Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 96.002 - Adoption of Rules(a) The finance commission may adopt rules necessary to supervise and regulate savings banks and to protect public investment in savings banks, including rules relating to: (1) the minimum amounts of capital required to incorporate and operate as a savings bank, which may not be less than the amounts required of corresponding national banks;(2) the fees and procedures for processing, hearing, and deciding applications filed with the commissioner or the Department of Savings and Mortgage Lending under this subtitle;(3) the books and records that a savings bank is required to keep and the location at which the books and records are required to be maintained;(4) the accounting principles and practices that a savings bank is required to observe;(5) the conditions under which records may be copied or reproduced for permanent storage before the originals are destroyed;(6) the form, content, and time of publication of statements of condition;(7) the form and content of any report that a savings bank is required to prepare and publish or file under this chapter;(8) the manner in which assets, liabilities, and transactions in general are to be described when entered in the books of a savings bank, so that the entry accurately describes the subject matter of the entry;(9) the conditions under which the commissioner may require an asset to be charged off or reserves established by transfer from surplus or paid-in capital because of depreciation of or overstated value of the asset;(10) the change of control of a savings bank;(11) the conduct, management, and operation of a savings bank;(12) the withdrawable accounts, bonuses, plans, and contracts for savings programs;(13) the merger, consolidation, reorganization, conversion, and liquidation of a savings bank;(14) the establishment of an additional office or the change of office location or name of a savings bank;(15) the requirements for a savings bank's holding companies, including those relating to: (A) registration and periodic reporting of a holding company with the commissioner; and(B) transactions between a holding company, an affiliate of a holding company, or a savings bank; and(16) the powers of a savings bank to make loans and investments that contain provisions reasonably necessary to ensure that a loan made by a savings bank is consistent with sound lending practices and that the savings bank's investment will promote the purposes of this subtitle, including provisions governing:(A) the type of loans and the conditions under which a savings bank may originate, make, or sell loans;(B) the conditions under which a savings bank may purchase or participate in a loan made by another lender;(C) the conditions for the servicing of a loan for another lender;(D) the conditions under which a savings bank may lend money on the security of a loan made by another person;(E) the conditions under which a savings bank may pledge loans held by it as collateral for borrowing by the savings bank;(F) the conditions under which a savings bank may invest in securities and debt instruments;(G) the documentation that a savings bank must have in its files at the time of funding or purchase of a loan, an investment, or a participation in a loan;(H) the form and content of statements of expenses and fees and other charges that are paid by a borrower or that a borrower is obligated to pay;(I) the title information that must be maintained;(J) the borrower's insurance coverage of property securing a loan;(L) the financial statement of a borrower;(M) the fees or other compensation that may be paid to a person in connection with obtaining a loan for a savings bank, including an officer, director, employee, affiliated person, consultant, or third party;(N) the conditions under which the savings bank may advance money to pay a tax, assessment, insurance premium, or other similar charge for the protection of the savings bank's interest in property securing the savings bank's loans;(O) the terms under which a savings bank may acquire and deal in real property;(P) the valuation on a savings bank's books of real property held by the savings bank;(Q) the terms governing the investment by a savings bank in a subsidiary, the powers that may be exercised by a subsidiary, and the activities that may be engaged in by a subsidiary; and(R) any other matter considered necessary to administer each type of transaction.(b) A savings bank or its subsidiary may not engage in a transaction in violation of a rule adopted under this subtitle.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 464,Sec. 11, eff. 9/1/2013.Amended By Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 6.040, eff. 9/1/2007.