Law & Guidance Manual - Update Archive

SM -
Supervisory Memorandum

SM 1004 - Examination Frequency for Trust Companies.

TC

Rule - Amendment

§25.3  Requirements that apply to a non-model contract or waiver.

PFC

Rule - Amendment

§25.22  Joint Memorandum of Understanding.

PFC

09/08/11

Rule - Amendment

§33.13  How Do I Obtain a New License?

MSB

Statute - Amendment

Finance Code
Chapter 11. Finance Commission of Texas
§11.306  Residential Mortgage Loan Origination Rules

FC

Statute - Amendment

Finance Code
Chapter 59. Miscellaneous Provisions
§59.006  Discovery of Customer Records.

Bank

Statute - New

Finance Code
Chapter 59. Miscellaneous Provisions
§59.012  Loans for Developments That Use Harvested Rainwater.

Bank

Statute - Amendment

Finance Code
Chapter 154. Prepaid Funeral Services
§154.359  Permissible Uses of Fund.

PFC

Statute - New

Finance Code
Chapter 343 Home Loans
§343.106  Payoff Statements.

Bank

Statute - Amendment

Health & Safety Code
Chapter 711 General Provisions Relating to Cemeteries
§711.001  Definitions.
§711.002  Disposition of Remains; Duty to Inter.
§711.008  Location of Cemetery.
§711.0515  Enforcement by Attorney General; Injunctive Relief.
§711.061  Requirements for Lawn Crypts.

PCC

Statute - New

Health & Safety Code
Chapter 711 General Provisions Relating to Cemeteries
§711.063  Construction; Default.
§711.064  Contract Disclosures.

PCC

Statute - Repealed

Health & Safety Code
Chapter 711 General Provisions Relating to Cemeteries
§711.062  Request to Install Lawn Crypt in Fewer than 10 Units.

PCC

Statute - Amendment

Health & Safety Code
Chapter 712. Perpetual Care Cemeteries
§712.001  Definitions.
§712.003  Incorporation Required; Minimum Capital.
§712.022  Operation of Perpetual Care Cemetery.
§712.044  Examination of Records; Examination Fees and Expenses.
§712.0441  Enforcement.
§712.048  Criminal Penalties

PCC

Statute - Repealed

Health & Safety Code
Chapter 712. Perpetual Care Cemeteries
§712.0031  Notices to Banking Department.

PCC

Statute - New

Health & Safety Code
Chapter 712. Perpetual Care Cemeteries
§712.0032  Certificate of Authority Requirement.
§712.0033  Certificate of Authority Application; Fees.
§712.0034  Qualifications for Certificate of Authority; Investigation.
§712.0035  Issuance of Certificate of Authority.
§712.0036  Term of Certificate of Authority.
§712.0037  Renewal of Certificate of Authority.
§712.0038  Transfer or Assignment Prohibited.
§712.0039  Transfer of Business Ownership; Change of Control.
§712.00395  Surrender of Certificate of Authority; Fee.
§712.0443  Cease and Desist Order.
§712.0444  Emergency Order.
§712.0445  Receivership Proceedings.

PCC

Rule - Amendment

§31.14  What are the requirements for the contract for services with my agency’s clients?

PCSEA

Rule - Repealed

§31.71  How will obligors and clients be notified of the department's licensing and enforcement authority?

PCSEA

Statute - Amendment

Finance Code
Chapter 11. Finance Commission of Texas
§11.101  Appointment; Terms; Oath
§11.102  Qualifications of Members.
§11.108  Sunset Provision.

FC

Statute - Amendment

Finance Code
Chapter 12. Texas Department of Banking
§12.109  Sunset Provision.

DOB

Statute - Amendment

Finance Code
Chapter 154. Prepaid Funeral Services
§154.351  Maintenance of Guaranty Fund.
§154.353  Deposit of Fund or Portion of Fund.
§154.355  Advisory Council
§154.357  Claim Against Seller, Funeral Provider, or Depository.
§154.358  Claims Against Fund.
§154.359  Permissible Uses of Fund.

PFC

Statute - New

Finance Code
Chapter 154. Prepaid Funeral Services
§154.3595  Default by Funeral Provider.

PFC

SM -
Supervisory Memorandum

SM 1027 - Burial Marker or Monument List Requirement.

PCC

Statute - Amendment

Finance Code
Chapter 35. Enforcement Actions.
§35.003  Removal or Prohibition Order.
§35.005  Emergency Order.
§35.007  Effect of Final Removal or Prohibition Order.
§35.009  Enforcement by Commissioner.
§35.010  Administrative Penalty.
§35.011  Payment or Appeal of Administrative Penalty.
§35.012  Confidentiality of Records.

Bank

05/28/11

Statute - New

Finance Code
Chapter 35. Enforcement Actions.
§35.0071  Application for Release from Final Removal or Prohibition Order

Bank

05/28/11

Statute - Amendment

Finance Code
Chapter 185 Enforcement Actions
§185.003  Removal or Prohibition Order.
§185.005  Emergency Order.
§185.007  Effect of Final Removal or Prohibition Order.
§185.009  Enforcement by Commissioner
§185.010  Administrative Penalty.
§185.011  Payment or Appeal of Administrative Penalty.
§185.012  Confidentiality of Records

TC

05/28/11

Statute - New

Finance Code
Chapter 185 Enforcement Actions
§185.0071  Application for Release From Final Removal or Prohibition Order.

TC

05/28/11

Statute - Amendment

Finance Code
Chapter 202. Bank Holding Companies.
§202.005  Applicable Laws.

BHC

Rule - New

§26.5  When must I issue a conveyance document for a cemetery plot?

PCC

Rule - Amendment

§26.1  What fees must I pay to operate a perpetual care cemetery?;
§26.2  What Records am I Required to Maintain?; and
§26.4  When Must I Order and Set a Burial Marker or Monument in my Perpetual Care Cemetery?

PCC

Rule - Amendment

§33.31  What Records Must I Keep Related to Currency Exchange Transactions?;
§33.33  What Receipts Must I Issue Related to Currency Exchange Transactions?; and
§33.35  What Records Must I Keep Related to Money Transmission Transactions?

MSB

RG -
Regulatory Guidance

RG 3008 - Residential Mortgage Loan Fraud

Bank

SM -
Supervisory Memorandum

SM 1004 - Examination Frequency for Trust Companies

TC

RG -
Regulatory Guidance

RG 3005 - Consumer Complaint Notices – 7 TAC §11.37 and §33.51

Bank, FBA, TC, MSB

LO -
Legal Opinion

LO 10-01 - Persons selling the surface burial vaults as described in this opinion must obtain a permit to sell prepaid funeral benefits unless the product is delivered within 72 hours in accordance with the provisions of Title 7 Texas Administrative Code (“TAC”), Chapter 25, Section 25.8.

PFC

SM -
Supervisory Memorandum

SM 1009 - Business Plans and Strategic Planning

Bank, TC

Rule - Amendment

§3.22 Sale or Lease Agreements with an Officer, Director, or Principal Shareholder of the Bank or of an Affiliate of the Bank.

Bank

Rule - Amendment

§11.37 How Do I Provide Information to Consumers on How to File a Complaint?

Bank

Rule - Amendment

§17.3 Sale or Lease Agreements With an Officer, Director, Principal Shareholder, or Affiliate.

TC

Rule - Amendment

§25.2 Am I Required to Use the Model Contract and Model Waiver?; §25.3 What Requirements Apply to a Non-Model Contract or Waiver?; and §25.41 How Do I Provide Information to Consumers on How to File a Complaint?

PFC

Rule - Amendment

§26.11 How Do I Provide Information to Consumers on How to File a Complaint?

PCC

Rule - Amendment

§31.14 What are the requirements for the contract for services with my agency’s clients?; and  §31.73. How does the department conduct the administrative investigation of complaint filed against my agency?

PCSEA

Rule - Amendment

§33.51 How do I Provide Information to My Customers about How to File a Complaint?

MSB