Texas Register, Volume 9, Number 22, Pages 1649-1724, March 23, 1984 Page: 1,671
1649-1724 p. ; 28 cm.View a full description of this periodical.
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TITLE 7. BANKING AND
SECURITIES
Part II. Banking Department of
Texas
Chapter 11. Miscellaneous
General
7 TAC 11.30
The Banking Department of Texas proposes new
11.30, concerning drive-in/walk-up facilities under
Texas Civil Statutes, Article 342-903(c), which autho-
rize a bank to establish a facility whose nearest bound-
ary is within 10,500 feet. The department has con-
cluded that the language in the statute for this facil-
ity does not limit a bank to a single building or struc-
ture as in the case of office facilities authorized else-
where in the statute. In the latter instance, the stat-
ute requires the nearest wall of the office facility to
be within certain distances.
Archie P. Clayton III, general counsel, has determined
that for the first five-year period the section will be
in effect there will be no fiscal implications for state
or local government or small businesses as a result
of enforcing or administering the section.
Mr. Clayton also has determined that for each year
of the first five years the section as proposed is in ef-
fect the public benefit anticipated as a result of en-
forcing the section as proposed is a clear undor-
standing of the limitations on a drive-in/walk-up fa-
cility established by Texas banks. There is no antici-
pated economic cost to individuals who are required
to comply with the section as proposed.
Comments on the proposal may be submitted to
Archie P. Clayton III, General Counsel, 2601 North
Lamar Boulevard, Austin, Texas 78705.
The new section is proposed under Texas Civil Stat-
utes, Article 342-207, which provide the banking
commissioner with the authority to enforce the pro-
visions of the Texas Banking Code.
1.30. Drive-In/Walk-Up Facilities.
(a) Definitions. The following words and terms,
when used in this section, shall have the following mean-
ings, unless the context clearly indicates otherwise:
Facility-A single, continuous parcel of land over
which the bank has sole and exclusive control.
Secured teller lobby-An area used by the bank
to offer banking services in which the teller work area
is secure from the public.
Boundary-The outer limit of the facility.
Bank-State, national, or private bank.
(b) Establishment of a drive-in/walk-up facility. A
bank may establish a drive-in/walk-up facility pursuant
to the Texas Banking Code, Article 3(c), Chapter IX, no
more than 10,500 feet from its central building without
notice or approval of the Banking Department of Texas.
A bank may use more than one building or structure lo-
cated on the facility if the buildings or structures are in-
cidental to each other in the provision of banking services.
In the department's view, they must be no more than 500feet apart at their nearest walls to be considered inciden-
tal. Any banking services may be offered at the drive-in/
walk-up or secured teller lobby located on the facility.
Offices which directly access into the lobby are considered
part of the lobby. All three manners of service do not
have to be offered at the facility.
This agency hereby certifies that the proposal has
been reviewed by legal counsel and found to be within
the agency's authority to adopt.
Issued in Austin, Texas, on March 7, 1984.
TRD-843056 Archie P Clayton III
General Counsel
Banking Department of Texas
Earliest possible date of adoption'
April 23, 1984
For further information, please call (512) 475-4451.
7 TAC 11.33
The Banking Department of Texas proposes new
11.33, concerning loan production offices. The pro-
posed ruling states the department's guidelines for the
operation of a loan production office by a bank.
Archie P. Clayton III, general counsel, has determined
that for the first five-year period the rule will be in ef-
fect there will be no fiscal implications for state or local
government or small businesses as a result of enforc-
ing or administering the rule.
Mr. Clayton also has determined that for each year
of the first five years the rule as proposed is in effect
the public benefit anticipated as a result of enforcing
the rule as proposed is increased convenience for bor-
rowers. There is no anticipate,4 economic cost to in-
dividuals who are required to .omply with the rule as
proposed.
Comments on the proposal may be submitted to
Archie P. Clayton Ill, General Counsel, 2601 North
Lamar Boulevard, Austin, Texas 78705.
The new section is proposed under Texas Civil Stat-
utes, Article 342-207, which provide the banking
commissioner with the authority to enforce the pro-
visions of the Texas Banking Code.
11.31. Loan Production Offices. A state, national,
or private bank may solicit and take loan applications
and have promissory notes signed at a place, or places,
other than its ranking house provided no credit decision
is made, no commitment to make a loan is made, and
no funding of the loan occurs at the location away from
its banking house The decision to make the loan, its fund-
ing, and delivery of proceeds must occur at the banking
house in order to comply with the constitutional and
statutory mandate that a bank must engage in business
in only one place, which is defined in Texas Civil Sta-
tutes, Article 342-903, as the banking house. No un-
manned teller machine shall be designed solely or pri-
marily for disbursement of loan proceeds, in any way,9 TexReg 1671
Proposed
Rules_ I I I L- - I
March 23, 1984
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Texas. Secretary of State. Texas Register, Volume 9, Number 22, Pages 1649-1724, March 23, 1984, periodical, March 23, 1984; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243575/m1/23/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.