Texas Register, Volume 13, Number 60, Pages 3791-3856, August 5, 1988 Page: 3,806
3791-3856 p. ; 28 cm.View a full description of this periodical.
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applicant or any affiliated organizations;
or
(B) the applicant's record
of helping to meet the credit needs of its
entire community, including low and
moderate income neighborhoods, consis-
tent with the safe and sound operation of
the bank, is less than satisfactory; or
(C) any financial or other
business arrangement, direct or indirect,
involving the proposed branch and bank
insiders (directors, officers, employees,
and shareholde s owning or controlling,
directly or indirectly, 10 percent or more
of any class of the subject bank's voting
stock) Involves terms and conditions
more favorable to the insiders than
would be available in a comparable
transaction with unrelated parties.
(f) Community. If the proposed
branch will change th bank's existing
community delineation, the applicant's
board of directors must act upon any
material change at its first regular meet-
ing after the change, i.e., the establish-
ment of the branch. In the application,
the bank must Indicate the ways it in-
tends to vary its lending policy, proce-
dures, or services at the proposed
branch, if at all.
(g) Application Procedure. Appli-
cation forms and Instructions may be ob-
tained from the Texas Department of
Banking, 2601 North Lamar Boulevard,
Austin, Texas 78705.
(1) Notice of Filing of Applica-
tion. The applicant shall publish a notice
in a newspaper of general circulation in
the community in which the applicant
proposes to establish a branch. The no-
tice shall state that a branch application
is being filed as of the date of notice, and
the notice shall contain the name of the
applicant(s) and the location of the pro-
posed branch. The application shall be
mailed or delivered to the commissioner
on the same day the notice is published.
A statement containing the date of publi-
cation and the name and address of the
newspaper in which the notice was pub-
lished, shall be furnished with the appli-
cation.
(2) Written comments on ap-
plications. Within 30 days after notice by
publication as required herein, any per-
son may submit to the commissioner
written comments and data on the appli-
cation. The commissioner may extend the
30-day comment period if, in his Judg-
ment, the applicant has failed to file all
required supporting data in time to per-
mit review by interested persons or if
other extenuating circumstances exist.
(3) Requests for hearing.
Within 30 days after notice by publica-
tion required herein, or within the ex-
tended comment period described inparagraph (2) , any person may submit
to the commissioner a written request for
a hearing on an application.
(A) The request shall state
the nature of the Issues or facts to the
presented and the reasons why written
submissions would be Insufficient to
make an adequate presentation to the
commissioner. If the reasons are related
to factual disputes, the disputes shall be
described.
(B) Written requests for
hearing and requests for waiver of
hearing-related costs shall be evaluated
by the commissioner, who may grant or
deny such request in whole or in part. A
hearing request shall generally be
granted only if it is determined that writ-
ten submissions would be inadequate or
that a hearing would otherwise be benefi-
cial to the decision-making process. A
hearing may be limited to issues consid-
ered material by the commissioner.
(C) When a hearing is
granted, it shall be conducted during
normal business hours at the Texas De-
partment of Banking office in Austin.
(D) A transcript of each
hearing is arranged by the Texas Depart-
ment of Banking. The cost of one copy of
the transcript for use by the person(s)
requesting the hearing and two copies of
the transcript for the Texas Department
of Banking are generally borne by the
person(s) requesting and being granted
the hearing. If a person requesting a
hearing desires a waiver of these costs,
the written request for the hearing shall
state the reasons such waiver is necessary
or appropriate and must include a show-
ing of financial need. When a waiver is
granted, the cost of two transcripts for
the Texas Department of Banking and
one transcript for use by the person(s)
requesting the waiver may be borne by
the Texas Department of Banking.
(4) Action on requests for
hearings. If a request for hearing has
been made and denied, the commissioner
shall notify the applicant and all persons
who have filed written submissions with
the commissioner relating to the applica-
tion and shall state the reasons for the
denial. Within 14 days after the date of
the notice of denial, the commissioner
will accept additional written comments
or data on the application. Copies of such
written submissions or data shall simul-
taneously be sent to the applicant by the
person(s) making the submission. The ap-
plicant shall be provided an additional
seven days after the 14-day deadline has
expired within which to respond to any
comments submitted within the 14-day
period. The commissioner may wave thisseven day period if so requested by the
applicant. A copy of any response sub-
mitted by the applicant shall also be
mailed simultaneously by the applicant to
all persons who have filed written sub-
missions with the commissioner relating
to the application.
(5) Hearing. When a request
for hearing made in accordance with this
section is granted, or when a hearing is
ordered because the commissioner be-
lieves that it is in the public interest, the
Texas Department of Banking shall Issue
a notice of hearing and conduct a hearing
in accordance with the Administrative
Procedure and Texas Register Act, Texas
Civil Statutes, Article 6252-13a.
(6) Confidential information.
A public file shall be established by the
Texas Department of Banking in the case
of each application. That file shall consist
of the application with supporting data
and supplementary information, except
for material deemed by the commissioner
in accordance with applicable law, to be
confidential, such as trade secrets nor-
mally not available through commercial
publication or other information made
confidential under the Texas Open Re-
cords Act or the Texas Banking Code. In
addition, the public file shall contain all
data and information submitted by inter-
ested persons in favor of or h opposition
to such application, excluding any mate-
rial deemed by the commissioner in ac-
cordance with applicable law, to be
confidential. Information may be deemed
confidential and withheld from the public
file only upon request of the person sub-
mitting the information. All factual infor-
mation submitted to or obtained by the
Texas Department of Banking staff shall
also be made part of the public file, un-
less deemed confidential by the commis-
sioner. In no event shall Information
required by statute or regulation to be
treated as confidential be made a part of
a public file.
(7) Investigation, examination,
and required Information. The commis-
sioner may conduct an investigation or
examination into the facts of an applica-
tion and the character, management abil-
ity, and good faith of the persons or
parties filing an application to the extent
necessary to reach an informed decision.
Additionally, the commissioner may re-
quire any person(s) or bank(s) submit-
ting an application or any affiliated
person(s) or bank(s) to submit such in-
formation, data, opinion of counsel, or
other materials as may be specified by
the commissioner. Failure to comply with
such demand of the commissioner may
be treated as abandonment of the filing
to which the information, data, opinion
of counsel, or other material relates. Fees
may be assessed for these investigations
or examinations based on the actual cost
to the Texas Department of Banking.13 TexReg 3806 August 5, 1988 Texas Register
August 5, 1988 Texas Register
13 TexReg 3806
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Texas. Secretary of State. Texas Register, Volume 13, Number 60, Pages 3791-3856, August 5, 1988, periodical, August 5, 1988; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth220268/m1/16/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.