Tex. Finance Code Sec. 32.303. RIGHTS OF DISSENTERS FROM MERGER. A shareholder may dissent from the merger to the extent, and by following the procedure provided, by the Business Organizations Code or any rules adopted under this subtitle.


Tex. Finance Code Sec. 32.304. LIMITATION ON CONTROL OF DEPOSITS.


Tex. Finance Code Sec. 32.401. AUTHORITY TO PURCHASE ASSETS.


Tex. Finance Code Sec. 32.402. AUTHORITY TO ACT AS DISBURSING AGENT.


Tex. Finance Code Sec. 32.403. LIQUIDATION OF SELLING INSTITUTION. If the selling financial institution is at any time after the sale of assets voluntarily or involuntarily closed for liquidation by a state or federal regulatory agency, the purchasing bank shall pay to the receiver of the selling institution the balance of the money held by it in trust or on deposit for the selling institution and not yet paid to the depositors and creditors of the selling institution. Without further action the purchasing bank is discharged from all responsibilities to the selling institution and to the selling institution's receiver, depositors, creditors, and shareholders.


Tex. Finance Code Sec. 32.404. PAYMENT TO DEPOSITORS AND CREDITORS. The purchasing bank may pay a depositor or creditor of the selling institution the amount to be paid the person under the terms of the contract of agency by opening an account in the name of the depositor or creditor, crediting the account with the amount to be paid the depositor or creditor under the terms of the agency contract, and mailing or personally delivering a duplicate deposit ticket evidencing the credit to the depositor or creditor at the person's address shown in the records of the selling institution. The relationship between the purchasing bank and the depositor or creditor is that of debtor to creditor only to the extent of the credit reflected by the deposit ticket.


Tex. Finance Code Sec. 32.405. SALE OF ASSETS.


Tex. Finance Code Sec. 32.406. LIMITATION ON CONTROL OF DEPOSITS.


Tex. Finance Code Sec. 32.501. MERGER OR CONVERSION OF STATE BANK INTO ANOTHER FINANCIAL INSTITUTION.


Tex. Finance Code Sec. 32.502. CONVERSION OF FINANCIAL INSTITUTION INTO STATE BANK.


Tex. Finance Code Sec. 33.001. ACQUISITION OF CONTROL.


Tex. Finance Code Sec. 33.002. APPLICATION REGARDING ACQUISITION OF CONTROL.


Tex. Finance Code Sec. 33.003. HEARING AND DECISION ON ACQUISITION OF CONTROL.


Tex. Finance Code Sec. 33.004. APPEAL FROM ADVERSE DECISION.


Tex. Finance Code Sec. 33.005. EXEMPTIONS. The following acquisitions are exempt from Section 33.001:


Tex. Finance Code Sec. 33.006. OBJECTION TO OTHER TRANSFER. This subchapter does not prevent the banking commissioner from investigating, commenting on, or seeking to enjoin or set aside a transfer of voting securities that evidence a direct or indirect interest in a state bank, regardless of whether the transfer is governed by this subchapter, if the banking commissioner considers the transfer to be against the public interest.


Tex. Finance Code Sec. 33.007. CIVIL ENFORCEMENT; CRIMINAL PENALTY.


Tex. Finance Code Sec. 33.101. VOTING SECURITIES HELD BY BANK.


Tex. Finance Code Sec. 33.102. BYLAWS. Each state bank shall adopt bylaws and may amend its bylaws for the purposes and according to the procedures provided by the Business Organizations Code.


Tex. Finance Code Sec. 33.103. BOARD OF DIRECTORS.


Tex. Finance Code Sec. 33.104. ADVISORY DIRECTOR.


Tex. Finance Code Sec. 33.105. REQUIRED MONTHLY BOARD MEETING.


Tex. Finance Code Sec. 33.106. OFFICERS.


Tex. Finance Code Sec. 33.107. LIMITATION ON ACTION OF OFFICER OR EMPLOYEE IN RELATION TO ASSET OR LIABILITY. Unless expressly authorized by a resolution of the board recorded in its minutes, an officer or employee may not create or dispose of a bank asset or create or incur a liability on behalf of the bank.


Tex. Finance Code Sec. 33.108. CRIMINAL OFFENSES.


Tex. Finance Code Sec. 33.109. TRANSACTIONS WITH MANAGEMENT AND AFFILIATES.


Tex. Finance Code Sec. 33.201. LIABILITY OF PARTICIPANTS AND MANAGERS.


Tex. Finance Code Sec. 33.204. MANAGEMENT OF LIMITED BANKING ASSOCIATION.


Tex. Finance Code Sec. 33.206. INTEREST IN LIMITED BANKING ASSOCIATION; TRANSFERABILITY OF INTEREST.


Tex. Finance Code Sec. 33.208. DISSOLUTION. The bylaws or the participation agreement may not require automatic termination, dissolution, or suspension of the limited banking association on the death, disability, bankruptcy, expulsion, or withdrawal of a participant, or on the happening of any other event other than the passage of time.


Tex. Finance Code Sec. 33.209. ALLOCATION OF PROFITS AND LOSSES. The profits and losses of a limited banking association may be allocated among the participants and among classes of participants as provided by the participation agreement. Without the prior written approval of the banking commissioner to use a different allocation method, the profits and losses must be allocated according to the relative interests of the participants as reflected in the certificate of formation and related documents filed with and approved by the banking commissioner.


Tex. Finance Code Sec. 33.210. DISTRIBUTIONS. Subject to Section 32.103, distributions of cash or other assets of a limited banking association may be made to the participants as provided by the participation agreement. Without the prior written approval of the banking commissioner to use a different distribution method, distributions must be made to the participants according to the relative interests of the participants as reflected in the certificate of formation and related documents filed with and approved by the banking commissioner.


Tex. Finance Code Sec. 33.211. APPLICATION OF OTHER PROVISIONS TO LIMITED BANKING ASSOCIATIONS. For purposes of the provisions of Subtitle A and this subtitle other than this subchapter, as the context requires:


Tex. Finance Code Sec. 34.001. DEFINITION. In this subchapter, "bank facility" means real property, including an improvement, that a state bank owns or leases, to the extent the lease or the leasehold improvement is capitalized, for the purpose of:


Tex. Finance Code Sec. 34.002. INVESTMENT IN BANK FACILITIES.


Tex. Finance Code Sec. 34.003. OTHER REAL PROPERTY.


Tex. Finance Code Sec. 34.004. RETENTION OF NONPARTICIPATING ROYALTY INTERESTS.


Tex. Finance Code Sec. 34.101. SECURITIES.


Tex. Finance Code Sec. 34.102. TRANSACTION IN BANK SHARES.


Tex. Finance Code Sec. 34.103. BANK SUBSIDIARIES.


Tex. Finance Code Sec. 34.104. MUTUAL FUNDS.


Tex. Finance Code Sec. 34.105. OTHER DIRECT EQUITY INVESTMENTS.


Tex. Finance Code Sec. 34.106. INVESTMENTS TO PROMOTE COMMUNITY DEVELOPMENT.


Tex. Finance Code Sec. 34.107. ENGAGING IN COMMERCE PROHIBITED.


Tex. Finance Code Sec. 34.201. LENDING LIMITS.


Tex. Finance Code Sec. 34.202. VIOLATION OF LENDING LIMIT.


Tex. Finance Code Sec. 34.203. LOAN EXPENSES AND FEES.


Tex. Finance Code Sec. 34.204. LEASE FINANCING TRANSACTION.


Tex. Finance Code Sec. 34.301. NATURE OF DEPOSIT CONTRACT.


Tex. Finance Code Sec. 34.302. AMENDMENT OF DEPOSIT CONTRACT.


Tex. Finance Code Sec. 34.303. FEES; DISCLOSURES.


Tex. Finance Code Sec. 34.304. SECURING DEPOSITS.


Tex. Finance Code Sec. 34.305. DEPOSIT ACCOUNT OF MINOR.


Tex. Finance Code Sec. 34.306. TRUST ACCOUNT WITH LIMITED DOCUMENTATION.


Tex. Finance Code Sec. 34.307. RIGHT OF SET-OFF.


Tex. Finance Code Sec. 35.0001. APPLICABILITY TO BANK SUBSIDIARIES. This subchapter applies to a subsidiary of a state bank, a present or former officer, director, or employee of a subsidiary, or a controlling shareholder or other person participating in the affairs of a subsidiary in the same manner as the subchapter applies to a state bank, a present or former officer, director, or employee of a state bank, or a controlling shareholder or other person participating in the affairs of a state bank.


Tex. Finance Code Sec. 35.001. DETERMINATION LETTER.


Tex. Finance Code Sec. 35.002. CEASE AND DESIST ORDER.


Tex. Finance Code Sec. 35.003. REMOVAL OR PROHIBITION ORDER.


Tex. Finance Code Sec. 35.0035. REMOVAL OR PROHIBITION ORDERS IN RESPONSE TO CERTAIN CRIMINAL OFFENSES.


Tex. Finance Code Sec. 35.004. HEARING ON PROPOSED ORDER.


Tex. Finance Code Sec. 35.005. EMERGENCY ORDER.


Tex. Finance Code Sec. 35.006. COPY OF LETTER OR ORDER IN BANK RECORDS. A copy of a determination letter, proposed order, emergency order, or final order issued by the banking commissioner under this subchapter shall be immediately brought to the attention of the board of the affected bank, regardless of whether the bank is a party, and filed in the minutes of the board. Each director shall immediately certify to the banking commissioner in writing that the certifying person has read and understood the determination letter, proposed order, emergency order, or final order. The required certification may not be considered an admission of a person in a subsequent legal or administrative proceeding.


Tex. Finance Code Sec. 35.007. EFFECT OF FINAL REMOVAL OR PROHIBITION ORDER.


Tex. Finance Code Sec. 35.0071. APPLICATION FOR RELEASE FROM FINAL REMOVAL OR PROHIBITION ORDER.


Tex. Finance Code Sec. 35.008. LIMITATION ON ACTION. The banking commissioner may not initiate an enforcement action under this subchapter later than the fifth anniversary of the date the banking commissioner discovered or reasonably should have discovered the conduct involved.


Tex. Finance Code Sec. 35.009. ENFORCEMENT BY COMMISSIONER.


Tex. Finance Code Sec. 35.010. ADMINISTRATIVE PENALTY.


Tex. Finance Code Sec. 35.011. PAYMENT OR APPEAL OF ADMINISTRATIVE PENALTY.


Tex. Finance Code Sec. 35.012. CONFIDENTIALITY OF RECORDS. A copy of a notice, correspondence, transcript, pleading, or other document in the records of the department relating to an order issued under this subchapter is confidential and may be released only as provided by Subchapter D, Chapter 31, except that the banking commissioner periodically shall publish all final removal and prohibition orders. The banking commissioner may release a final cease and desist order, a final order imposing an administrative penalty, or information regarding the existence of any of those orders to the public if the banking commissioner concludes that the release would enhance effective enforcement of the order.


Tex. Finance Code Sec. 35.013. COLLECTION OF FEES. The department may sue to enforce the collection of a fee owed to the department under a law administered by the department. In the suit a certificate by the banking commissioner showing the delinquency is prima facie evidence of:


Tex. Finance Code Sec. 35.1001. APPLICABILITY TO BANK SUBSIDIARIES. This subchapter applies to a subsidiary of a state bank, a present or former officer, director, or employee of a subsidiary, or a controlling shareholder or other person participating in the affairs of a subsidiary in the same manner as the subchapter applies to a state bank, a present or former officer, director, or employee of a state bank, or a controlling shareholder or other person participating in the affairs of a state bank.


Tex. Finance Code Sec. 35.101. ORDER OF SUPERVISION.


Tex. Finance Code Sec. 35.102. ORDER OF CONSERVATORSHIP.


Tex. Finance Code Sec. 35.103. NOTICE AND HEARING.


Tex. Finance Code Sec. 35.104. POST-HEARING ORDER.


Tex. Finance Code Sec. 35.105. CONFIDENTIALITY OF RECORDS. An order issued under this subchapter and a copy of a notice, correspondence, transcript, pleading, or other document in the records of the department relating to the order are confidential and may be released only as provided by Subchapter D, Chapter 31, except that the banking commissioner may release to the public an order or information regarding the existence of an order if the banking commissioner concludes that the release would enhance effective enforcement of the order.


Tex. Finance Code Sec. 35.106. AUTHORITY OF SUPERVISOR. During a period of supervision, a bank, without the prior approval of the banking commissioner or the supervisor or as otherwise permitted or restricted by the order of supervision, may not:


Tex. Finance Code Sec. 35.107. AUTHORITY OF CONSERVATOR.


Tex. Finance Code Sec. 35.108. QUALIFICATIONS OF APPOINTEE. The banking commissioner may appoint as a supervisor or conservator any person who in the judgment of the banking commissioner is qualified to serve. The banking commissioner may serve as, or may appoint an employee of the department to serve as, supervisor or conservator.


Tex. Finance Code Sec. 35.109. EXPENSES.


Tex. Finance Code Sec. 35.110. REVIEW OF SUPERVISOR OR CONSERVATOR DECISION.


Tex. Finance Code Sec. 35.111. VENUE.


Tex. Finance Code Sec. 35.112. DURATION. A supervisor or conservator serves for the period necessary to accomplish the purposes of the supervision or conservatorship as intended by this subchapter. A rehabilitated bank shall be returned to its former or new management under conditions reasonable and necessary to prevent recurrence of the conditions causing the supervision or conservatorship.


Tex. Finance Code Sec. 35.113. ADMINISTRATIVE ELECTION OF REMEDIES. The banking commissioner may take any action authorized by Chapter 36 regardless of the existence of supervision or conservatorship. A period of supervision or conservatorship is not required before a bank is closed for liquidation or other remedial action is taken.


Tex. Finance Code Sec. 35.114. RELEASE BEFORE HEARING. This subchapter does not prevent release of the bank from supervision or conservatorship before a hearing if the banking commissioner is satisfied that requirements for abatement have been adequately satisfied.


Tex. Finance Code Sec. 35.201. INAPPLICABILITY. This subchapter does not apply to a financial institution, as that term is defined by Section 201.101, that lawfully maintains its main office or a branch in this state.


Tex. Finance Code Sec. 35.202. INVESTIGATION OF UNAUTHORIZED ACTIVITY.


Tex. Finance Code Sec. 35.203. SUBPOENA AUTHORITY.


Tex. Finance Code Sec. 35.204. ENFORCEMENT OF SUBPOENA.


Tex. Finance Code Sec. 35.205. CONFIDENTIALITY OF SUBPOENAED RECORDS.


Tex. Finance Code Sec. 35.206. EVIDENCE.


Tex. Finance Code Sec. 35.207. CEASE AND DESIST ORDER.


Tex. Finance Code Sec. 35.208. EMERGENCY CEASE AND DESIST ORDER.


Tex. Finance Code Sec. 35.209. JUDICIAL REVIEW OF CEASE AND DESIST ORDER.


Tex. Finance Code Sec. 35.210. VIOLATION OF FINAL CEASE AND DESIST ORDER.


Tex. Finance Code Sec. 35.211. ADMINISTRATIVE PENALTY.


Tex. Finance Code Sec. 35.212. PAYMENT AND APPEAL OF ADMINISTRATIVE PENALTY.


Tex. Finance Code Sec. 35.213. JUDICIAL REVIEW OF ADMINISTRATIVE PENALTY.


Tex. Finance Code Sec. 36.001. DEFINITION. In this chapter, "administrative expense" means:


Tex. Finance Code Sec. 36.002. REMEDIES EXCLUSIVE.


Tex. Finance Code Sec. 36.003. FEDERAL DEPOSIT INSURANCE CORPORATION AS LIQUIDATOR.


Tex. Finance Code Sec. 36.004. APPOINTMENT OF INDEPENDENT RECEIVER.


Tex. Finance Code Sec. 36.005. SUCCESSION OF TRUST POWERS.


Tex. Finance Code Sec. 36.101. INITIATING VOLUNTARY DISSOLUTION.


Tex. Finance Code Sec. 36.102. FILING RESOLUTIONS WITH BANKING COMMISSIONER. After resolutions to dissolve and liquidate a state bank have been adopted by the bank's board and shareholders, a majority of the directors shall verify and file with the banking commissioner certified copies of:


Tex. Finance Code Sec. 36.103. BANKING COMMISSIONER INVESTIGATION AND CONSENT. The banking commissioner shall review the documentation submitted under Section 36.102 and conduct any necessary investigation or examination. If the proceedings appear to have been properly conducted and the bond to be given by the liquidating agent or committee is adequate for its purposes, the banking commissioner shall consent to dissolution and direct the bank to publish notice of its pending dissolution.


Tex. Finance Code Sec. 36.104. NOTICE OF PENDING DISSOLUTION.


Tex. Finance Code Sec. 36.105. SAFE DEPOSITS AND OTHER BAILMENTS.


Tex. Finance Code Sec. 36.106. OFFICES TO REMAIN OPEN. Unless the banking commissioner directs or consents otherwise, the home office and all branch offices of a state bank initiating voluntary dissolution shall remain open for business during normal business hours until the last date specified in published notices for presentation of claims, withdrawal of accounts, and redemption of property.


Tex. Finance Code Sec. 36.107. FIDUCIARY ACTIVITIES.


Tex. Finance Code Sec. 36.108. FINAL LIQUIDATION.


Tex. Finance Code Sec. 36.109. APPLICATION OF LAW TO BANK IN DISSOLUTION. A state bank in the process of voluntary dissolution and liquidation remains subject to this subtitle and Chapters 11 and 12, including provisions for examination by the banking commissioner, and the bank shall furnish reports required by the banking commissioner.


Tex. Finance Code Sec. 36.110. AUTHORIZATION OF DEVIATION FROM PROCEDURES. The banking commissioner may authorize a deviation from the procedures for voluntary dissolution in this subchapter if the banking commissioner determines that the interests of claimants are not jeopardized by the deviation.


Tex. Finance Code Sec. 36.111. CLOSURE BY BANKING COMMISSIONER FOR INVOLUNTARY DISSOLUTION AND LIQUIDATION. The banking commissioner may close a state bank for involuntary dissolution and liquidation under this chapter if the banking commissioner determines that:


Tex. Finance Code Sec. 36.112. APPLICATION FOR NEW CHARTER. After a state bank's charter has been voluntarily surrendered and canceled, the bank may not resume business or reopen except on application for and approval of a new charter.


Tex. Finance Code Sec. 36.201. ACTION TO CLOSE STATE BANK.


Tex. Finance Code Sec. 36.202. NOTICE AND EFFECT OF CLOSURE; APPOINTMENT OF RECEIVER.


Tex. Finance Code Sec. 36.203. NATURE AND DURATION OF RECEIVERSHIP.


Tex. Finance Code Sec. 36.204. CONTEST OF LIQUIDATION.


Tex. Finance Code Sec. 36.205. NOTICE OF BANK CLOSING.


Tex. Finance Code Sec. 36.206. INVENTORY. As soon as reasonably practicable given the state of bank records and the adequacy of staffing, the receiver shall prepare a comprehensive inventory of the bank's assets for filing with the court. The inventory is open to inspection.


Tex. Finance Code Sec. 36.207. RECEIVER'S TITLE AND PRIORITY.


Tex. Finance Code Sec. 36.208. RIGHTS FIXED. The rights and liabilities of the bank in liquidation and of a depositor, creditor, officer, director, employee, shareholder, agent, or other person interested in the bank's estate are fixed on the date of closing of the bank for liquidation except as otherwise directed by the court or as expressly provided otherwise by this subchapter or Subchapter D.


Tex. Finance Code Sec. 36.209. DEPOSITORIES.


Tex. Finance Code Sec. 36.210. PENDING LAWSUIT.


Tex. Finance Code Sec. 36.211. NEW LAWSUIT.


Tex. Finance Code Sec. 36.212. REQUIRING RECORD OR OTHER PROPERTY IN POSSESSION OF OTHER PERSON.


Tex. Finance Code Sec. 36.213. INJUNCTION IN AID OF LIQUIDATION.


Tex. Finance Code Sec. 36.214. SUBPOENA.


Tex. Finance Code Sec. 36.215. EXECUTORY CONTRACT; ORAL AGREEMENT.


Tex. Finance Code Sec. 36.216. PREFERENCES.


Tex. Finance Code Sec. 36.217. EMPLOYEES OF RECEIVER. The receiver may employ agents, legal counsel, accountants, appraisers, consultants, and other personnel the receiver considers necessary to assist in the performance of the receiver's duties. The receiver may use personnel of the department if the receiver considers the use to be advantageous or desirable. The expense of employing those persons is an administrative expense.


Tex. Finance Code Sec. 36.218. DISPOSAL OF PROPERTY; SETTLING OF CLAIM.


Tex. Finance Code Sec. 36.219. COURT ORDER; NOTICE AND HEARING. If the court requires notice and hearing before entering an order, the court shall set the time and place of the hearing and prescribe whether the notice is to be given by service on specific parties, by publication, or by a combination of those methods. The court may not enter an order requested by a person other than the receiver without notice to the receiver and an opportunity for the receiver to be heard.


Tex. Finance Code Sec. 36.220. RECEIVER'S REPORT; EXPENSES.


Tex. Finance Code Sec. 36.221. COURT-ORDERED AUDIT. The court may order an audit of the books and records of the receiver that relate to the receivership. A report of an audit ordered under this section shall be filed with the court. The receiver shall make the books and records relating to the receivership available to the auditor as required by the court order. The receiver shall pay the expenses of an audit ordered under this section as an administrative expense.


Tex. Finance Code Sec. 36.222. SAFE DEPOSITS AND OTHER BAILMENTS.


Tex. Finance Code Sec. 36.223. FIDUCIARY ACTIVITIES.


Tex. Finance Code Sec. 36.224. DISPOSITION AND MAINTENANCE OF RECORDS.


Tex. Finance Code Sec. 36.225. RECORDS ADMITTED.


Tex. Finance Code Sec. 36.226. RESUMPTION OF BUSINESS.


Tex. Finance Code Sec. 36.227. ASSETS DISCOVERED AFTER CLOSE OF RECEIVERSHIP.


Tex. Finance Code Sec. 36.301. FILING CLAIM.


Tex. Finance Code Sec. 36.302. PROOF OF CLAIM.


Tex. Finance Code Sec. 36.303. JUDGMENT AS PROOF OF CLAIM.


Tex. Finance Code Sec. 36.304. SECURED CLAIM.


Tex. Finance Code Sec. 36.305. UNLIQUIDATED OR UNDETERMINED CLAIM.


Tex. Finance Code Sec. 36.306. SET-OFF.


Tex. Finance Code Sec. 36.307. ACTION ON CLAIM.


Tex. Finance Code Sec. 36.308. OBJECTION TO APPROVED CLAIM. The receiver with court approval shall set a date for objection to an approved claim. On or before that date a depositor, creditor, other claimant, or shareholder of the bank may file an objection to an approved claim. The objection shall be heard and determined by the court. If the objection is sustained, the court shall direct an appropriate modification of the schedule of claims.


Tex. Finance Code Sec. 36.309. APPEAL OF REJECTED CLAIM.


Tex. Finance Code Sec. 36.310. PAYMENT OF CLAIM.


Tex. Finance Code Sec. 36.311. PRIORITY OF CLAIMS AGAINST INSURED BANK. The distribution of assets from the estate of a bank the deposits of which are insured by the Federal Deposit Insurance Corporation or its successor shall be made in the same order of priority as assets would be distributed on liquidation or purchase of assets and assumption of liabilities of a national bank under federal law.


Tex. Finance Code Sec. 36.312. PRIORITY OF CLAIMS AGAINST UNINSURED BANK.


Tex. Finance Code Sec. 36.313. EXCESS ASSETS.


Tex. Finance Code Sec. 36.314. UNCLAIMED PROPERTY. After completion of the liquidation, any unclaimed property remaining in the hands of the receiver shall be tendered to the comptroller as provided by Chapter 74, Property Code.


Tex. Finance Code Sec. 37.001. DEFINITION. In this chapter, "emergency" means a condition or occurrence that may interfere physically with the conduct of normal business at the offices of a bank or with the conduct of a particular bank operation, or that poses an imminent or existing threat to the safety or security of persons or property, including:


Tex. Finance Code Sec. 37.002. EMERGENCY CLOSING OF OFFICE OR OPERATION BY BANK.


Tex. Finance Code Sec. 37.003. EMERGENCY CLOSING OF OFFICE OR OPERATION BY BANKING COMMISSIONER.


Tex. Finance Code Sec. 37.004. EFFECT OF CLOSING.


Tex. Finance Code Sec. 37.005. LIMITATIONS ON WITHDRAWALS FROM STATE BANK.


Tex. Finance Code Sec. 37.006. FINANCIAL MORATORIUM.


Tex. Finance Code Sec. 37.007. TEMPORARY BRANCH OR OFFICE.


Tex. Finance Code Sec. 37.008. REGULATORY COORDINATION.


Tex. Finance Code Sec. 59.001. DEFINITIONS. In this subchapter:


Tex. Finance Code Sec. 59.002. SLANDER OR LIBEL OF BANK.


Tex. Finance Code Sec. 59.003. AUTHORITY OF NOTARY PUBLIC. A notary public is not disqualified from taking an acknowledgment or proof of a written instrument as provided by Section 406.016, Government Code, solely because of the person's ownership of stock or a participation interest in or employment by a financial institution that is an interested party to the underlying transaction.


Tex. Finance Code Sec. 59.004. SUCCESSION OF TRUST POWERS.


Tex. Finance Code Sec. 59.005. AGENCY ACTIVITIES.


Tex. Finance Code Sec. 59.006. DISCOVERY OF CUSTOMER RECORDS.


Tex. Finance Code Sec. 59.007. ATTACHMENT, INJUNCTION, EXECUTION, OR GARNISHMENT.


Tex. Finance Code Sec. 59.008. CLAIMS AGAINST CUSTOMERS OF FINANCIAL INSTITUTIONS.


Tex. Finance Code Sec. 59.009. COMPLIANCE REVIEW COMMITTEE.


Tex. Finance Code Sec. 59.010. CONFIDENTIALITY OF ADMINISTRATIVE SUBPOENA.


Tex. Finance Code Sec. 59.011. LENDER LIABILITY FOR CONSTRUCTION.


Tex. Finance Code Sec. 59.012. LOANS FOR DEVELOPMENTS THAT USE HARVESTED RAINWATER. Financial institutions may consider making loans for developments that will use harvested rainwater as the sole source of water supply.


Tex. Finance Code Sec. 59.101. DEFINITION. In this subchapter, "safe deposit company" means a person who maintains and rents safe deposit boxes.


Tex. Finance Code Sec. 59.102. AUTHORITY TO ACT AS SAFE DEPOSIT COMPANY. Any person may be a safe deposit company.


Tex. Finance Code Sec. 59.103. RELATIONSHIP OF SAFE DEPOSIT COMPANY AND RENTER. In a safe deposit transaction the relationship of the safe deposit company and the renter is that of lessor and lessee and landlord and tenant, and the rights and liabilities of the safe deposit company are governed accordingly in the absence of a contract or statute to the contrary. The lessee is considered for all purposes to be in possession of the box and its contents.


Tex. Finance Code Sec. 59.104. DELIVERY OF NOTICE. A notice required by this subchapter to be given to a lessee of a safe deposit box must be in writing and personally delivered or sent by registered or certified mail, return receipt requested, to each lessee at the most recent address of the person according to the records of the safe deposit company.


Tex. Finance Code Sec. 59.105. EFFECT OF SUBCHAPTER ON OTHER LAW. This subchapter does not affect Chapter 151, Estates Code, or another statute of this state governing safe deposit boxes.


Tex. Finance Code Sec. 59.106. ACCESS BY MORE THAN ONE PERSON.


Tex. Finance Code Sec. 59.107. NONEMERGENCY OPENING AND RELOCATION.


Tex. Finance Code Sec. 59.108. EMERGENCY OPENING AND RELOCATION.


Tex. Finance Code Sec. 59.109. TERMINATION OF RENTAL; LIEN; SALE OF CONTENTS.


Tex. Finance Code Sec. 59.110. ROUTING NUMBER ON KEY.


Tex. Finance Code Sec. 59.201. ELECTRONIC TERMINALS AUTHORIZED; SHARING OF ELECTRONIC TERMINAL.


Tex. Finance Code Sec. 59.202. USER FEE FOR SHARED ELECTRONIC TERMINAL.


Tex. Finance Code Sec. 59.301. DEFINITIONS. In this subchapter:


Tex. Finance Code Sec. 59.302. EXCEPTION FOR CERTAIN UNMANNED TELLER MACHINES. This subchapter does not apply to an unmanned teller machine:


Tex. Finance Code Sec. 59.303. APPLICABILITY TO CERTAIN PERSONS WHO ARE NOT OWNERS OR OPERATORS.


Tex. Finance Code Sec. 59.304. CONSTRUCTION OF SUBCHAPTER.


Tex. Finance Code Sec. 59.305. LIGHTING REQUIRED. During the period beginning 30 minutes after sunset and ending 30 minutes before sunrise, lighting shall be provided for:


Tex. Finance Code Sec. 59.306. PERSONS REQUIRED TO PROVIDE LIGHTING.


Tex. Finance Code Sec. 59.307. STANDARDS FOR LIGHTING. The lighting must be at least:


Tex. Finance Code Sec. 59.308. SAFETY EVALUATION.


Tex. Finance Code Sec. 59.309. NOTICE OF SAFETY PRECAUTIONS.


Tex. Finance Code Sec. 59.310. ENFORCEMENT AND RULES.


Tex. Finance Code Sec. 61.001. SHORT TITLE. This subtitle may be cited as the Texas Savings and Loan Act.


Tex. Finance Code Sec. 61.002. DEFINITIONS. In this subtitle:


Tex. Finance Code Sec. 61.003. CONTROL; SUBSIDIARY.


Tex. Finance Code Sec. 61.004. NOTICE OF HEARING; RIGHT TO RESPOND.


Tex. Finance Code Sec. 61.005. RECORD OF PROCEEDING. On written request by an interested party, the commissioner shall keep a formal record of the proceedings of a hearing under this subtitle.


Tex. Finance Code Sec. 61.006. DECISION OR ORDER.


Tex. Finance Code Sec. 61.007. FEES. The finance commission by rule shall:


Tex. Finance Code Sec. 62.001. APPLICATION TO INCORPORATE.


Tex. Finance Code Sec. 62.002. ADDITIONAL INCORPORATION REQUIREMENTS FOR CAPITAL STOCK ASSOCIATION.


Tex. Finance Code Sec. 62.003. ADDITIONAL INCORPORATION REQUIREMENTS FOR MUTUAL ASSOCIATION.


Tex. Finance Code Sec. 62.004. APPROVAL OF MANAGING OFFICER.


Tex. Finance Code Sec. 62.005. CORPORATE NAME.


Tex. Finance Code Sec. 62.006. HEARING ON APPLICATION TO INCORPORATE.


Tex. Finance Code Sec. 62.007. DECISION ON APPLICATION TO INCORPORATE; ISSUANCE OF CERTIFICATE OF INCORPORATION.


Tex. Finance Code Sec. 62.008. PREFERENCE FOR LOCAL CONTROL. If an application to incorporate a new association that proposes to locate an office in a community is before the commissioner at the same time as an application to establish an additional office in the same community from an existing association and the principal office of the existing association is located in a county other than the county in which the community is located, the commissioner may give additional weight to the application of the applicant that has the greater degree of control vested in or held by residents of the community.


Tex. Finance Code Sec. 62.009. DEADLINE FOR COMMENCING BUSINESS.


Tex. Finance Code Sec. 62.010. AMENDMENT OF ARTICLES OF INCORPORATION OR BYLAWS.


Tex. Finance Code Sec. 62.011. CHANGE OF OFFICE OR NAME.


Tex. Finance Code Sec. 62.051. PURPOSE OF INCORPORATION. A person may apply to incorporate an association for the purpose of:


Tex. Finance Code Sec. 62.052. INCORPORATION REQUIREMENTS.


Tex. Finance Code Sec. 62.053. DECISION ON APPLICATION; ISSUANCE OF CERTIFICATE OF INCORPORATION.


Tex. Finance Code Sec. 62.101. ORGANIZATIONAL MEETING.


Tex. Finance Code Sec. 62.102. BOARD OF DIRECTORS.


Tex. Finance Code Sec. 62.104. OFFICERS.


Tex. Finance Code Sec. 62.105. INDEMNITY BONDS OF DIRECTORS, OFFICERS, AND EMPLOYEES.


Tex. Finance Code Sec. 62.106. MEETINGS OF MEMBERS AND SHAREHOLDERS.


Tex. Finance Code Sec. 62.107. VOTING RIGHTS.


Tex. Finance Code Sec. 62.151. COMPUTATION OF INCOME; STATEMENT OF CONDITION.


Tex. Finance Code Sec. 62.152. MINIMUM NET WORTH REQUIREMENT. An association shall meet minimum net worth requirements prescribed by rule of the finance commission.


Tex. Finance Code Sec. 62.153. INSURANCE OF SAVINGS ACCOUNTS.


Tex. Finance Code Sec. 62.154. LIMITATION ON ISSUANCE OF SECURITIES. An association may issue a form of stock, share, account, or investment certificate only as authorized by this subtitle.


Tex. Finance Code Sec. 62.155. COMMON STOCK.


Tex. Finance Code Sec. 62.156. PREFERRED STOCK.


Tex. Finance Code Sec. 62.157. SERIES AND CLASSES OF PREFERRED STOCK.


Tex. Finance Code Sec. 62.158. DIVIDENDS ON CAPITAL STOCK. The board of a capital stock association may declare and pay a dividend out of current or retained income, in cash or additional stock, to the holders of record of the stock outstanding on the date the dividend is declared.


Tex. Finance Code Sec. 62.159. USE OF SURPLUS ACCOUNTS AND EXPENSE FUND CONTRIBUTIONS.


Tex. Finance Code Sec. 62.160. USE OF EXPENSE FUND CONTRIBUTIONS.


Tex. Finance Code Sec. 62.201. CONDITIONS FOR CONVERSION.


Tex. Finance Code Sec. 62.202. APPLICATION TO CONVERT.


Tex. Finance Code Sec. 62.203. REVIEW BY COMMISSIONER; APPROVAL. Not later than the 10th day after the date an application to convert is received, the commissioner shall:


Tex. Finance Code Sec. 62.204. HEARING ON APPLICATION.


Tex. Finance Code Sec. 62.205. CONSUMMATION OF CONVERSION. Within three months after the date the commissioner consents to the conversion of an association, the association shall take the action necessary under federal law to convert the association to a federal association.


Tex. Finance Code Sec. 62.206. FILING OF CHARTER OR CERTIFICATE.


Tex. Finance Code Sec. 62.207. EFFECT OF ISSUANCE OF CHARTER. On the issuance of a charter by the Office of the Comptroller of the Currency, the association:


Tex. Finance Code Sec. 62.208. CONTINUATION OF CORPORATE EXISTENCE. After an association is converted to a federal association:


Tex. Finance Code Sec. 62.209. PROPERTY AND OBLIGATIONS OF CONVERTED ASSOCIATION.


Tex. Finance Code Sec. 62.251. APPLICATION TO CONVERT.


Tex. Finance Code Sec. 62.252. ELECTION OF DIRECTORS; EXECUTION AND ACKNOWLEDGMENT OF APPLICATION AND BYLAWS.


Tex. Finance Code Sec. 62.253. REVIEW BY COMMISSIONER; APPROVAL.


Tex. Finance Code Sec. 62.254. APPLICABILITY OF SUBTITLE TO CONVERTED ASSOCIATION.


Tex. Finance Code Sec. 62.301. APPLICATION TO CONVERT TO STATE SAVINGS BANK. An association may apply to the commissioner to convert to a state savings bank by filing an application with the commissioner. The application shall be processed under Subtitle C.


Tex. Finance Code Sec. 62.302. APPLICATION TO CONVERT TO STATE OR NATIONAL BANK OR STATE OR FEDERAL SAVINGS BANK.


Tex. Finance Code Sec. 62.303. REVIEW BY COMMISSIONER; APPROVAL.


Tex. Finance Code Sec. 62.304. FILING OF CHARTER OR CERTIFICATE.


Tex. Finance Code Sec. 62.305. EFFECT OF APPROVAL OF APPLICATION AND ISSUANCE OF CHARTER. On the commissioner's approval of the application for conversion and the appropriate financial institution regulatory agency's issuance of a charter, the bank or savings bank:


Tex. Finance Code Sec. 62.306. CONTINUATION OF CORPORATE EXISTENCE. After an association is converted to a bank or savings bank:


Tex. Finance Code Sec. 62.307. PROPERTY AND OBLIGATIONS OF CONVERTED ASSOCIATION.


Tex. Finance Code Sec. 62.351. AUTHORITY TO REORGANIZE, MERGE, OR CONSOLIDATE.


Tex. Finance Code Sec. 62.352. CONTINUATION OF CORPORATE EXISTENCE; HOME OFFICE OF SURVIVING ENTITY.


Tex. Finance Code Sec. 62.353. NOTICE AND HEARING; CONFIDENTIALITY.


Tex. Finance Code Sec. 62.354. DENIAL BY COMMISSIONER OF PLAN. The commissioner shall issue an order denying the plan if the commissioner finds that:


Tex. Finance Code Sec. 62.401. APPLICABILITY OF SUBCHAPTER.


Tex. Finance Code Sec. 62.402. ADOPTION OF MERGER OR CONSOLIDATION PLAN. The board of directors of the foreign association must adopt the merger or consolidation plan.


Tex. Finance Code Sec. 62.403. NOTICE AND HEARING; CONFIDENTIALITY. If the commissioner considers the domestic association to be in an unsafe condition:


Tex. Finance Code Sec. 62.404. DENIAL BY COMMISSIONER OF APPLICATION. If the surviving association is a foreign association, the commissioner shall deny the application if:


Tex. Finance Code Sec. 62.405. APPROVAL BY COMMISSIONER OF PLAN.


Tex. Finance Code Sec. 62.406. ENFORCEMENT OF CONDITION, RESTRICTION, OR REQUIREMENT ON SURVIVING FOREIGN ASSOCIATION. If the surviving association is a foreign association, the commissioner may enforce a condition, restriction, or requirement on the surviving association that could have been enforced by the state in which the foreign association has its principal place of business if the merger or consolidation had occurred in that state and the surviving association were a domestic association.


Tex. Finance Code Sec. 62.451. AUTHORITY TO MERGE. One or more corporations organized under a law of this state may merge into an association that owns all of the corporations' capital stock if:


Tex. Finance Code Sec. 62.452. ARTICLES OF MERGER.


Tex. Finance Code Sec. 62.453. APPROVAL OF MERGER.


Tex. Finance Code Sec. 62.454. EFFECT OF MERGER.


Tex. Finance Code Sec. 62.455. INAPPLICABILITY OF SUBCHAPTER H. Subchapter H does not apply to a merger under this subchapter.


Tex. Finance Code Sec. 62.501. RESOLUTION TO LIQUIDATE AND DISSOLVE; APPROVAL BY COMMISSIONER.


Tex. Finance Code Sec. 62.502. DISTRIBUTION OF ASSETS.


Tex. Finance Code Sec. 62.503. FINAL REPORT AND ACCOUNTING.


Tex. Finance Code Sec. 62.551. INAPPLICABILITY OF SUBCHAPTER. This subchapter does not apply to a conversion, reorganization, merger, consolidation, or voluntary liquidation under Subchapter E, F, G, H, J, or K.


Tex. Finance Code Sec. 62.552. EFFECT OF SUBCHAPTER ON OTHER LAW. This subchapter does not:


Tex. Finance Code Sec. 62.553. APPLICATION FOR CHANGE OF CONTROL.


Tex. Finance Code Sec. 62.554. APPLICATION FILING FEE.


Tex. Finance Code Sec. 62.555. DENIAL OF APPLICATION.


Tex. Finance Code Sec. 62.556. APPEAL TO COMMISSIONER OF DENIAL.


Tex. Finance Code Sec. 62.557. JUDICIAL REVIEW.


Tex. Finance Code Sec. 62.558. UNAUTHORIZED CHANGE OF CONTROL. If it appears that a change in control may have taken place without approval, the commissioner may call a hearing to determine whether:


Tex. Finance Code Sec. 62.559. CONFIDENTIALITY.


Tex. Finance Code Sec. 62.560. INJUNCTION.


Tex. Finance Code Sec. 62.561. CRIMINAL PENALTY.


Tex. Finance Code Sec. 63.001. GENERAL CORPORATE POWERS.


Tex. Finance Code Sec. 63.002. ENLARGEMENT OF POWERS. Notwithstanding any other provision of this subtitle, an association may:


Tex. Finance Code Sec. 63.003. POWERS OF FEDERAL ASSOCIATION. A federal association and its members have all the powers, privileges, benefits, immunities, and exemptions provided by the law of this state for an association and the association's members.


Tex. Finance Code Sec. 63.004. POWER TO BORROW.


Tex. Finance Code Sec. 63.005. FISCAL AGENT.


Tex. Finance Code Sec. 63.006. POWER TO ACT UNDER CERTAIN FEDERAL RETIREMENT PLANS. An association or a federal association, to the extent that its charter and applicable federal regulations permit, may:


Tex. Finance Code Sec. 63.007. RIGHT TO ACT TO AVOID LOSS. This subtitle or another statute of this state does not deny an association the right to invest its money, operate a business, manage or deal in property, or take other action during any period that is reasonably necessary to avoid loss on a prior loan or investment or on an obligation created in good faith.


Tex. Finance Code Sec. 63.008. CLOSING PLACE OF BUSINESS. An association or a federal savings and loan association operating in this state may close its place of business at any time its board determines.


Tex. Finance Code Sec. 63.009. EMERGENCY CLOSING.


Tex. Finance Code Sec. 63.010. EFFECT OF CLOSING.


Tex. Finance Code Sec. 64.001. ADOPTION OF RULES.


Tex. Finance Code Sec. 64.002. CONTENT OF RULES. Rules adopted under this subchapter may include provisions governing:


Tex. Finance Code Sec. 64.003. PROHIBITED TRANSACTIONS. An association may not engage in a transaction that violates a rule adopted under this subchapter.


Tex. Finance Code Sec. 64.021. BORROWER PAYMENT OF LOAN EXPENSES. An association may require a borrower to pay all reasonable expenses incurred in connection with making, closing, disbursing, extending, readjusting, or renewing a loan.


Tex. Finance Code Sec. 64.022. COLLECTION OF LOAN EXPENSES. An expense payment authorized by Section 64.021 may be:


Tex. Finance Code Sec. 64.023. CHARACTER OF LOAN EXPENSE PAYMENTS. An expense payment authorized by Section 64.021 is not interest or compensation charged by an association for the loan of money.


Tex. Finance Code Sec. 64.041. PENALTY FOR PREPAYMENT OR LATE PAYMENT. An association may charge a penalty for a prepayment of or late payment on a loan.


Tex. Finance Code Sec. 64.042. APPLICATION OF PREPAYMENTS TO LOAN INSTALLMENTS. Unless otherwise agreed in writing, an association shall apply:


Tex. Finance Code Sec. 64.061. ADVANCES PAID BY ASSOCIATION.


Tex. Finance Code Sec. 64.062. ADVANCES ARE LIEN ON PROPERTY. A payment under Section 64.061 is a lien against the real property that secures the loan for which it is made.


Tex. Finance Code Sec. 64.063. PAYMENT OF ESTIMATED CHARGES BY BORROWER.


Tex. Finance Code Sec. 64.064. RECORD OF CHARGES. An association shall keep a record of the status of taxes, assessments, insurance premiums, and other charges on real property securing the association's loans.


Tex. Finance Code Sec. 64.081. REQUIRED INVESTMENTS. An association shall maintain in the association's portfolio not less than 15 percent of the association's deposits from its local service area designated under Section 64.082 in:


Tex. Finance Code Sec. 64.082. DESIGNATION OF LOCAL SERVICE AREA.


Tex. Finance Code Sec. 64.083. RULES. The finance commission shall adopt rules to implement this subchapter, including rules that define the categories of loans and investments described by Section 64.081.


Tex. Finance Code Sec. 64.084. WAIVERS. The commissioner may grant a limited-term waiver from the requirements of Section 64.081 if quality loans in the categories described by that section are not available in an association's local service area.


Tex. Finance Code Sec. 64.101. REAL PROPERTY ON WHICH ASSOCIATION FACILITY IS LOCATED. An association may own real property on which a facility used in connection with the operation of the association is located.


Tex. Finance Code Sec. 64.102. DISPOSAL OF OTHER REAL PROPERTY. An association shall dispose of real property, other than real property described by Section 64.101, that is acquired by the association in the course of the association's business not later than the fifth anniversary of the date on which it is acquired unless the commissioner extends the time for disposal.


Tex. Finance Code Sec. 64.103. TRANSACTIONS RELATING TO ASSOCIATION'S REAL PROPERTY. On authorization by the association's board of directors, an association may sell, convey, exchange for other real property, lease, improve, repair, or mortgage real property.


Tex. Finance Code Sec. 64.104. RECORD OF CHARGES ON REAL AND PERSONAL PROPERTY. An association shall keep a record of the status of taxes, assessments, insurance premiums, and other charges on all real and personal property owned by the association.


Tex. Finance Code Sec. 65.001. LIMITATIONS ON ACCOUNTS. The board of directors of an association may limit the number and value of savings accounts the association may accept.


Tex. Finance Code Sec. 65.002. INVESTMENT IN ACCOUNTS.


Tex. Finance Code Sec. 65.003. SAVINGS CONTRACT.


Tex. Finance Code Sec. 65.004. EVIDENCE OF ACCOUNT. An association shall issue an account book or certificate to the holder of a savings account as evidence of the account.


Tex. Finance Code Sec. 65.005. ACCOUNT OWNERSHIP. Unless an association has acknowledged in writing a pledge of a savings account, the association may treat the holder of record of the account as the owner of the account for all purposes and is unaffected by notice to the contrary.


Tex. Finance Code Sec. 65.006. TRANSFER OF ACCOUNT.


Tex. Finance Code Sec. 65.007. LOST OR DESTROYED ACCOUNT BOOK OR CERTIFICATE.


Tex. Finance Code Sec. 65.008. ACCOUNT WITHDRAWALS.


Tex. Finance Code Sec. 65.009. INTEREST OR DIVIDENDS PAID ON ACCOUNTS.


Tex. Finance Code Sec. 65.010. REDEMPTION OF SAVINGS ACCOUNT.


Tex. Finance Code Sec. 65.011. LIEN ON SAVINGS ACCOUNT.


Tex. Finance Code Sec. 65.012. PRIORITY OF ACCOUNTS; NOTICE OF WITHDRAWAL.


Tex. Finance Code Sec. 65.013. ACCOUNT AS LEGAL INVESTMENT.


Tex. Finance Code Sec. 65.101. ACCOUNT HELD BY MINOR.


Tex. Finance Code Sec. 65.102. ACCOUNT HELD BY MORE THAN ONE PERSON.


Tex. Finance Code Sec. 65.103. JOINT TENANCY ACCOUNT HELD BY HUSBAND AND WIFE.


Tex. Finance Code Sec. 65.104. PLEDGE OF JOINT ACCOUNT.


Tex. Finance Code Sec. 65.105. ACCOUNT HELD BY FIDUCIARY.


Tex. Finance Code Sec. 65.106. TRUST ACCOUNT; UNDISCLOSED TRUST INSTRUMENT.


Tex. Finance Code Sec. 65.107. POWER OF ATTORNEY ACCOUNT.


Tex. Finance Code Sec. 66.001. GENERAL DUTIES. The Department of Savings and Mortgage Lending and the commissioner shall regulate associations and subsidiaries of associations operating under this subtitle.


Tex. Finance Code Sec. 66.002. ADOPTION OF RULES. The finance commission may adopt rules relating to:


Tex. Finance Code Sec. 66.051. EXAMINATIONS.


Tex. Finance Code Sec. 66.052. ADDITIONAL EXAMINATIONS.


Tex. Finance Code Sec. 66.053. ACCESS TO BOOKS AND RECORDS. The commissioner, a deputy commissioner, or an examiner or auditor of the commissioner shall be given free access to:


Tex. Finance Code Sec. 66.054. SUBPOENA; ADMINISTRATION OF OATH OR AFFIRMATION.


Tex. Finance Code Sec. 66.101. INTERVENTION FOR VIOLATIONS AND UNSAFE AND UNSOUND PRACTICES. The commissioner may intervene in the affairs of an association if the association or a person who participates in the affairs of the association or a subsidiary of the association:


Tex. Finance Code Sec. 66.102. INTERVENTION FOR FILING INAPPROPRIATE INFORMATION. The commissioner may intervene in the affairs of an association if the association or a person who participates in the affairs of the association or a subsidiary of the association files materially false or misleading information in a filing required by Subchapter L, Chapter 62.


Tex. Finance Code Sec. 66.103. INTERVENTION FOR ACTIVITY RESULTING IN ACTUAL OR POTENTIAL LOSS.


Tex. Finance Code Sec. 66.104. INTERVENTION RELATING TO EXAMINATION OF AFFAIRS.


Tex. Finance Code Sec. 66.105. TEMPORARY SUPERVISORY ORDER.


Tex. Finance Code Sec. 66.106. SERVICE OF TEMPORARY SUPERVISORY ORDER.


Tex. Finance Code Sec. 66.107. HEARING ON TEMPORARY SUPERVISORY ORDER; FINAL ORDER.


Tex. Finance Code Sec. 66.108. PLAN OF OPERATION OF ASSOCIATION AFTER ORDER OF TEMPORARY CONSERVATORSHIP.


Tex. Finance Code Sec. 66.109. ENFORCEMENT OF SUPERVISORY ORDER.


Tex. Finance Code Sec. 66.110. STAY OF SUPERVISORY ORDER.


Tex. Finance Code Sec. 66.111. DISCLOSURE OF INFORMATION IN SUPERVISORY ORDER; CONFIDENTIALITY.


Tex. Finance Code Sec. 66.151. PLACEMENT OF ASSOCIATION UNDER CONSERVATORSHIP. If the commissioner does not approve a plan to continue the operation of an association under Section 66.108, the conservator shall continue to manage the affairs of the association unless the temporary conservatorship order is modified or vacated:


Tex. Finance Code Sec. 66.152. DUTIES OF CONSERVATOR.


Tex. Finance Code Sec. 66.153. TERM OF CONSERVATOR. The conservator shall serve until the purposes of the conservatorship are accomplished.


Tex. Finance Code Sec. 66.154. TRANSFER OF MANAGEMENT OF REHABILITATED ASSOCIATION. If the association is rehabilitated, the conservator shall return the management of the association to the association's board under terms that are reasonable and necessary to prevent a recurrence of the conditions that created the need for the conservatorship.


Tex. Finance Code Sec. 66.155. SCOPE OF AUTHORITY OF OTHER PERSONS DURING CONSERVATORSHIP. During the conservatorship, a person who participates in the affairs of the association shall act according to the conservator's instructions and may exercise only the authority that the conservator expressly grants.


Tex. Finance Code Sec. 66.156. COST OF CONSERVATORSHIP.


Tex. Finance Code Sec. 66.157. VENUE. A suit filed against an association or its conservator while a conservatorship order is in effect must be brought in Travis County.


Tex. Finance Code Sec. 66.201. PLACEMENT OF ASSOCIATION UNDER VOLUNTARY SUPERVISORY CONTROL.


Tex. Finance Code Sec. 66.202. POWERS OF SUPERVISORS. A supervisor or deputy supervisor has the powers of a conservator under Subchapter D and any other power established by agreement between the commissioner and the association's board of directors.


Tex. Finance Code Sec. 66.203. COST OF SUPERVISORY CONTROL. The cost of the supervisory control of an association shall be set by the commissioner and paid by the association.


Tex. Finance Code Sec. 66.251. CLOSING OF ASSOCIATION BY BOARD RESOLUTION. An association's board, by resolution and with the commissioner's consent, may close the association and tender to the commissioner for disposition as provided by this subchapter the assets and all the affairs of the association.


Tex. Finance Code Sec. 66.252. CLOSING OF ASSOCIATION BY COMMISSIONER'S ORDER. The commissioner or the commissioner's representative may close an association if the commissioner determines after an examination that:


Tex. Finance Code Sec. 66.253. NOTICE OF CLOSING.


Tex. Finance Code Sec. 66.254. EFFECT OF CLOSING.


Tex. Finance Code Sec. 66.255. HEARING ON COMMISSIONER'S ORDER.


Tex. Finance Code Sec. 66.301. LIQUIDATION OF ASSOCIATION.


Tex. Finance Code Sec. 66.302. REMOVAL OR REPLACEMENT OF LIQUIDATING AGENT.


Tex. Finance Code Sec. 66.303. DUTIES OF LIQUIDATING AGENT.


Tex. Finance Code Sec. 66.304. NOTICE.


Tex. Finance Code Sec. 66.305. PRESENTATION OF CLAIM.


Tex. Finance Code Sec. 66.306. PRIORITY OF CLAIMS. On liquidation of an association, claims for payment have the following priority:


Tex. Finance Code Sec. 66.307. ACTION ON CLAIM.


Tex. Finance Code Sec. 66.308. HEARING ON CLAIM; APPEAL OF ADVERSE DETERMINATION OF CLAIM.


Tex. Finance Code Sec. 66.309. PAYMENT OF FINAL DIVIDEND.


Tex. Finance Code Sec. 66.310. DEPOSIT OF MONEY BY LIQUIDATING AGENT. The liquidating agent shall deposit all unclaimed dividends and all money available for nonclaiming depositors and creditors in one or more state-chartered financial institutions for the benefit of the depositors and creditors entitled to the dividends or money.


Tex. Finance Code Sec. 66.311. PAYMENT OF NONCLAIMING DEPOSITORS AND CREDITORS.


Tex. Finance Code Sec. 66.312. COST OF LIQUIDATION.


Tex. Finance Code Sec. 66.313. FINAL REPORT. After paying a final dividend as provided by Section 66.309 and performing any necessary or proper action in liquidating the association's assets for the benefit of the depositors and creditors of the association, the liquidating agent shall file with the commissioner a final report of the liquidation.


Tex. Finance Code Sec. 66.314. CONTINUED EXISTENCE OF ASSOCIATION FOLLOWING LIQUIDATION. For the purposes of adjusting and settling claims not disposed of during the liquidation, the association continues to exist until the third anniversary of the date the liquidation order is issued.


Tex. Finance Code Sec. 66.315. SPECIAL LIQUIDATING AGENT. At the completion of the liquidation, the commissioner may appoint a special liquidating agent if necessary to adjust and settle undisposed claims.


Tex. Finance Code Sec. 66.316. CLOSING OF LIQUIDATION; ORDER AND LIABILITY.


Tex. Finance Code Sec. 66.317. ADMINISTRATIVE PROCEDURE. The procedures for a contested case hearing under Chapter 2001, Government Code, apply to a hearing set by the commissioner under this subchapter.


Tex. Finance Code Sec. 66.351. PLACEMENT OF CERTAIN ASSOCIATIONS IN RECEIVERSHIP.


Tex. Finance Code Sec. 66.352. DUTIES OF RECEIVER. On appointment, the receiver shall:


Tex. Finance Code Sec. 66.353. COMPENSATION OF RECEIVER. The receiver is entitled to compensation as determined by the court.


Tex. Finance Code Sec. 66.354. EFFECT OF RECEIVERSHIP ON COMMISSIONER AND LIQUIDATING AGENT.


Tex. Finance Code Sec. 66.355. RECEIPT OF ITEMS AS EVIDENCE IN RECEIVERSHIP PROCEEDING; CERTIFICATION.


Tex. Finance Code Sec. 66.356. TITLE AND CUSTODY OF ASSOCIATION'S ASSETS.


Tex. Finance Code Sec. 66.401. DERIVATIVE SUIT.


Tex. Finance Code Sec. 66.402. PAYMENT OF INSURED DEPOSIT LIABILITIES BY FDIC. If the Federal Deposit Insurance Corporation pays the insured deposit liabilities of an association that has been closed or is being liquidated under this chapter, regardless of whether the Federal Deposit Insurance Corporation has become receiver or liquidating agent, the Federal Deposit Insurance Corporation is subrogated, to the extent of the payment, to all rights that the owners of the savings accounts or deposits have against the association.


Tex. Finance Code Sec. 66.403. ENFORCEABILITY OF LOAN PROMISE OR AGREEMENT MADE BY ASSOCIATION BEFORE CONSERVATORSHIP OR SUPERVISORY CONTROL. If a promise or agreement to lend money is not otherwise unenforceable under Chapter 26, Business & Commerce Code, and if the promise or agreement is made by the association before the association is placed under conservatorship or supervisory control, the promise or agreement or a memorandum of the promise or agreement is enforceable against the association only if the promise or agreement or memorandum:


Tex. Finance Code Sec. 67.001. LIMITATION ON RIGHT TO DO BUSINESS AS SAVINGS AND LOAN ASSOCIATION.


Tex. Finance Code Sec. 67.002. APPLICATION OF LAW AND RULES. This subtitle and each rule adopted under this subtitle apply to the operations in this state of a foreign association and may be enforced by the commissioner.


Tex. Finance Code Sec. 67.003. CONTRACTS CONSTRUED UNDER LAW OF THIS STATE. A contract between a foreign association and a resident of this state is governed by the laws of this state.


Tex. Finance Code Sec. 67.004. FEDERAL ASSOCIATIONS. A federal association is not a foreign corporation or foreign association for purposes of this subtitle.


Tex. Finance Code Sec. 67.101. POWERS OF FOREIGN ASSOCIATION; ELIGIBILITY OF ACCOUNTS FOR INVESTMENT.


Tex. Finance Code Sec. 67.201. RENEWAL OF CERTIFICATE. A foreign association may renew a certificate of authority by paying a renewal fee in January of each year. The finance commission by resolution shall set the fee annually.


Tex. Finance Code Sec. 67.202. REVOCATION OF CERTIFICATE.


Tex. Finance Code Sec. 67.301. FREQUENCY OF EXAMINATION. A foreign association may not be examined more than once each year.


Tex. Finance Code Sec. 67.302. EXAMINATION CHARGES. A foreign association holding a certificate of authority shall pay:


Tex. Finance Code Sec. 67.303. AGREEMENT WITH REGULATORY AUTHORITY OF OTHER STATE.


Tex. Finance Code Sec. 67.304. COMMISSIONER'S AUTHORITY TO ISSUE ORDERS. The commissioner may issue an order against a foreign association holding a certificate of authority in the same manner provided by Chapter 66 for issuance of an order against a domestic association.


Tex. Finance Code Sec. 89.001. APPLICABILITY OF CHAPTER 4, BUSINESS & COMMERCE CODE. Chapter 4, Business & Commerce Code, applies to an association with respect to an item paid, collected, settled, negotiated, or otherwise handled by the association for a customer.


Tex. Finance Code Sec. 89.002. ACKNOWLEDGMENT OR PROOF TAKEN BY MEMBER, STOCKHOLDER, OR EMPLOYEE OF ASSOCIATION. 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, an association or federal association is not disqualified because of that relationship to the association or federal association from taking an acknowledgment or proof of a written instrument in which an association or federal association is interested.


Tex. Finance Code Sec. 89.003. RENDITION OF CERTAIN PERSONAL PROPERTY FOR AD VALOREM TAXATION.


Tex. Finance Code Sec. 89.004. INITIATION OF RULEMAKING BY ASSOCIATIONS. The finance commission shall initiate rulemaking proceedings if at least 20 percent of the associations petition the finance commission in writing requesting the adoption, amendment, or repeal of a rule.


Tex. Finance Code Sec. 89.005. EXEMPTION FROM SECURITIES LAWS. A savings account, certificate, or other evidence of an interest in the savings liability of an association or federal association is not considered a security under The Securities Act (Title 12, Government Code). A security of these associations, other than an interest in the savings liability of an association, is not subject to the registration requirements of that act. A person whose principal occupation is being an officer of an association 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 association of which the person is an officer.


Tex. Finance Code Sec. 89.006. LIABILITY OF COMMISSIONER AND OTHER COMMISSION PERSONNEL; DEFENSE BY ATTORNEY GENERAL.


Tex. Finance Code Sec. 89.007. ASSOCIATION AUTHORIZED TO CONDUCT SAVINGS AND LOAN BUSINESS UNDER PRIOR LAW NOW SUBJECT TO SUBTITLE.


Tex. Finance Code Sec. 89.008. OFFICES OF FEDERAL ASSOCIATIONS. A federal association that has been merged, consolidated, or converted into a domestic or foreign savings bank or association is entitled to retain any authorized office under the terms provided for a foreign savings bank under Subchapter I, Chapter 92.


Tex. Finance Code Sec. 89.051. ACCESS TO BOOKS AND RECORDS OF ASSOCIATION.


Tex. Finance Code Sec. 89.052. DISCLOSURE OF INFORMATION HELD BY DEPARTMENT ABOUT AN ASSOCIATION; LIABILITY.


Tex. Finance Code Sec. 89.101. CRIMINAL SLANDER.


Tex. Finance Code Sec. 89.102. GENERAL ADMINISTRATIVE PENALTY.


Tex. Finance Code Sec. 91.001. SHORT TITLE. This subtitle may be cited as the Texas Savings Bank Act.


Tex. Finance Code Sec. 91.002. DEFINITIONS. In this subtitle:


Tex. Finance Code Sec. 91.003. CONTROL; SUBSIDIARY.


Tex. Finance Code Sec. 91.004. NOTICE OF HEARING; RIGHT TO RESPOND.


Tex. Finance Code Sec. 91.005. RECORD OF PROCEEDING. On written request by an interested party, the commissioner shall keep a formal record of the proceedings of a hearing under this subtitle.


Tex. Finance Code Sec. 91.006. DECISION OR ORDER.


Tex. Finance Code Sec. 91.007. FEES. The finance commission by rule shall:


Tex. Finance Code Sec. 92.001. APPLICABILITY OF OTHER LAW.


Tex. Finance Code Sec. 92.051. APPLICATION TO INCORPORATE.


Tex. Finance Code Sec. 92.052. ADDITIONAL REQUIREMENTS FOR CAPITAL STOCK SAVINGS BANK.


Tex. Finance Code Sec. 92.053. ADDITIONAL REQUIREMENTS FOR MUTUAL SAVINGS BANK.


Tex. Finance Code Sec. 92.054. MINIMUM INITIAL CAPITAL.


Tex. Finance Code Sec. 92.055. APPROVAL OF MANAGING OFFICER.


Tex. Finance Code Sec. 92.056. CORPORATE NAME.


Tex. Finance Code Sec. 92.057. HEARING ON APPLICATION TO INCORPORATE.


Tex. Finance Code Sec. 92.058. DECISION ON APPLICATION TO INCORPORATE; ISSUANCE OF CERTIFICATE OF INCORPORATION.


Tex. Finance Code Sec. 92.059. JUDICIAL REVIEW.


Tex. Finance Code Sec. 92.060. PREFERENCE FOR LOCAL CONTROL. If more than one application to incorporate a new savings bank or establish an additional office of an existing savings bank in the same community is before the commissioner at the same time, the commissioner may give additional weight to the application of the applicant that has the greater degree of control vested in or held by residents of the community.


Tex. Finance Code Sec. 92.061. DEADLINE FOR COMMENCING BUSINESS.


Tex. Finance Code Sec. 92.062. AMENDMENT OF ARTICLES OF INCORPORATION OR BYLAWS.


Tex. Finance Code Sec. 92.063. CHANGE OF OFFICE OR NAME; ESTABLISHMENT OF ADDITIONAL OFFICES.


Tex. Finance Code Sec. 92.101. PURPOSE OF INCORPORATION. A person may apply to incorporate a savings bank for the purpose of:


Tex. Finance Code Sec. 92.102. INCORPORATION REQUIREMENTS.


Tex. Finance Code Sec. 92.103. DECISION ON APPLICATION; ISSUANCE OF CERTIFICATE OF INCORPORATION.


Tex. Finance Code Sec. 92.151. ORGANIZATIONAL MEETING.


Tex. Finance Code Sec. 92.152. BOARD OF DIRECTORS.


Tex. Finance Code Sec. 92.153. QUALIFICATION OF DIRECTORS.


Tex. Finance Code Sec. 92.154. OFFICERS.


Tex. Finance Code Sec. 92.155. CONFLICTS OF INTEREST.


Tex. Finance Code Sec. 92.156. FINANCIAL INSTITUTION BOND.


Tex. Finance Code Sec. 92.157. MEETINGS OF MEMBERS OR SHAREHOLDERS.


Tex. Finance Code Sec. 92.158. VOTING RIGHTS.


Tex. Finance Code Sec. 92.201. BOOKS AND RECORDS. A savings bank shall maintain its books and records according to generally accepted accounting principles and to rules adopted by the finance commission.


Tex. Finance Code Sec. 92.203. REGULATORY CAPITAL. A savings bank shall maintain regulatory capital in the amount prescribed by rule of the finance commission. The amount may not be less than the amount of regulatory capital required for a corresponding national bank.


Tex. Finance Code Sec. 92.204. QUALIFIED THRIFT LENDER TEST.


Tex. Finance Code Sec. 92.205. COMPUTATION OF INCOME.


Tex. Finance Code Sec. 92.206. INSURANCE OF DEPOSIT ACCOUNTS. A savings bank shall obtain and maintain federal insurance of deposit accounts through an insurance corporation created by an Act of the United States Congress.


Tex. Finance Code Sec. 92.207. LIMITATION ON ISSUANCE OF SECURITIES. A savings bank may issue a form of stock, share, account, or investment certificate only as authorized by this subtitle or as permitted for a national bank, federal savings and loan association, federal savings bank, or state bank.


Tex. Finance Code Sec. 92.208. COMMON STOCK.


Tex. Finance Code Sec. 92.209. PREFERRED STOCK.


Tex. Finance Code Sec. 92.210. SERIES AND CLASSES OF PREFERRED STOCK.


Tex. Finance Code Sec. 92.211. DIVIDENDS ON CAPITAL STOCK.


Tex. Finance Code Sec. 92.212. USE OF SURPLUS ACCOUNTS AND EXPENSE FUND CONTRIBUTIONS.


Tex. Finance Code Sec. 92.213. USE OF EXPENSE FUND CONTRIBUTIONS.


Tex. Finance Code Sec. 92.251. CONDITIONS FOR CONVERSION.


Tex. Finance Code Sec. 92.252. APPLICATION FOR CONVERSION.


Tex. Finance Code Sec. 92.253. ACTION BY COMMISSIONER ON APPLICATION. Not later than the 10th day after the date an application to convert is received, the commissioner shall:


Tex. Finance Code Sec. 92.254. HEARING ON APPLICATION.


Tex. Finance Code Sec. 92.255. CONSUMMATION OF CONVERSION. Within three months after the date of the commissioner's written order consenting to the conversion, the savings bank shall consummate the conversion in the manner prescribed by the applicable law of this state or the United States.


Tex. Finance Code Sec. 92.256. FILING OF CHARTER OR CERTIFICATE.


Tex. Finance Code Sec. 92.257. EFFECT OF ISSUANCE OF CHARTER. On the issuance of a charter by the appropriate banking agency, the savings bank:


Tex. Finance Code Sec. 92.258. CONTINUATION OF CORPORATE EXISTENCE. After a savings bank is converted to another financial institution:


Tex. Finance Code Sec. 92.259. PROPERTY AND OBLIGATIONS OF CONVERTED SAVINGS BANK. The new financial institution:


Tex. Finance Code Sec. 92.301. APPLICATION TO CONVERT.


Tex. Finance Code Sec. 92.302. ELECTION OF DIRECTORS; EXECUTION AND ACKNOWLEDGMENT OF APPLICATION AND BYLAWS.


Tex. Finance Code Sec. 92.303. REVIEW BY COMMISSIONER; APPROVAL.


Tex. Finance Code Sec. 92.304. HEARING ON DENIAL; APPEAL.


Tex. Finance Code Sec. 92.305. CONTINUATION OF CORPORATE EXISTENCE. After another financial institution is converted to a savings bank:


Tex. Finance Code Sec. 92.306. PROPERTY AND OBLIGATIONS OF CONVERTED INSTITUTION.


Tex. Finance Code Sec. 92.307. EFFECT OF CONVERSION ON PENDING LEGAL ACTION.


Tex. Finance Code Sec. 92.308. LOCAL FILING OF CONVERSION ORDER REQUIRED. The savings bank shall file a copy of the order of conversion in each county in which the financial institution that converted owned real property at the time the conversion took effect.


Tex. Finance Code Sec. 92.351. AUTHORITY TO REORGANIZE, MERGE, OR CONSOLIDATE.


Tex. Finance Code Sec. 92.352. NOTICE AND HEARING; CONFIDENTIALITY.


Tex. Finance Code Sec. 92.353. DENIAL BY COMMISSIONER OF PLAN. The commissioner shall issue an order denying the plan if:


Tex. Finance Code Sec. 92.354. ALTERNATIVE OR ADDITIONAL PROCEDURES. If the surviving financial institution is an entity other than a savings bank, the commissioner may accept, in addition to or instead of the requirements of this subchapter, the procedures and decision of the appropriate banking agency with jurisdiction over the surviving financial institution.


Tex. Finance Code Sec. 92.355. CONTINUATION OF CORPORATE EXISTENCE; HOME OFFICE OF SURVIVING ENTITY.


Tex. Finance Code Sec. 92.401. APPLICABILITY OF SUBCHAPTER.


Tex. Finance Code Sec. 92.402. ADOPTION OF MERGER OR CONSOLIDATION PLAN. The board of the foreign savings bank must adopt the merger or consolidation plan.


Tex. Finance Code Sec. 92.403. NOTICE AND HEARING; CONFIDENTIALITY. If the commissioner considers the domestic savings bank to be in an unsafe condition:


Tex. Finance Code Sec. 92.404. DENIAL BY COMMISSIONER OF APPLICATION. If the surviving savings bank is a foreign savings bank, the commissioner shall deny the application if:


Tex. Finance Code Sec. 92.405. APPROVAL BY COMMISSIONER OF PLAN.


Tex. Finance Code Sec. 92.406. ENFORCEMENT OF CONDITION, RESTRICTION, OR REQUIREMENT ON SURVIVING FOREIGN SAVINGS BANK. If the surviving savings bank is a foreign savings bank, the commissioner may enforce a condition, restriction, or requirement on the surviving savings bank that could have been enforced by the state in which the foreign savings bank has its principal place of business if the merger or consolidation had occurred in that state and the surviving savings bank were a domestic savings bank.


Tex. Finance Code Sec. 92.407. MERGER OF FOREIGN SAVINGS AND LOAN ASSOCIATION.


Tex. Finance Code Sec. 92.451. AUTHORITY TO MERGE. One or more corporations organized under the law of this state may merge into a savings bank that owns all the corporations' capital stock if:


Tex. Finance Code Sec. 92.452. ARTICLES OF MERGER.


Tex. Finance Code Sec. 92.453. APPROVAL OF MERGER.


Tex. Finance Code Sec. 92.454. EFFECT OF MERGER.


Tex. Finance Code Sec. 92.455. INAPPLICABILITY OF SUBCHAPTER H. Subchapter H does not apply to a merger under this subchapter.


Tex. Finance Code Sec. 92.501. RESOLUTION TO LIQUIDATE AND DISSOLVE.


Tex. Finance Code Sec. 92.502. DISTRIBUTION OF ASSETS.


Tex. Finance Code Sec. 92.503. FINAL REPORT AND ACCOUNTING.


Tex. Finance Code Sec. 92.551. INAPPLICABILITY OF SUBCHAPTER. This subchapter does not apply to a conversion, reorganization, merger, consolidation, or voluntary liquidation under Subchapter F, G, H, J, or K.


Tex. Finance Code Sec. 92.552. EFFECT OF SUBCHAPTER ON OTHER LAW. This subchapter does not:


Tex. Finance Code Sec. 92.553. APPLICATION FOR CHANGE OF CONTROL.


Tex. Finance Code Sec. 92.554. NOTICE OF APPLICATION.


Tex. Finance Code Sec. 92.555. CONFIDENTIALITY.


Tex. Finance Code Sec. 92.556. DENIAL OF APPLICATION.


Tex. Finance Code Sec. 92.557. NOTICE OF INTENT TO DENY; HEARING.


Tex. Finance Code Sec. 92.558. JUDICIAL REVIEW.


Tex. Finance Code Sec. 92.559. UNAUTHORIZED CHANGE OF CONTROL. If it appears that a change in control may have occurred without prior approval, the commissioner may call a hearing to determine whether:


Tex. Finance Code Sec. 92.560. INJUNCTION.


Tex. Finance Code Sec. 92.561. CRIMINAL PENALTY.


Tex. Finance Code Sec. 92.601. APPLICATION TO ORGANIZE.


Tex. Finance Code Sec. 92.602. LIABILITY OF MEMBERS AND MANAGERS. A member, transferee of a member, or manager of a limited savings bank is not liable for a debt, obligation, or liability of the limited savings bank, including a debt, obligation, or liability under a judgment, decree, or order of a court. A member or a manager of a limited savings bank is not a proper party to a proceeding by or against a limited savings bank unless the object of the proceeding is to enforce a member's or manager's right against or liability to a limited savings bank.


Tex. Finance Code Sec. 92.603. CONTRIBUTIONS. A member of a limited savings bank is obligated to make contributions as required in the company agreement.


Tex. Finance Code Sec. 92.604. MANAGERS OF LIMITED SAVINGS BANK.


Tex. Finance Code Sec. 92.605. WITHDRAWAL OR REDUCTION OF MEMBER'S CONTRIBUTION.


Tex. Finance Code Sec. 92.606. COMPANY AGREEMENT OF LIMITED SAVINGS BANK.


Tex. Finance Code Sec. 92.607. DISSOLUTION.


Tex. Finance Code Sec. 92.608. ALLOCATION OF PROFITS AND LOSSES. The profits and losses of a limited savings bank may be allocated among the members and among classes of members as provided by the company agreement. Without the prior written approval of the commissioner to use a different allocation method, the profits and losses must be allocated according to the relative interests of the members in the limited savings bank.


Tex. Finance Code Sec. 92.609. DISTRIBUTIONS. Subject to rules adopted by the finance commission, distributions of cash or other assets of a limited savings bank may be made to the members as provided by the company agreement. Without the prior written approval of the commissioner to use a different distribution method, distributions must be made to the members according to the relative interests of the members as reflected in the governing documents of the limited savings bank filed with and approved by the commissioner.


Tex. Finance Code Sec. 92.610. AMENDMENT OF GOVERNING DOCUMENTS.


Tex. Finance Code Sec. 92.611. APPLICATION OF OTHER PROVISIONS TO LIMITED SAVINGS BANKS; MISCELLANEOUS PROVISIONS.


Tex. Finance Code Sec. 93.001. GENERAL CORPORATE POWERS.


Tex. Finance Code Sec. 93.002. ENLARGEMENT OF POWERS.


Tex. Finance Code Sec. 93.003. POWERS OF FEDERAL SAVINGS BANK. A federal savings bank and its members have all of the powers, privileges, benefits, immunities, and exemptions that are provided by the law of this state for a savings bank and the savings bank's members.


Tex. Finance Code Sec. 93.004. POWER TO BORROW.


Tex. Finance Code Sec. 93.005. FISCAL AGENT.


Tex. Finance Code Sec. 93.006. POWER TO ACT UNDER CERTAIN FEDERAL RETIREMENT PLANS. A savings bank or a federal savings bank, to the extent that its charter and applicable federal regulations permit, may:


Tex. Finance Code Sec. 93.007. TRUST POWERS.


Tex. Finance Code Sec. 93.008. POWERS RELATIVE TO OTHER FINANCIAL INSTITUTIONS.


Tex. Finance Code Sec. 93.009. RIGHT TO ACT TO AVOID LOSS.


Tex. Finance Code Sec. 93.010. CLOSING PLACE OF BUSINESS. A savings bank may close its place of business at any time its board of directors determines.


Tex. Finance Code Sec. 93.011. EMERGENCY CLOSING.


Tex. Finance Code Sec. 93.012. EFFECT OF CLOSING.


Tex. Finance Code Sec. 94.001. LOANS TO ONE BORROWER.


Tex. Finance Code Sec. 94.002. COMMERCIAL LOANS.


Tex. Finance Code Sec. 94.051. BORROWER PAYMENT OF LOAN EXPENSES. Subject to Section 94.052, a savings bank may require a borrower to pay all reasonable expenses incurred in connection with making, closing, disbursing, extending, readjusting, or renewing a loan.


Tex. Finance Code Sec. 94.052. CONSUMER LOANS. In the case of a consumer loan:


Tex. Finance Code Sec. 94.053. COLLECTION OF LOAN EXPENSES. An expense payment authorized by this subchapter may be:


Tex. Finance Code Sec. 94.054. CHARACTER OF LOAN EXPENSE PAYMENTS. An expense payment authorized by this subchapter is not interest or compensation charged by a savings bank for the loan of money.


Tex. Finance Code Sec. 94.101. PENALTY FOR PREPAYMENT OR LATE PAYMENT. A savings bank may charge a penalty for a prepayment of or late payment on a loan.


Tex. Finance Code Sec. 94.102. APPLICATION OF PREPAYMENTS TO LOAN INSTALLMENTS. Unless otherwise agreed in writing, a savings bank shall apply:


Tex. Finance Code Sec. 94.151. ADVANCES PAID BY SAVINGS BANK.


Tex. Finance Code Sec. 94.152. ADVANCES ARE LIEN ON PROPERTY. A payment under Section 94.151 is a lien against the real property that secures the loan for which it is made.


Tex. Finance Code Sec. 94.153. PAYMENT OF ESTIMATED CHARGES BY BORROWER.


Tex. Finance Code Sec. 94.154. RECORD OF CHARGES. A savings bank shall keep a record of the status of taxes, assessments, insurance premiums, and other charges on real property that secures the savings bank's loans.


Tex. Finance Code Sec. 94.251. LIMITATIONS ON INVESTMENT IN EQUITY SECURITIES.


Tex. Finance Code Sec. 94.252. INAPPLICABILITY OF LIMITATIONS. The limitations under Section 94.251 do not apply to an equity security issued by:


Tex. Finance Code Sec. 94.253. RULES. The finance commission may adopt rules necessary to implement this subchapter, including rules relating to eligible investment criteria, investment diversification, and resource management requirements.


Tex. Finance Code Sec. 94.301. AUTHORIZATION. With the prior consent of the commissioner and subject to rules adopted by the finance commission, a savings bank may invest in a subsidiary corporation created under general corporation law.


Tex. Finance Code Sec. 94.302. LIMITATION ON INVESTMENT IN SUBSIDIARIES.


Tex. Finance Code Sec. 94.303. REGULATION AND EXAMINATION OF SUBSIDIARY.


Tex. Finance Code Sec. 94.304. RULES. The finance commission shall adopt rules on permitted activities of a subsidiary corporation in which a savings bank invests under Section 94.301.


Tex. Finance Code Sec. 94.351. INVESTMENT IN BANKING PREMISES. Without prior approval of the commissioner, a savings bank may invest not more than an amount equal to the savings bank's regulatory capital in real property, including a building or related facility, a parking facility, or leasehold improvements for a rented facility, for use by the savings bank as its banking premises.


Tex. Finance Code Sec. 94.352. FORM OF SAVINGS BANK FACILITY. The finance commission by rule adopted under Section 93.002 may approve a new form of savings bank facility or authorize the commissioner to approve a new form of savings bank facility if the commissioner does not have a significant supervisory or regulatory concern regarding the proposed facility.


Tex. Finance Code Sec. 94.353. RECORD OF CHARGES ON REAL AND PERSONAL PROPERTY. A savings bank shall keep a record of the status of taxes, assessments, insurance premiums, and other charges on all real and personal property owned by the savings bank.


Tex. Finance Code Sec. 95.001. DEPOSITS.


Tex. Finance Code Sec. 95.002. LIMITATIONS ON ACCOUNTS. The board may limit the number and value of deposit accounts the savings bank may accept.


Tex. Finance Code Sec. 95.003. INVESTMENT IN ACCOUNTS.


Tex. Finance Code Sec. 95.004. DEPOSIT CONTRACT.


Tex. Finance Code Sec. 95.005. ACCOUNT OWNERSHIP. Unless a savings bank acknowledges in writing a pledge of a deposit account, the savings bank may treat the holder of record of the account as the owner of the account for all purposes and is unaffected by notice to the contrary.


Tex. Finance Code Sec. 95.006. TRANSFER OF ACCOUNT.


Tex. Finance Code Sec. 95.007. INTEREST OR DIVIDENDS PAID ON ACCOUNTS.


Tex. Finance Code Sec. 95.008. REDEMPTION OF DEPOSIT ACCOUNT.


Tex. Finance Code Sec. 95.009. LIEN ON DEPOSIT ACCOUNT.


Tex. Finance Code Sec. 95.010. ACCOUNT AS LEGAL INVESTMENT.


Tex. Finance Code Sec. 95.011. APPLICABILITY OF ESTATES CODE. The applicable provisions of Subchapter B, Chapter 111, and Chapters 112 and 113, Estates Code, govern deposit accounts held in a savings bank.


Tex. Finance Code Sec. 95.101. ACCOUNT HELD BY MINOR.


Tex. Finance Code Sec. 95.102. PLEDGE OF JOINT ACCOUNT.


Tex. Finance Code Sec. 95.103. ACCOUNT HELD BY FIDUCIARY.


Tex. Finance Code Sec. 95.104. TRUST ACCOUNT: UNDISCLOSED TRUST INSTRUMENT.


Tex. Finance Code Sec. 95.105. POWER OF ATTORNEY ACCOUNT.


Tex. Finance Code Sec. 96.001. GENERAL DUTIES. The Department of Savings and Mortgage Lending and the commissioner shall regulate savings banks and subsidiaries of savings banks operating under this subtitle.


Tex. Finance Code Sec. 96.002. ADOPTION OF RULES.


Tex. Finance Code Sec. 96.051. ANNUAL AUDIT.


Tex. Finance Code Sec. 96.053. REPORTS.


Tex. Finance Code Sec. 96.054. EXAMINATIONS.


Tex. Finance Code Sec. 96.055. ADDITIONAL EXAMINATIONS.


Tex. Finance Code Sec. 96.0551. REGULATION AND EXAMINATION OF CERTAIN RELATED ENTITIES.


Tex. Finance Code Sec. 96.056. ACCESS TO BOOKS AND RECORDS. The commissioner, a deputy commissioner, or an examiner or auditor of the commissioner shall be given free access to:


Tex. Finance Code Sec. 96.057. SUBPOENA; ADMINISTRATION OF OATH OR AFFIRMATION.


Tex. Finance Code Sec. 96.101. INTERVENTION FOR VIOLATIONS AND UNSAFE AND UNSOUND PRACTICES.


Tex. Finance Code Sec. 96.102. INTERVENTION FOR FILING INAPPROPRIATE INFORMATION. The commissioner may intervene in the affairs of a savings bank if the savings bank or a person who participates in the affairs of the savings bank or a subsidiary or holding company of the savings bank files materially false or misleading information in a filing required by Subchapter L, Chapter 92.


Tex. Finance Code Sec. 96.103. INTERVENTION FOR ACTIVITY RESULTING IN ACTUAL OR POTENTIAL FINANCIAL LOSS.


Tex. Finance Code Sec. 96.104. INTERVENTION RELATING TO EXAMINATION OF AFFAIRS.


Tex. Finance Code Sec. 96.105. TEMPORARY SUPERVISORY ORDER.


Tex. Finance Code Sec. 96.106. SERVICE OF TEMPORARY SUPERVISORY ORDER.


Tex. Finance Code Sec. 96.107. HEARING ON TEMPORARY SUPERVISORY ORDER; FINAL ORDER.


Tex. Finance Code Sec. 96.108. PLAN OF OPERATION OF SAVINGS BANK AFTER ORDER OF TEMPORARY CONSERVATORSHIP.


Tex. Finance Code Sec. 96.109. ENFORCEMENT OF SUPERVISORY ORDER.


Tex. Finance Code Sec. 96.110. STAY OF SUPERVISORY ORDER.


Tex. Finance Code Sec. 96.111. DISCLOSURE OF INFORMATION IN SUPERVISORY ORDER; CONFIDENTIALITY.


Tex. Finance Code Sec. 96.151. PLACEMENT OF SAVINGS BANK UNDER CONSERVATORSHIP. If the commissioner does not approve a plan to continue the operation of a savings bank under Section 96.108, the conservator shall continue to manage the affairs of the savings bank unless the temporary conservatorship order is modified or vacated:


Tex. Finance Code Sec. 96.152. DUTIES OF CONSERVATOR.


Tex. Finance Code Sec. 96.153. TERM OF CONSERVATOR. The conservator shall serve until the purposes of the conservatorship are accomplished.


Tex. Finance Code Sec. 96.154. TRANSFER OF MANAGEMENT OF REHABILITATED SAVINGS BANK. If the savings bank is rehabilitated to the satisfaction of the commissioner, the conservator shall return the management of the savings bank to the savings bank's board under terms that are reasonable and necessary to prevent a recurrence of the conditions that created the need for conservatorship.


Tex. Finance Code Sec. 96.155. SCOPE OF AUTHORITY OF OTHER PERSONS DURING CONSERVATORSHIP. During the conservatorship, a person who participates in the affairs of the savings bank shall act according to the conservator's instructions and may exercise only the authority that the conservator expressly grants.


Tex. Finance Code Sec. 96.156. LIMITING ORDER DURING CONSERVATORSHIP.


Tex. Finance Code Sec. 96.157. SERVICE OF LIMITING ORDER.


Tex. Finance Code Sec. 96.158. EFFECT OF LIMITING ORDER.


Tex. Finance Code Sec. 96.159. HEARING ON LIMITING ORDER; FINAL ORDER.


Tex. Finance Code Sec. 96.160. STAY OF LIMITING ORDER.


Tex. Finance Code Sec. 96.161. COST OF CONSERVATORSHIP.


Tex. Finance Code Sec. 96.162. VENUE. A suit filed against a savings bank or its conservator while a conservatorship order is in effect must be brought in Travis County.


Tex. Finance Code Sec. 96.201. PLACEMENT OF SAVINGS BANK UNDER VOLUNTARY SUPERVISORY CONTROL.


Tex. Finance Code Sec. 96.202. POWERS OF SUPERVISORS. A supervisor or deputy supervisor has the powers of a conservator under Subchapter D and any other power established by agreement between the commissioner and the savings bank's board of directors.


Tex. Finance Code Sec. 96.203. COST OF SUPERVISORY CONTROL. The cost of the supervisory control of a savings bank shall be set by the commissioner and paid by the savings bank.


Tex. Finance Code Sec. 96.251. CLOSING OF SAVINGS BANK BY BOARD RESOLUTION. A savings bank's board, by resolution and with the commissioner's consent, may close the savings bank and tender to the commissioner for disposition as provided by this subchapter the assets and all the affairs of the savings bank.


Tex. Finance Code Sec. 96.252. CLOSING OF SAVINGS BANK BY COMMISSIONER'S ORDER. The commissioner or the commissioner's representative may close a savings bank if the commissioner determines after an examination that:


Tex. Finance Code Sec. 96.253. EFFECT OF CLOSING.


Tex. Finance Code Sec. 96.254. HEARING ON COMMISSIONER'S ORDER.


Tex. Finance Code Sec. 96.301. LIQUIDATION OF SAVINGS BANK.


Tex. Finance Code Sec. 96.302. REMOVAL OR REPLACEMENT OF LIQUIDATING AGENT.


Tex. Finance Code Sec. 96.303. DUTIES OF LIQUIDATING AGENT.


Tex. Finance Code Sec. 96.304. NOTICE.


Tex. Finance Code Sec. 96.305. PRESENTATION OF CLAIM.


Tex. Finance Code Sec. 96.306. PRIORITY OF CLAIMS. When a savings bank is liquidated, claims for payment have the same priority that similar claims have when a federal savings bank is liquidated under federal law.


Tex. Finance Code Sec. 96.307. ACTION ON CLAIM.


Tex. Finance Code Sec. 96.308. HEARING ON CLAIM; APPEAL OF ADVERSE DETERMINATION OF CLAIM.


Tex. Finance Code Sec. 96.309. PAYMENT OF FINAL DIVIDEND.


Tex. Finance Code Sec. 96.310. DEPOSIT OF MONEY BY LIQUIDATING AGENT. The liquidating agent shall deposit all unclaimed dividends and all money available for nonclaiming deposit account holders and creditors in one or more state-chartered financial institutions for the benefit of the deposit account holders and creditors entitled to the dividends or money.


Tex. Finance Code Sec. 96.311. PAYMENT OF NONCLAIMING DEPOSIT ACCOUNT HOLDERS AND CREDITORS.


Tex. Finance Code Sec. 96.312. COST OF LIQUIDATION.


Tex. Finance Code Sec. 96.313. FINAL REPORT. After paying a final dividend as provided by Section 96.309 and performing any necessary or proper action in liquidating the savings bank's assets for the benefit of the deposit account holders and creditors of the savings bank, the liquidating agent shall file with the commissioner a final report of the liquidation.


Tex. Finance Code Sec. 96.314. CONTINUED EXISTENCE OF SAVINGS BANK FOLLOWING LIQUIDATION. For the purpose of adjusting and settling claims not disposed of during the liquidation, the savings bank continues to exist until the third anniversary of the date on which the liquidation order is issued.


Tex. Finance Code Sec. 96.315. SPECIAL LIQUIDATING AGENT. At the completion of the liquidation, the commissioner may appoint a special liquidating agent if necessary to adjust and settle undisposed claims.


Tex. Finance Code Sec. 96.316. CLOSING OF LIQUIDATION; ORDER AND LIABILITY.


Tex. Finance Code Sec. 96.317. ADMINISTRATIVE PROCEDURE. The procedures for a contested case hearing under Chapter 2001, Government Code, apply to a hearing set by the commissioner under this subchapter.


Tex. Finance Code Sec. 96.351. DISCLOSURE BY DEPARTMENT PROHIBITED. Except as otherwise provided by this subtitle or a rule adopted under this subtitle, the following are confidential and may not be disclosed by the commissioner or an examiner, supervisor, conservator, liquidator, inspector, deputy, or assistant clerk or other employee of the Department of Savings and Mortgage Lending who is appointed or acting under this subtitle:


Tex. Finance Code Sec. 96.352. DISCLOSURE TO OTHER AGENCIES. This subchapter does not prevent the proper exchange of information relating to savings banks with a representative of a regulatory authority of another state or any other department, agency, or instrumentality of this or another state or the United States if the commissioner determines the disclosure of the information is necessary or proper to enforce the laws of this or another state or the United States.


Tex. Finance Code Sec. 96.353. OTHER DISCLOSURE PROHIBITED.


Tex. Finance Code Sec. 96.354. CIVIL DISCOVERY. Discovery of confidential information from a person subject to this subchapter under subpoena or other legal process must comply with rules adopted under this subtitle. The rules may:


Tex. Finance Code Sec. 96.355. INVESTIGATIVE INFORMATION.


Tex. Finance Code Sec. 96.356. EXAMINATION REPORT. Unless the commissioner determines that a good reason exists to make the report public, a report of an examination made to the commissioner is confidential.


Tex. Finance Code Sec. 96.357. REMOVAL FOR VIOLATION. A person who violates this subchapter or who wilfully makes a false official report on the condition of a financial institution shall be removed from office or further employment with the Department of Savings and Mortgage Lending.


Tex. Finance Code Sec. 96.401. DERIVATIVE SUIT.


Tex. Finance Code Sec. 96.402. PAYMENT OF INSURED DEPOSIT LIABILITIES BY FDIC. If the Federal Deposit Insurance Corporation pays the insured deposit liabilities of a savings bank that has been closed or is being liquidated under this chapter, regardless of whether the Federal Deposit Insurance Corporation has become receiver or liquidating agent, the Federal Deposit Insurance Corporation is subrogated, to the extent of the payment, to all rights that the owners of the deposit accounts have against the savings bank.


Tex. Finance Code Sec. 96.403. ENFORCEABILITY OF LOAN PROMISE OR AGREEMENT MADE BY SAVINGS BANK BEFORE CONSERVATORSHIP OR SUPERVISORY CONTROL. If a promise or agreement to lend money is not otherwise unenforceable under Chapter 26, Business & Commerce Code, and if the promise or agreement is made by the savings bank before the savings bank is placed under conservatorship or supervisory control, the promise or agreement or a memorandum of the promise or agreement is enforceable against the savings bank only if the promise or agreement or memorandum:


Tex. Finance Code Sec. 96.404. INTEREST IN SAVINGS BANK PROHIBITED FOR DEPARTMENT.


Tex. Finance Code Sec. 96.405. PERMITTED TRANSACTIONS FOR DEPARTMENT RELATING TO SAVINGS BANK.


Tex. Finance Code Sec. 97.001. RULES.


Tex. Finance Code Sec. 97.002. REGISTRATION.


Tex. Finance Code Sec. 97.003. RELEASE FROM REGISTRATION. The commissioner, on the commissioner's own motion or on application, may release a registered holding company from the registration if the commissioner determines that the company no longer controls a savings bank.


Tex. Finance Code Sec. 97.004. REPORTS.


Tex. Finance Code Sec. 97.005. BOOKS AND RECORDS. Each holding company shall maintain books and records as required by the commissioner.


Tex. Finance Code Sec. 97.006. EXAMINATIONS.


Tex. Finance Code Sec. 97.007. AGENT FOR SERVICE OF PROCESS. The commissioner may require a holding company or a person, other than a corporation, connected with a holding company to execute and file an irrevocable appointment of agent for service of process on a form prescribed by the commissioner.


Tex. Finance Code Sec. 97.051. REORGANIZATION TO BECOME MUTUAL HOLDING COMPANY.


Tex. Finance Code Sec. 97.052. APPLICATION FOR APPROVAL OF REORGANIZATION. The application for approval of reorganization must contain:


Tex. Finance Code Sec. 97.053. PLAN OF REORGANIZATION.


Tex. Finance Code Sec. 98.001. LIMITATION ON RIGHT TO DO BUSINESS AS SAVINGS BANK.


Tex. Finance Code Sec. 98.002. APPLICATION OF LAW AND RULES. This subtitle and each rule adopted under this subtitle apply to the operations in this state of a foreign savings bank and may be enforced by the commissioner.


Tex. Finance Code Sec. 98.003. CONTRACTS CONSTRUED UNDER LAW OF THIS STATE. A contract between a foreign savings bank and a resident of this state is governed by the laws of this state.


Tex. Finance Code Sec. 98.004. FEDERAL SAVINGS BANK. A federal savings bank is not a foreign corporation or foreign savings bank for purposes of this subtitle.


Tex. Finance Code Sec. 98.005. AUTHORIZATION TO RETAIN OFFICES. A federal savings bank that has been merged, consolidated, or converted into a domestic or foreign savings bank or association is entitled to retain any authorized office under the terms provided for a foreign savings bank under Subchapter I, Chapter 92.


Tex. Finance Code Sec. 98.101. POWERS OF FOREIGN SAVINGS BANK; ELIGIBILITY OF ACCOUNTS FOR INVESTMENT.


Tex. Finance Code Sec. 98.201. RENEWAL OF CERTIFICATE. A foreign savings bank may renew a certificate of authority issued under Subchapter I, Chapter 92, by paying a renewal fee in January of each year. The finance commission by resolution shall set the fee annually.


Tex. Finance Code Sec. 98.202. REVOCATION OF CERTIFICATE.


Tex. Finance Code Sec. 98.301. FREQUENCY OF EXAMINATION. A foreign savings bank holding a certificate of authority issued under Subchapter I, Chapter 92, may be examined not more than once each year.


Tex. Finance Code Sec. 98.302. EXAMINATION CHARGES. A foreign savings bank holding a certificate of authority issued under Subchapter I, Chapter 92, shall pay:


Tex. Finance Code Sec. 98.303. AGREEMENT WITH REGULATORY AUTHORITY OF OTHER STATE.


Tex. Finance Code Sec. 98.304. COMMISSIONER'S AUTHORITY TO ISSUE ORDERS. The commissioner may issue an order against a foreign savings bank holding a certificate of authority in the same manner provided by Chapter 96 for issuance of an order against a domestic savings bank.


§362. Automatic stay


§523. Exceptions to discharge


§101. Definitions In this title the following definitions shall apply:


§541. Property of the estate


§547. Preferences


§522. Exemptions


§727. Discharge


§105. Power of court


§363. Use, sale, or lease of property


§365. Executory contracts and unexpired leases


§502. Allowance of claims or interests


§506. Determination of secured status (a)(1) An allowed claim of a creditor secured by a lien on property in which the estate has an interest, or that is subject to setoff under section 553 of this title, is a secured claim to the extent of the value of such creditor's interest in the estate's interest in such property, or to the extent of the amount subject to setoff, as the case may be, and is an unsecured claim to the extent that the value of such creditor's interest or the amount so subject to setoff is less than the amount of such allowed claim. Such value shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property, and in conjunction with any hearing on such disposition or use or on a plan affecting such creditor's interest.


§110. Penalty for persons who negligently or fraudulently prepare bankruptcy petitions


§544. Trustee as lien creditor and as successor to certain creditors and purchasers


§548. Fraudulent transfers and obligations (a)(1) The trustee may avoid any transfer (including any transfer to or for the benefit of an insider under an employment contract) of an interest of the debtor in property, or any obligation (including any obligation to or for the benefit of an insider under an employment contract) incurred by the debtor, that was made or incurred on or within 2 years before the date of the filing of the petition, if the debtor voluntarily or involuntarily-


§524. Effect of discharge


§701. Interim trustee (a)(1) Promptly after the order for relief under this chapter, the United States trustee shall appoint one disinterested person that is a member of the panel of private trustees established under section 586(a)(1) of title 28 or that is serving as trustee in the case immediately before the order for relief under this chapter to serve as interim trustee in the case.


§507. Priorities


§1129. Confirmation of plan


§1101. Definitions for this chapter In this chapter-


§108. Extension of time


§503. Allowance of administrative expenses


§1107. Rights, powers, and duties of debtor in possession


§1325. Confirmation of plan


§1141. Effect of confirmation


§501. Filing of proofs of claims or interests


§521. Debtor's duties


§104. Adjustment of dollar amounts


§1322. Contents of plan


§550. Liability of transferee of avoided transfer


§107. Public access to papers


§109. Who may be a debtor


§554. Abandonment of property of the estate


§303. Involuntary cases


§704. Duties of trustee


§546. Limitations on avoiding powers


§330. Compensation of officers (a)(1) After notice to the parties in interest and the United States Trustee and a hearing, and subject to sections 326, 328, and 329, the court may award to a trustee, a consumer privacy ombudsman appointed under section 332, an examiner, an ombudsman appointed under section 333, or a professional person employed under section 327 or 1103-


§301. Voluntary cases


§103. Applicability of chapters


§106. Waiver of sovereign immunity


§510. Subordination


§542. Turnover of property to the estate


§1112. Conversion or dismissal


§1123. Contents of plan


§549. Postpetition transactions


§726. Distribution of property of the estate


§327. Employment of professional persons


§505. Determination of tax liability (a)(1) Except as provided in paragraph (2) of this subsection, the court may determine the amount or legality of any tax, any fine or penalty relating to a tax, or any addition to tax, whether or not previously assessed, whether or not paid, and whether or not contested before and adjudicated by a judicial or administrative tribunal of competent jurisdiction.


§102. Rules of construction In this title-


§323. Role and capacity of trustee


§341. Meetings of creditors and equity security holders


§553. Setoff


§1328. Discharge


§707. Dismissal of a case or conversion to a case under chapter 11 or 13


§350. Closing and reopening cases


§1104. Appointment of trustee or examiner


§1109. Right to be heard


§1327. Effect of confirmation


§1125. Postpetition disclosure and solicitation


§1307. Conversion or dismissal


§364. Obtaining credit


§1126. Acceptance of plan


§1301. Stay of action against codebtor


§1306. Property of the estate


§1113. Rejection of collective bargaining agreements


§348. Effect of conversion


§525. Protection against discriminatory treatment


§722. Redemption An individual debtor may, whether or not the debtor has waived the right to redeem under this section, redeem tangible personal property intended primarily for personal, family, or household use, from a lien securing a dischargeable consumer debt, if such property is exempted under section 522 of this title or has been abandoned under section 554 of this title, by paying the holder of such lien the amount of the allowed secured claim of such holder that is secured by such lien in full at the time of redemption. ( Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2606 ; Pub. L. 109–8, title III, §304(2), Apr. 20, 2005, 119 Stat. 79 .)


§702. Election of trustee


§1146. Special tax provisions


§349. Effect of dismissal


§328. Limitation on compensation of professional persons


§361. Adequate protection When adequate protection is required under section 362, 363, or 364 of this title of an interest of an entity in property, such adequate protection may be provided by-


§329. Debtor's transactions with attorneys


§1111. Claims and interests


§552. Postpetition effect of security interest


§706. Conversion


§1121. Who may file a plan


§1102. Creditors' and equity security holders' committees (a)(1) Except as provided in paragraph (3), as soon as practicable after the order for relief under chapter 11 of this title, the United States trustee shall appoint a committee of creditors holding unsecured claims and may appoint additional committees of creditors or of equity security holders as the United States trustee deems appropriate.


§1329. Modification of plan after confirmation


§1127. Modification of plan


§742. Effect of section 362 of this title in this subchapter Notwithstanding section 362 of this title, SIPC may file an application for a protective decree under the Securities Investor Protection Act of 1970. The filing of such application stays all proceedings in the case under this title unless and until such application is dismissed. If SIPC completes the liquidation of the debtor, then the court shall dismiss the case. ( Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2613 ; Pub. L. 97–222, §9, July 27, 1982, 96 Stat. 237 ; Pub. L. 103–394, title V, §501(d)(26), Oct. 22, 1994, 108 Stat. 4146 .)


§1103. Powers and duties of committees


§1124. Impairment of claims or interests Except as provided in section 1123(a)(4) of this title, a class of claims or interests is impaired under a plan unless, with respect to each claim or interest of such class, the plan-


§545. Statutory liens The trustee may avoid the fixing of a statutory lien on property of the debtor to the extent that such lien-


§305. Abstention


§528. Requirements for debt relief agencies


§1225. Confirmation of plan


§1122. Classification of claims or interests


§326. Limitation on compensation of trustee


§511. Rate of interest on tax claims


§721. Authorization to operate business The court may authorize the trustee to operate the business of the debtor for a limited period, if such operation is in the best interest of the estate and consistent with the orderly liquidation of the estate. ( Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2606 .)


§766. Treatment of customer property


§741. Definitions for this subchapter In this subchapter-


§1326. Payments (a)(1) Unless the court orders otherwise, the debtor shall commence making payments not later than 30 days after the date of the filing of the plan or the order for relief, whichever is earlier, in the amount-


§1106. Duties of trustee and examiner


§543. Turnover of property by a custodian


§724. Treatment of certain liens


§1142. Implementation of plan


§1321. Filing of plan The debtor shall file a plan. ( Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2648 .)


§324. Removal of trustee or examiner


§1144. Revocation of an order of confirmation On request of a party in interest at any time before 180 days after the date of the entry of the order of confirmation, and after notice and a hearing, the court may revoke such order if and only if such order was procured by fraud. An order under this section revoking an order of confirmation shall-


§1108. Authorization to operate business Unless the court, on request of a party in interest and after notice and a hearing, orders otherwise, the trustee may operate the debtor's business. ( Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2629 ; Pub. L. 98–353, title III, §504, July 10, 1984, 98 Stat. 384 .)


§1110. Aircraft equipment and vessels (a)(1) Except as provided in paragraph (2) and subject to subsection (b), the right of a secured party with a security interest in equipment described in paragraph (3), or of a lessor or conditional vendor of such equipment, to take possession of such equipment in compliance with a security agreement, lease, or conditional sale contract, and to enforce any of its other rights or remedies, under such security agreement, lease, or conditional sale contract, to sell, lease, or otherwise retain or dispose of such equipment, is not limited or otherwise affected by any other provision of this title or by any power of the court.


§1302. Trustee


§307. United States trustee The United States trustee may raise and may appear and be heard on any issue in any case or proceeding under this title but may not file a plan pursuant to section 1121(c) of this title. (Added Pub. L. 99–554, title II, §205(a), Oct. 27, 1986, 100 Stat. 3098 .)


§1303. Rights and powers of debtor Subject to any limitations on a trustee under this chapter, the debtor shall have, exclusive of the trustee, the rights and powers of a trustee under sections 363(b), 363(d), 363(e), 363(f), and 363(l), of this title. ( Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2646 .)


§1501. Purpose and scope of application


§1114. Payment of insurance benefits to retired employees


§302. Joint cases


§551. Automatic preservation of avoided transfer Any transfer avoided under section 522, 544, 545, 547, 548, 549, or 724(a) of this title, or any lien void under section 506(d) of this title, is preserved for the benefit of the estate but only with respect to property of the estate. ( Pub. L. 95–598, Nov. 6, 1978, 92 Stat. 2602 .)