lent; and (2) a mobile facility that does not have a single permanent site and uses a vehicle that travels to various locations …

In the event a savings bank closes any additional office of any type on a temporary basis, such office must be reopened within 12 months or less, unless otherwise extended by written authorization of the Commissioner. In the event such office is not reopened within the allotted 1…

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 mil…

(a) A person must satisfy the requirements of Texas Occupations Code §1302.255 based on the date the application is filed with the department, prior to taking an examination. (b) A passing grade is 70%. (c) A person taking an examination must comply with the department's examinat…

An automobile club may provide its customers or subscribers with assistance in matters relating to travel, and to the operation, use or maintenance of a motor vehicle, by supplying services such as services related to: (1) a community traffic safety service; (2) a travel and tour…

(a) The term of an air conditioning and refrigeration contractor's license is one year. (b) A license is not transferable. (1) License numbers will have the following form: Title/Class/Number/Endorsement code-TACL/A/000000/C. (2) Endorsement codes are as follows: (A) Environmenta…

A savings bank 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 requir…

Every savings bank must use such forms and observe such accounting principles and practices as the Commissioner may require from time to time.

For safety and soundness purposes, no later than 90 days after its fiscal year end, each savings bank is required to submit the results and findings of an independent audit of its financial statements and all correspondence reasonably related to the audit to SML. The audit must b…

No savings bank may, 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.

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) The Commissioner will examine every state savings bank once in each year, or more frequently if the Commissioner determines that the condition of the savings bank justifies more frequent attention to enforce the Texas Savings Bank Act. The Commissioner may defer an examinatio…

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

(a) Filing Requirements. Call reports must be filed with the Federal Financial Institutions Examination Council (FFIEC) by the deadlines established by the FFIEC. The call report must be filed using the current form prescribed by the FFIEC. (b) Duty to File Complete and Accurate …

(a) A company owner or officer whose only license holder is no longer available due to death or disability may request a temporary license. (b) The temporary license request shall be made by an owner or partner who was affiliated with the firm at the time the license holder becam…

(a) Unless the context clearly indicates otherwise, when used in this division, "Capital" for a savings bank 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 savings…

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

(a) All savings banks whose operations are considered by the Commissioner unsafe or unsound or that have total capital less than the amount required under §75.231 of this title (relating to Capital Requirements) or §75.232 of this title (relating to Increase or Decrease of Minimu…

Joint Issuance of Capital Obligations. On the same terms and conditions as stated in §75.171 of this title (relating to Capital Notes and Debentures), a savings bank may, by resolution of its board and with prior approval of the Commissioner, join other savings banks in the joint…

To renew a contractor's license, a person must: (1) submit a completed renewal application on a department-approved form; (2) submit all appropriate fees; and (3) complete eight (8) hours of continuing education as required under §75.25.

Each holding company and each subsidiary of a holding company, other than a savings bank, 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. Each rep…

Each holding company must maintain books and records as may be prescribed by the Commissioner. The records must be created and maintained in accordance with the requirements of §75.221 of this title (relating to Books and Records), pertaining to savings banks.

Each holding company and each subsidiary of a holding company is subject to examinations as the Commissioner may prescribe. The holding company must pay the cost of an examination. The confidentiality provisions of Finance Code §96.356 apply to an examination performed in accorda…

The Commissioner may require a holding company or a person other than a corporation connected with a holding company to execute and file a prescribed form of irrevocable appointment of agent for service of process.

The Commissioner at any time, on the Commissioner's own motion or on written request, may release a registered holding company from a registration made by the company if the Commissioner determines that the company no longer controls a savings bank. If released, the savings bank …

(a) Terms used in this section have the meanings assigned by Chapter 59 of this title, unless the context indicates otherwise. (b) To renew an air conditioning and refrigeration contractor license under Texas Occupations Code, Chapter 1302, Subchapter F, a licensee must complete …

(a) Annual assessment. All savings banks chartered under the laws of the state and all foreign savings banks (as defined by Finance Code §91.002) holding a certificate of authority to do business in this state must pay an annual assessment fee to SML in an amount determined by th…

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

A savings bank must give written notice to its customers concerning SML's regulatory oversight. The notice must be in the current form prescribed by SML and posted on its website (sml.texas.gov). A savings bank is deemed to be in compliance with this section if: (1) The savings b…

(a) To obtain a technician registration, an applicant must: (1) submit a completed application on a department-approved form; and (2) submit the required fee. (b) The term of an air conditioning and refrigeration technician's registration is one year. (c) A registration is not tr…

To renew a technician registration or air conditioning and refrigeration technician certification, a person must: (1) submit a completed renewal application on a department-approved form; and (2) submit the required fees.

(a) A licensee may not commit fraud as defined in the Penal Code against patients or third parties. (b) A licensee who commits fraud is subject to disciplinary action. (c) A licensee who commits fraud in connection with health insurance or workers' compensation insurance under th…

Beginning on September 1, 2020, and on each September 1 thereafter, any lump sum payment payable to eligible survivors under Tex. Gov't Code § 615.022(d) shall be adjusted annually by an amount equal to the percentage change in the Consumer Price Index for All Urban Consumers for…

(a) The Act and this chapter do not apply to those persons exempt under Occupations Code, Chapter 1302, with the following clarifications: (1) persons who conduct air conditioning and refrigeration contracting, who are employed by a regulated electric or gas utility facility and …

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) A savings bank 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 Bank Act, and this subchapter, including: (1) residential real est…

A savings bank may lend and invest not more than 40% of its total assets in non-real estate commercial loans for business, corporate, or agricultural purposes. The amount of each letter of credit or other unfunded commitment to make a non-real estate commercial loan must be inclu…

(a) A savings bank may make unsecured loans or purchase participations in unsecured loans, on the terms and in amounts consistent with the savings bank's lending policies, subject to the limitations of this section. (b) Real estate, personal property, or interests in oil and gas …