Sec. 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;
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Sec. 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;
(K) an appraisal report;
(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.
SUBCHAPTER B. EXAMINATIONS AND REPORTS