Texas Administrative Code

(a) A maximum per-bale maintenance fee shall be assessed on all cotton grown in the West Texas Maintenance Area. The fee shall be set by the Commissioner on an annual basis and shall be in an amount up to a maximum of $1.50 per bale. (b) The Board shall submit an annual recommend…

(a) If an administrative penalty is assessed by the department under the Code, §74.115, for failure to timely pay an assessment, the cotton grower may apply for an exemption from that administrative penalty in writing on a form prescribed by the commissioner within 20 days from r…

(a) Filing of request. (1) Any person who believes they have been aggrieved in connection with an action of the Texas Boll Weevil Eradication Foundation (the foundation) may file a request for administrative review by the department under the Texas Agriculture Code, § 74.1095 . (…

(a) Statement of Purpose and Authority. In accordance with the Texas Agriculture Code (Code), Chapter 74, Subchapter E, the department is authorized to contract with the Texas Boll Weevil Eradication Foundation (foundation) to carry out boll weevil eradication to obtain boll weev…

(a) The Texas Boll Weevil Eradication Foundation (foundation) shall provide the department with a copy of its annual audit within 30 days of the audit's completion. Included with the audit shall be any accompanying letters to management from the auditor. (b) The foundation shall …

The Texas Boll Weevil Eradication Foundation (foundation) is required to obtain approval from the commissioner of agriculture as follows. (1) Approval must be obtained in writing from the commissioner for the borrowing of money to fund operations of the foundation. (A) An approva…

(a) It has been declared by the Texas Legislature that the boll weevil presents a major economic threat to Texas' cotton crop and that it is necessary to create a Boll Weevil Eradication Foundation as a vehicle to provide for assessments of cotton producers, governing boards, and…

(a) A representative number of members to the foundation's board of directors shall be elected from each established eradication zone for a term not to exceed four years. (b) In order to be a candidate for board membership, a person must be eligible to vote in the referendum, mus…

The Lower Rio Grande Valley Boll Weevil Eradication Zone shall consist of the following area: all of Brooks, Cameron, Hidalgo, Jim Hogg, Kenedy, Maverick, Starr, Webb, Willacy, and Zapata counties. Notes 4 Tex. Admin. Code § 3.119 The provisions of this §3.119 adopted to be effec…

The Panhandle Boll Weevil Eradication Zone shall consist of the following area: all of Carson, Dallam, Hansford, Hartley, Hemphill, Hutchinson, Lipscomb, Moore, Ochiltree, Oldham, Potter, Roberts and Sherman counties. Notes 4 Tex. Admin. Code § 3.118 The provisions of this §3.118…

The Upper Coastal Bend Boll Weevil Eradication Zone shall consist of the following area: all of Austin, Brazoria, Colorado, Fort Bend, Jackson, Matagorda, and Wharton counties, and that part of Waller County lying south of State Highway 159 from the Austin County line north and e…

The Northern Blacklands Boll Weevil Eradication Zone shall consist of the following area: all of Montague, Cooke, Grayson, Fannin, Lamar, Red River, Bowie, Cass, Morris, Titus, Franklin, Hopkins, Delta, Hunt, Rockwall, Collin, Denton, Wise, Jack, Parker, Tarrant, Dallas, Kaufman,…

The El Paso/Trans Pecos Boll Weevil Eradication Zone shall consist of the following area: all of El Paso, Hudspeth, Culberson, Jeff Davis, Presidio, Brewster, Pecos, Reeves, Ward, Loving, Winkler, Crane, Terrell, Crockett and Val Verde Counties. Notes 4 Tex. Admin. Code § 3.115 T…

The Southern Blacklands Boll Weevil Eradication Zone shall consist of the following area: all of Anderson, Brazos, Burleson, Freestone, Grimes, Harris, Houston, Leon, Liberty, Madison, Robertson, Walker, Camp, Wood, Upshur, Marion, Harrison, Gregg, Smith, Cherokee, Rusk, Panola, …

The Northwest Plains Boll Weevil Eradication Zone shall consist of the following area originally included as part of the Northern High Plains Eradication Zone described at the Texas Agriculture Code, § 74.1021(a) : all of Bailey, Castro, Deaf Smith, Lamb and Parmer counties. Note…

The Northern Rolling Plains Boll Weevil Eradication Zone shall consist of the following area: all of Gray, Wheeler, Donley, Collingsworth, Hall, Childress, Cottle, King, Hardeman, Wilbarger, Wichita, Clay, and Foard Counties, and all of Archer County lying north of a line followi…

The Western High Plains Boll Weevil Eradication Zone shall consist of the following area originally included as a part of the Southern High Plains/Caprock Eradication Zone described at the Texas Agriculture Code, § 74.1021(e) : all of Andrews, Gaines and Yoakum Counties; all of T…

(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…

(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) 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) 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) 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) 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) 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) 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…

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) 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 …

(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) 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) 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…

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) 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 …

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) 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) 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 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 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) 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 …

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) 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 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) 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…

(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) 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) 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) 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 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…