CHAPTER 119. MISCELLANEOUS PROVISIONS APPLICABLE TO SAVINGS BANKS
FINANCE CODE
TITLE 3. FINANCIAL INSTITUTIONS AND BUSINESSES
SUBTITLE C. SAVINGS BANKS
CHAPTER 119. MISCELLANEOUS PROVISIONS APPLICABLE TO SAVINGS BANKS
SUBCHAPTER A. GENERAL MISCELLANEOUS PROVISIONS
Sec. 119.001. APPLICABILITY OF CHAPTER 4, BUSINESS &
COMMERCE CODE. Chapter 4, Business & Commerce Code, applies
to a savings bank with respect to an item paid, collected,
settled, negotiated, or otherwise handled by the savings bank for
a customer.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Sec. 119.002. APPLICABILITY OF SAVINGS AND LOAN LAWS TO SAVINGS
BANKS. (a) Except as provided by Subsection (b), a statute of
this state or a rule adopted under the statute that applies to or
exempts a corporation or other organization incorporated or
organized under Subtitle B or an association as defined by
Section 61.002 also applies to or exempts a savings bank.
(b) Subsection (a) does not apply to Chapters 11-13, this
subtitle, Subtitle A, Subtitle B, or the Penal Code.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Sec. 119.003. ACKNOWLEDGMENT OR PROOF TAKEN BY MEMBER,
STOCKHOLDER, OR EMPLOYEE OF SAVINGS BANK. A public officer who
is qualified to take an acknowledgment or proof of a written
instrument and who is a member or employee of, or a shareholder
in, a savings bank or federal savings bank is not disqualified
because of that relationship to the savings bank or federal
savings bank from taking an acknowledgment or proof of a written
instrument in which a savings bank or federal savings bank is
interested.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Sec. 119.004. RENDITION OF CERTAIN PERSONAL PROPERTY FOR AD
VALOREM TAXATION. (a) Each domestic savings bank and each
federal savings bank shall render for ad valorem taxation all of
its personal property, other than furniture, fixtures, equipment,
and automobiles, as a whole at the value remaining after
deducting the following from the total value of its entire
assets:
(1) all debts that it owes;
(2) all tax-free securities that it owns;
(3) its loss reserves and surplus;
(4) its deposit liability; and
(5) the appraised value of its furniture, fixtures, and real
property.
(b) The domestic savings bank or federal savings bank shall
render the personal property, other than furniture, fixtures,
equipment, and automobiles, to the chief appraiser of the
appraisal district in the county in which its principal office is
located.
(c) Furniture, fixtures, equipment, and automobiles of a
domestic savings bank or federal savings bank shall be rendered
and valued for ad valorem taxation as provided by the Tax Code.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Sec. 119.005. STATE TAXATION OF SAVINGS BANKS. The state shall
tax a domestic or federal savings bank doing business in this
state in the same manner and to the same extent as a
corresponding savings and loan association.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Sec. 119.006. INITIATION OF RULEMAKING BY SAVINGS BANKS. The
finance commission shall initiate rulemaking proceedings under
Chapter 2001, Government Code, if at least 20 percent of the
savings banks petition the finance commission in writing
requesting the adoption, amendment, or repeal of a rule.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 867, Sec. 64, eff. Sept. 1,
2001.
Sec. 119.007. EXEMPTION FROM SECURITIES LAWS. A deposit
account, certificate, or other evidence of an interest in the
deposit liability of a savings bank or federal savings bank is
not considered a security under The Securities Act (Article 581-1
et seq., Vernon's Texas Civil Statutes). A security of these
savings banks, other than an interest in the deposit liability of
a savings bank, is not subject to the registration requirements
of that Act. A person whose principal occupation is being an
officer of a savings bank is exempt from the registration and
licensing provisions of that Act with respect to that person's
participation in a sale or other transaction involving securities
of the savings bank of which the person is an officer.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Sec. 119.008. LIABILITY OF COMMISSIONER AND OTHER COMMISSION
PERSONNEL; DEFENSE BY ATTORNEY GENERAL. (a) The commissioner, a
member of the finance commission, a deputy commissioner, an
examiner, or any other officer or employee of the Department of
Savings and Mortgage Lending is not personally liable for damages
arising from the person's official act or omission unless the act
or omission is corrupt or malicious.
(b) The attorney general shall defend an action brought against
a person described by Subsection (a) because of the person's
official act or omission without regard to whether the person is
an officer or employee of the department at the time the action
is initiated.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 6.050, eff. September 1, 2007.
SUBCHAPTER B. ACCESS TO AND DISCLOSURE OF CERTAIN INFORMATION
Sec. 119.101. ACCESS TO BOOKS AND RECORDS OF SAVINGS BANK. (a)
The books and records of a savings bank may be examined only by:
(1) the commissioner or the commissioner's representative in
accordance with Sections 96.054-96.057;
(2) a person authorized to act for the savings bank;
(3) an agent of a governmental agency that has insured the
deposit accounts of the savings bank;
(4) a borrower or deposit account holder of the savings bank, in
accordance with Subsection (b); or
(5) for a capital stock savings bank, a stockholder of the
capital stock savings bank, in accordance with Subsection (c).
(b) A borrower or deposit account holder of a savings bank is
entitled to examine only the books and records of the savings
bank that relate to the person's loan or deposit account.
(c) A stockholder of a capital stock savings bank has the same
right to examine the relevant books and records of a savings bank
as a shareholder of a business corporation under the Texas
Business Corporation Act.
(d) A person is entitled to a partial or complete list of the
stockholders of a stock savings bank or of the members of a
mutual savings bank only if expressly permitted by the board of
directors of the savings bank.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Sec. 119.102. PRODUCTION AND ADMISSIBILITY OF ITEMS OF SAVINGS
BANK IN JUDICIAL PROCEEDING. (a) In a judicial proceeding, the
court may order the production of books, records, and files of a
savings bank.
(b) The books, records, and files of a savings bank are not
admissible as evidence in any proceeding concerning the validity
of a tax assessment or the collection of delinquent taxes,
penalties, and interest, unless:
(1) a stockholder or deposit account holder is a proper party to
the proceeding, in which event a book, file, or record pertaining
to the account of the party is admissible; or
(2) the savings bank is a proper party to the proceeding, in
which event a book, file, or record material to the proceeding is
admissible.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER C. OFFENSES AND PENALTIES
Sec. 119.201. ADMINISTRATIVE PENALTY FOR FAILING TO COMPLY WITH
SUBTITLE. (a) The commissioner may require a savings bank that
knowingly violates this subtitle or a rule adopted under this
subtitle to pay to the Department of Savings and Mortgage Lending
an administrative penalty not to exceed $10,000 for each day that
the violation occurs after notice of the violation is given by
the commissioner.
(b) On the commissioner's certification that a savings bank has
not paid a penalty assessed under this section, the attorney
general may file suit to collect the penalty.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
1018, Sec. 3.04, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 6.051, eff. September 1, 2007.