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Law & Guidance Manual

The Law & Guidance Manual includes select statutes, rules, legal opinions, supervisory memorandum, and regulatory guidance applicable to our regulated entities. It has been updated with changes through March 31, 2007.

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Law & Guidance Manual
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Law & Guidance Manual - Updated through March 31, 2007 Order a Copy of the Law & Guidance Manual


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New Actions since March 2007
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New Actions Sorted by Effective Date
Effective Type Subject Matter Applicable Entitles
11/08/07 Rule - Amendment §9.26 Applicability of Texas Rules of Evidence.
FC
11/08/07 Rule - Repeal §25.10 Recordkeeping Requirements for Insurance-Funded Prepaid Funeral Benefits Contracts.
PFC
11/08/07 Rule - New §25.10 Recordkeeping Requirements for Insurance-Funded Prepaid Funeral Benefits Contracts.
PFC
11/08/07 Rule - Amendment §25.23 Application and Renewal Fees; §25.24 What fees must I pay for an examination?
PFC
11/08/07 Rule - Amendment §26.1 What fees must I pay to operate a perpetual care cemetery?
PCC
09/06/07 Rule - Amendment §§12.1 Purpose and Scope; 12.3 Loans and Extensions of Credit; 12.5 Percentage Lending Limits; 12.6 Loans not Subject to Lending Limits; 12.8 Other Exceptions; 12.9 Aggregation and Attribution; 12.10 Nonconforming Loans, 12.33 Debt Cancellation Contracts and Debt Suspension Agreements; and 12.91 Other Real Estate Owned.
Bank
09/06/07 Rule - Repeal §§12.2 General Definitions; 12.61 Transition Provisions; and 12.62 Definition of Equity Capital.
Bank
09/06/07 Rule - New §§12.2 Definitions; 12.11 Calculation of Lending Limit; 12.61 Calculation of Investment Limit; and 12.62 Hedging Investments.
Bank
09/01/07 Statute - Amendment 2 TFC Ch 11 Finance Commission of Texas: §§11.001 Definitions; 11.002 Purpose of Commission; Strategic Plan; 11.102 Qualifications of Members; 11.103 Removal of members; 11.105 Matter in Which Member has Personal Interest; 11.107 Presiding Officer; 11.111 Separation of Functions; 11.303 Disclosure of Certain Information to Finance Commission Prohibited; 11.305 Research; 11.3055 Financial Services Study; 11.307 Rules Relating to Consumer Complaints.
FC
09/01/07 Statute - New 2 TFC §11.309 Rules Relating to Check Verification Entities.
FC
09/01/07 Statute - New 2 TFC Ch 12 Texas Department of Banking: §12.1085 Financial Literacy Program.
DOB
09/01/07 Statute - Amendment 3 TFC §§31.002 Definitions; 31.006 Liability of Depository Institution Directors and Personnel; 31.007 Exemption of Bank Directors and Personnel from Securities Law.
Bank
09/01/07 Statute - Amendment 3 TFC §31.105 Examination Required.
Bank
09/01/07 Statute - Amendment 3 TFC §§31.301 Disclosure by Department Prohibited; and 31.308 Shareholder Inspection Rights.
Bank
09/01/07 Statute - Amendment 3 TFC §§32.002 Articles of Association of State Bank; 32.003 Application for State Bank Charter; Standards for Approval; 32.004 Notice and Investigation of Charter Application; 32.005 Protest; Hearing; Decision on Charter Application; and 32.006 Issuance of Certificate of Authority; Application of General Corporate Law.
Bank
09/01/07 Statute - Amendment 3 TFC §§32.101 Amendment or Restatement of State Bank Articles of Association; 32.102 Establishing Series of Shares; 32.103 Change in Outstanding Capital and Surplus; and 32.104 Capital Notes or Debentures.
Bank
09/01/07 Statute - Amendment 3 TFC §§32.202 Home Office; 32.203 Branch Offices.
Bank
09/01/07 Statute - Amendment 3 TFC §33.201 Liability of Participants and Managers; 33.204 Management of Limited Banking Association; 33.206 Interest in Limited Banking Association; Transferability of Interest; 33.208 Dissolution; 33.211 Application of Other Provisions to Limited Banking Associations.
Bank
09/01/07 Statute - Repeal 3 TFC §33.202 Filing of Notice of Copy of Participation Agreement; 33.203 Contracting for Debt of Obligation; 33.205 Withdrawal or Reduction of Participant’s Contribution to Capital; 33.207 Bylaws of Limited Banking Association.
Bank
09/01/07 Statute - Amendment 3 TFC §§32.301 Merger Activity; and 32.303 Rights of Dissenters from Merger.
Bank
09/01/07 Statute - Amendment 3 TFC §§32.401 Authority to Purchase Assets; 32.403 Liquidation of Selling Institution; and 32.405 Sale of Assets.
Bank
09/01/07 Statute - Amendment 3 TFC §§ 32.501 Merger or Conversion of State Bank into Another Financial Institution; and 32.502 Conversion of Financial Institution into State Bank.
Bank
09/01/07 Statute - Amendment 3 TFC §§33.001 Acquisition of Control; 33.002 Application Regarding Acquisition of Control.
Bank
09/01/07 Statute - Amendment 3 TFC §33.101 Voting Securities Held by Bank; 33.102 Bylaws; 33.103 Board of Directors, Managers, or Managing Participants; 33.104 Advisory Director or Advisory Manager; 33.105 Required Monthly Board Meeting; 33.108 Criminal Offenses; and 33.109 Transactions with Management and Affiliates.
Bank
09/01/07 Statute - Amendment 3 TFC §§34.002 Investment in Bank Facilities.
Bank
09/01/07 Statute - New 3 TFC §§34.004 Passive Investment in Mineral Interests.
Bank
09/01/07 Statute - Amendment 3 TFC §§34.101 Securities; 34.102 Transaction in Bank Shares; 34.103 Bank Subsidiaries; 34.104 Mutual Funds; 34.105 Other Direct Equity Investments; 34.106 Investments for Public Welfare.
Bank
09/01/07 Statute - Amendment 3 TFC §§34.201 Lending Limits; 34.202 Violation of Lending Limit; 34.203 Loan Expenses and Fees;.
Bank
09/01/07 Statute - Amendment 3 TFC §34.304 Securing Deposits.
Bank
09/01/07 Statute - Amendment 3 TFC §§35.002 Cease and Desist Order; 35.003 Removal or Prohibition Order; 35.005 Emergency Order; 35.006 Copy of Letter or Order in Bank Records; 35.007 Effect of Final Removal or Prohibition Order.
Bank
09/01/07 Statute - Amendment 3 TFC §§35.101 Order of Supervision; 35.102 Order of Conservatorship; 35.106 Authority of Supervisor; 35.107 Authority of Conservator.
Bank
09/01/07 Statute - Amendment 3 TFC §§36.101 Initiating Voluntary Dissolution; 36.102 Filing Resolutions with Banking Commissioner; 36.108 Final Liquidation.
Bank
09/01/07 Statute - Amendment 3 TFC §§36.201 Action to Close State Bank; 36.203 Nature and Duration of Receivership; 36.204 Contest of Liquidation; 36.208 Rights Fixed; 36.212 Requiring Record or Other Property in Possession of Other Person; 36.213 Injunction in Aid of Liquidation; 36.216 Preferences.
Bank
09/01/07 Statute - Amendment 3 TFC §§36.301 Filing Claim; 36.308 Objection to Approved Claim; 36.310 Payment of Claim; 36.312 Priority of Claims Against Uninsured Bank; 36.313 Excess Assets.
Bank
09/01/07 Statute - Amendment 3 TFC 37.004 Effect of Closing.
Bank
09/01/07 Statute - New 3 TFC §§37.007 Temporary Branch or Office; 37.008 Regulatory Coordination.
Bank
09/01/07 Statute - Amendment 3 TFC §59.310 Enforcement and Rules.
Bank
09/01/07 Statute - Amendment 3 TFC §§154.255 Standard Duty of Depository; 154.256 Standard Duty of Trustee; 154.258 Investment and Management of Trust Assets.
PFC
09/01/07 Statute - Repeal 3 TFC §154.259 Disposal of Nonconforming Investments.
PFC
09/01/07 Statute - Amendment 3 TFC §§181.002 Definitions; 181.005 Liability of Trust Company Directors and Personnel.
TC
09/01/07 Statute - Amendment 3 TFC §181.308 Shareholder Inspection Rights.
TC
09/01/07 Statute - Amendment 3 TFC §§182.002 Articles of Association of State Trust Company; 182.004 Notice and Investigation of Charter Application; 182.005 Protest; Hearing; Decision on Charter Application; 182.009 Application of General Corporate Law; and 182.021 Activities Not Requiring Charter.
TC
09/01/07 Statute - Amendment 3 TFC §§182.101 Amendment or Restatement of State Trust Company Articles of Association, 182.102 Establishing Series of Shares or Participation Shares; and 182.103 Change in Restricted Capital.
TC
09/01/07 Statute - Amendment 3 TFC §182.202 Home Office.
TC
09/01/07 Statute - Amendment 3 TFC §§182.301 Merger Authority; and 182.304 Rights of Dissenters to Merger.
TC
09/01/07 Statute - Amendment 3 TFC §§182.401 Authority to Purchase Assets; and 182.405 Sale of Assets.
TC
09/01/07 Statute - Amendment 3 TFC §182.501 Merger or Conversion of State Trust Company into Another Trust Institution Exercising Fiduciary Powers.
TC
09/01/07 Statute - Amendment 3 TFC §183.002 Application Regarding Acquisition of Control.
TC
09/01/07 Statute - Amendment 3 TFC §183.102 Bylaws.
TC
09/01/07 Statute - Amendment 3 TFC §§186.101 Initiating Voluntary Dissolution; and 186.102 Filing Resolutions with Banking Commissioner.
TC
09/01/07 Statute - Amendment 3 TFC §187.005 Designation of Trustee and Governing Law.
TC
09/01/07 Statute - Amendment 3 TFC §187.202 Registration of Representative Trust Office.
TC
09/01/07 Statute - Amendment 3 TFC §187.303 Interpretive Statements and Opinions.
TC
09/01/07 Statute - Amendment 3 TFC §201.002 Definitions.
BHC
09/01/07 Statute - Amendment 3 TFC §202.005 Applicable Laws.
BHC
09/01/07 Statute - Amendment 3 TFC §203.002 Conditions for Entry by DeNovo Branching.
Bank
09/01/07 Statute - Amendment 3 TFC §204.105 Powers of Branch and Agency.
FB
09/01/07 Statute - Amendment 3 TFC §274.001 Definitions; §274.003 Subsidiary Trust Company.
Bank
09/01/07 Statute - Amendment 8 HSC §711.008 Location of Cemetery.
PCC
07/12/07 LO - Legal Opinion LO 07-03 (pdf version) - Conveyance of a right of second sepulture. PCC
07/11/07 SM -
Supervisory Memorandum - Revised
SM 1003 (pdf version) - Examination Frequency for State-chartered Commercial Banks Bank
07/10/07 RG -
Regulatory Guidance - Revised
RG 3005 (pdf version) - Consumer Complaint Notices Bank
FBA
TC
MSB
07/05/07 Rule - Amendment §3.37 Calculation of Annual Assessment for Banks.
Bank
07/05/07 Rule - New §15.43 Establishment and Operation of a Remote Service Unit.
Bank
06/15/07 Statute - Amendment 3 TFC §59.310 Enforcement and Rules.
Bank
06/04/07 SM -
Supervisory Memorandum - Revised
SM 1020 (pdf version) - Information Technology (IT) Examination Frequency and Ratings Bank
TC
05/25/07 Statute - Amendment 3 TFC §31.002 Definitions.
Bank
05/25/07 Statute - Amendment 3 TFC §32.203 Branch Offices.
Bank
05/25/07 Statute - Amendment 3 TFC §203.002 Conditions for Entry by DeNovo Branching.
Bank
05/10/07 Rule - Amendment §3.22 Concerning sale or lease agreements with an officer, director, or principal shareholder of the bank or of an affiliate of the bank.
Bank
05/10/07 Rule - Amendment §21.24 Exemptions for Trust Companies Administering Family Trusts
TC
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New Actions Sorted by Type
Effective Type Subject Matter Applicable Entitles
09/01/07 Statute - Repeal 3 TFC §33.202 Filing of Notice of Copy of Participation Agreement; 33.203 Contracting for Debt of Obligation; 33.205 Withdrawal or Reduction of Participant’s Contribution to Capital; 33.207 Bylaws of Limited Banking Association.
Bank
09/01/07 Statute - Repeal 3 TFC §154.259 Disposal of Nonconforming Investments.
PFC
09/01/07 Statute - Amendment 2 TFC Ch 11 Finance Commission of Texas: §§11.001 Definitions; 11.002 Purpose of Commission; Strategic Plan; 11.102 Qualifications of Members; 11.103 Removal of members; 11.105 Matter in Which Member has Personal Interest; 11.107 Presiding Officer; 11.111 Separation of Functions; 11.303 Disclosure of Certain Information to Finance Commission Prohibited; 11.305 Research; 11.3055 Financial Services Study; 11.307 Rules Relating to Consumer Complaints.
FC
05/25/07 Statute - Amendment 3 TFC §31.002 Definitions.
Bank
09/01/07 Statute - Amendment 3 TFC §§31.002 Definitions; 31.006 Liability of Depository Institution Directors and Personnel; 31.007 Exemption of Bank Directors and Personnel from Securities Law.
Bank
09/01/07 Statute - Amendment 3 TFC §31.105 Examination Required.
Bank
09/01/07 Statute - Amendment 3 TFC §§31.301 Disclosure by Department Prohibited; and 31.308 Shareholder Inspection Rights.
Bank
09/01/07 Statute - Amendment 3 TFC §§32.002 Articles of Association of State Bank; 32.003 Application for State Bank Charter; Standards for Approval; 32.004 Notice and Investigation of Charter Application; 32.005 Protest; Hearing; Decision on Charter Application; and 32.006 Issuance of Certificate of Authority; Application of General Corporate Law.
Bank
09/01/07 Statute - Amendment 3 TFC §§32.101 Amendment or Restatement of State Bank Articles of Association; 32.102 Establishing Series of Shares; 32.103 Change in Outstanding Capital and Surplus; and 32.104 Capital Notes or Debentures.
Bank
09/01/07 Statute - Amendment 3 TFC §§32.202 Home Office; 32.203 Branch Offices.
Bank
05/25/07 Statute - Amendment 3 TFC §32.203 Branch Offices.
Bank
09/01/07 Statute - Amendment 3 TFC §§32.301 Merger Activity; and 32.303 Rights of Dissenters from Merger.
Bank
09/01/07 Statute - Amendment 3 TFC §§32.401 Authority to Purchase Assets; 32.403 Liquidation of Selling Institution; and 32.405 Sale of Assets.
Bank
09/01/07 Statute - Amendment 3 TFC §§ 32.501 Merger or Conversion of State Bank into Another Financial Institution; and 32.502 Conversion of Financial Institution into State Bank.
Bank
09/01/07 Statute - Amendment 3 TFC §§33.001 Acquisition of Control; 33.002 Application Regarding Acquisition of Control.
Bank
09/01/07 Statute - Amendment 3 TFC §33.101 Voting Securities Held by Bank; 33.102 Bylaws; 33.103 Board of Directors, Managers, or Managing Participants; 33.104 Advisory Director or Advisory Manager; 33.105 Required Monthly Board Meeting; 33.108 Criminal Offenses; and 33.109 Transactions with Management and Affiliates.
Bank
09/01/07 Statute - Amendment 3 TFC §33.201 Liability of Participants and Managers; 33.204 Management of Limited Banking Association; 33.206 Interest in Limited Banking Association; Transferability of Interest; 33.208 Dissolution; 33.211 Application of Other Provisions to Limited Banking Associations.
Bank
09/01/07 Statute - Amendment 3 TFC §§34.002 Investment in Bank Facilities.
Bank
09/01/07 Statute - Amendment 3 TFC §§34.101 Securities; 34.102 Transaction in Bank Shares; 34.103 Bank Subsidiaries; 34.104 Mutual Funds; 34.105 Other Direct Equity Investments; 34.106 Investments for Public Welfare.
Bank
09/01/07 Statute - Amendment 3 TFC §§34.201 Lending Limits; 34.202 Violation of Lending Limit; 34.203 Loan Expenses and Fees;.
Bank
09/01/07 Statute - Amendment 3 TFC §34.304 Securing Deposits.
Bank
09/01/07 Statute - Amendment 3 TFC §§35.002 Cease and Desist Order; 35.003 Removal or Prohibition Order; 35.005 Emergency Order; 35.006 Copy of Letter or Order in Bank Records; 35.007 Effect of Final Removal or Prohibition Order.
Bank
09/01/07 Statute - Amendment 3 TFC §§35.101 Order of Supervision; 35.102 Order of Conservatorship; 35.106 Authority of Supervisor; 35.107 Authority of Conservator.
Bank
09/01/07 Statute - Amendment 3 TFC §§36.101 Initiating Voluntary Dissolution; 36.102 Filing Resolutions with Banking Commissioner; 36.108 Final Liquidation.
Bank
09/01/07 Statute - Amendment 3 TFC §§36.201 Action to Close State Bank; 36.203 Nature and Duration of Receivership; 36.204 Contest of Liquidation; 36.208 Rights Fixed; 36.212 Requiring Record or Other Property in Possession of Other Person; 36.213 Injunction in Aid of Liquidation; 36.216 Preferences.
Bank
09/01/07 Statute - Amendment 3 TFC §§36.301 Filing Claim; 36.308 Objection to Approved Claim; 36.310 Payment of Claim; 36.312 Priority of Claims Against Uninsured Bank; 36.313 Excess Assets.
Bank
09/01/07 Statute - Amendment 3 TFC 37.004 Effect of Closing.
Bank
09/01/07 Statute - Amendment 3 TFC §59.310 Enforcement and Rules.
Bank
06/15/07 Statute - Amendment 3 TFC §59.310 Enforcement and Rules.
Bank
09/01/07 Statute - Amendment 3 TFC §§154.255 Standard Duty of Depository; 154.256 Standard Duty of Trustee; 154.258 Investment and Management of Trust Assets.
PFC
09/01/07 Statute - Amendment 3 TFC §§181.002 Definitions; 181.005 Liability of Trust Company Directors and Personnel.
TC
09/01/07 Statute - Amendment 3 TFC §181.308 Shareholder Inspection Rights.
TC
09/01/07 Statute - Amendment 3 TFC §§182.002 Articles of Association of State Trust Company; 182.004 Notice and Investigation of Charter Application; 182.005 Protest; Hearing; Decision on Charter Application; 182.009 Application of General Corporate Law; and 182.021 Activities Not Requiring Charter.
TC
09/01/07 Statute - Amendment 3 TFC §§182.101 Amendment or Restatement of State Trust Company Articles of Association, 182.102 Establishing Series of Shares or Participation Shares; and 182.103 Change in Restricted Capital.
TC
09/01/07 Statute - Amendment 3 TFC §182.202 Home Office.
TC
09/01/07 Statute - Amendment 3 TFC §§182.301 Merger Authority; and 182.304 Rights of Dissenters to Merger.
TC
09/01/07 Statute - Amendment 3 TFC §§182.401 Authority to Purchase Assets; and 182.405 Sale of Assets.
TC
09/01/07 Statute - Amendment 3 TFC §182.501 Merger or Conversion of State Trust Company into Another Trust Institution Exercising Fiduciary Powers.
TC
09/01/07 Statute - Amendment 3 TFC §183.002 Application Regarding Acquisition of Control.
TC
09/01/07 Statute - Amendment 3 TFC §183.102 Bylaws.
TC
09/01/07 Statute - Amendment 3 TFC §§186.101 Initiating Voluntary Dissolution; and 186.102 Filing Resolutions with Banking Commissioner.
TC
09/01/07 Statute - Amendment 3 TFC §187.005 Designation of Trustee and Governing Law.
TC
09/01/07 Statute - Amendment 3 TFC §187.202 Registration of Representative Trust Office.
TC
09/01/07 Statute - Amendment 3 TFC §187.303 Interpretive Statements and Opinions.
TC
09/01/07 Statute - Amendment 3 TFC §201.002 Definitions.
BHC
09/01/07 Statute - Amendment 3 TFC §202.005 Applicable Laws.
BHC
09/01/07 Statute - Amendment 3 TFC §203.002 Conditions for Entry by DeNovo Branching.
Bank
05/25/07 Statute - Amendment 3 TFC §203.002 Conditions for Entry by DeNovo Branching.
Bank
09/01/07 Statute - Amendment 3 TFC §204.105 Powers of Branch and Agency.
FB
09/01/07 Statute - Amendment 3 TFC §274.001 Definitions; §274.003 Subsidiary Trust Company.
Bank
09/01/07 Statute - Amendment 8 HSC §711.008 Location of Cemetery.
PCC
09/01/07 Statute - New 2 TFC §11.309 Rules Relating to Check Verification Entities.
FC
09/01/07 Statute - New 2 TFC Ch 12 Texas Department of Banking: §12.1085 Financial Literacy Program.
DOB
09/01/07 Statute - New 3 TFC §§34.004 Passive Investment in Mineral Interests.
Bank
09/01/07 Statute - New 3 TFC §§37.007 Temporary Branch or Office; 37.008 Regulatory Coordination.
Bank
09/06/07 Rule - Repeal §§12.2 General Definitions; 12.61 Transition Provisions; and 12.62 Definition of Equity Capital.
Bank
11/08/07 Rule - Repeal §25.10 Recordkeeping Requirements for Insurance-Funded Prepaid Funeral Benefits Contracts.
PFC
09/06/07 Rule - New §§12.2 Definitions; 12.11 Calculation of Lending Limit; 12.61 Calculation of Investment Limit; and 12.62 Hedging Investments.
Bank
07/05/07 Rule - New §15.43 Establishment and Operation of a Remote Service Unit.
Bank
11/08/07 Rule - New §25.10 Recordkeeping Requirements for Insurance-Funded Prepaid Funeral Benefits Contracts.
PFC
05/10/07 Rule - Amendment §3.22 Concerning sale or lease agreements with an officer, director, or principal shareholder of the bank or of an affiliate of the bank.
Bank
07/05/07 Rule - Amendment §3.37 Calculation of Annual Assessment for Banks.
Bank
11/08/07 Rule - Amendment §9.26 Applicability of Texas Rules of Evidence.
FC
09/06/07 Rule - Amendment §§12.1 Purpose and Scope; 12.3 Loans and Extensions of Credit; 12.5 Percentage Lending Limits; 12.6 Loans not Subject to Lending Limits; 12.8 Other Exceptions; 12.9 Aggregation and Attribution; 12.10 Nonconforming Loans, 12.33 Debt Cancellation Contracts and Debt Suspension Agreements; and 12.91 Other Real Estate Owned.
Bank
05/10/07 Rule - Amendment §21.24 Exemptions for Trust Companies Administering Family Trusts
TC
11/08/07 Rule - Amendment §25.23 Application and Renewal Fees; §25.24 What fees must I pay for an examination?
PFC
11/08/07 Rule - Amendment §26.1 What fees must I pay to operate a perpetual care cemetery?
PCC
07/12/07 LO - Legal Opinion LO 07-03 (pdf version) - Conveyance of a right of second sepulture. PCC
07/11/07 SM -
Supervisory Memorandum - Revised
SM 1003 (pdf version) - Examination Frequency for State-chartered Commercial Banks Bank
06/04/07 SM -
Supervisory Memorandum - Revised
SM 1020 (pdf version) - Information Technology (IT) Examination Frequency and Ratings Bank
TC
07/10/07 RG -
Regulatory Guidance - Revised
RG 3005 (pdf version) - Consumer Complaint Notices Bank
FBA
TC
MSB

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Key

Type
 
Entities
Statute | Statute   Bank | Bank
Rule | Rule   FBA | Foreign Bank Agencies
LO | Legal Opinion   TC | Commercial Trust Companies
SM | Supervisory Memorandum   MSB | Money Services Businesses
RG | Regulatory Guidance   PFC | Prepaid Funeral Contract Sales
    PCC | Perpetual Care Cemeteries
    PCSEA | Private Child Support Enforcement Agencies
    FC | Finance Commission