Texas Register, Volume 38, Number 27, Pages 4243-4444, July 5, 2013 Page: 4,252
4243-4444 p. ; 28 cm.View a full description of this periodical.
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ual owes past-due support and contact information for that State. If the
match identifies an individual subject to a child support order being en-
forced by the CSD, the life insurance company may either contact the
CSD or await notice from the CSD concerning the match.
(h) Apart from life insurance claims, the OCSE Debt Inquiry
Services portal does not provide enough information to satisfy the in-
surance data match requirements under this subchapter.
55.605. Protection from Liability; Remittance of Funds.
(a) An insurer that provides information required by this sub-
chapter or acts in good faith to comply with procedures established by
the CSD for the operation of the program under this subchapter, includ-
ing the remittance of funds as specified under this rule, or [or otherwise]
responds to a notice of child support lien or levy under Texas Family
Code Chapter 157, Subchapter G, [Subchapter G, hapter 57T or aets
in good faith to comply with procedures established in the program
under 4231 .0 15] is not liable for those acts under any law to any per-
son; including, but not limited to, any claims asserted under Chapter
541, [or] Chapter 542, Chapter 601, or Chapter 602 of the Insurance
Code; Chapter 17 of the Business and Commerce Code; Chapter 181
of the Health and Safety Code; or, an action for common law bad faith.
However, an insurer who fails to comply with a child support lien, in-
cluding the remittance of funds as specified under this rule, may be
liable to the CSD as the child support lien claimant in an amount equal
to the amount of funds payable under an insurance claim, not to ex-
ceed the amount of the child support arrearages for which the lien was
issued. (See Texas Family Code 157.324.) An insurer who has ques-
tions or concerns about a child support lien, including the appropriate
remittance of funds under a policy to which the lien attaches, must con-
tact the Texas Special Collections Unit, P.O. Box 12027, Austin, Texas
78711-2027, before paying out any funds under the policy.
(b) An insurer should remit funds in satisfaction of a child sup-
port lien in one of the following ways:
(1) On [is not ables- upoen] receipt of a signed agreement
[made] between the CSD [Ghild Suppot Division of the Office of the
Attorney General] and a claimant and/or claimant's attorney, [if] the
insurer should remit [remits] the funds agreed to be paid to satisfy the
child support lien to: Texas State Disbursement Unit, Insurance Inter-
cept, P.O. Box 245996, San Antonio, Texas 78224-5996. The funds
should be made [with the remittane] payable to the Office of the At-
torney General, and the remittance should identify [documentation sub-
mittedincludes] the name of the claimant/obligor and the CSD's [TV-D]
case number(s) as shown on the Notice of Lien.
(2) If the claimant is represented by an attorney but the in-
surer has not received a copy of any signed agreement between the
attorney and the CSD, the insurer should remit all the funds directly
to the claimant's attorney and must include the Office of the Attorney
General as a co-payee and provide the Office of the Attorney General
with written notice of the data and amount of the payment sent to the
attorney.
(3) If the claimant has no attorney and the insurer has not
received a copy of any signed agreement between the claimant and the
CSD, the insurer must remit all the funds to the Texas State Disburse-
ment Unit, Insurance Intercept, P.O. Box 245996, San Antonio, Texas
78224-5996 with the funds being made payable to both the Office of
the Attorney General and the claimant and the remittance providing the
name of the claimant/obligor and the CSD's case number(s) as shown
on the Notice of Lien.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.Filed with the Office of the Secretary of State on June 24, 2013.
TRD-201302623
Katherine Cary
General Counsel
Office of the Attorney General
Earliest possible date of adoption: August 4, 2013
For further information, please call: (512) 936-1180
TITLE 7. BANKING AND SECURITIES
PART 4. TEXAS DEPARTMENT OF
SAVINGS AND MORTGAGE LENDING
CHAPTER 76. MISCELLANEOUS
SUBCHAPTER A. BOOKS, RECORDS,
ACCOUNTING PRACTICES, FINANCIAL
STATEMENTS AND RESERVES
7 TAC 76.4
The Finance Commission of Texas proposes an amendment to
7 TAC Chapter 76, Subchapter A, 76.4, concerning Financial
Statements; Annual Reports; Audits.
In general, the purpose of the amendment is to implement statu-
tory changes made by the 83rd Legislative Session to the rules
relating to state savings banks.
Douglas B. Foster, Commissioner, Texas Department of Savings
and Mortgage Lending, has determined that for the first five-year
period the amendment is in effect, there will be no fiscal implica-
tions for state government or for local government as a result of
enforcing or administering this rule.
Commissioner Foster has determined that for each year of the
first five years the amendment is in effect, the public benefit an-
ticipated as a result of the proposed amendment will be clarifica-
tion and implementation of the statute. There will be no effect on
individuals required to comply with the amendment as proposed.
There will be no adverse economic effect on small or micro busi-
nesses.
Comments on the proposed amendment may be submit-
ted in writing to Caroline C. Jones, General Counsel, Texas
Department of Savings and Mortgage Lending, 2601 North
Lamar, Suite 201, Austin, Texas 78705; or by email to sm-
linfo@sml.texas.gov within 30 days of this publication in the
Texas Register.
The amendment is proposed under Finance Code, 11.302 and
92.201, which grants rulemaking authority to the Finance Com-
mission of Texas.
The statutory provisions affected by the proposed amendment
are contained in Finance Code, Chapters 91, 92, 93, 96 and 97.
76. 4. Financial Statements; Annual Reports; Audits.
1(a) freMc f each yea each savings bank shal stb-
mit a state~t of condition (btalance ct) as of the last bi-~fess dy
of December of the preceding year to the eemmissioner upon a form
to be prescribed and furnished by the commissioner ]
(a) [(b)] For safety and soundness purposes, within 90 days of
its fiscal year end, each savings bank is required to have an independent
audit of its financial statements. The audit is to be performed in accor-38 TexReg 4252 July 5, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 27, Pages 4243-4444, July 5, 2013, periodical, July 5, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth326801/m1/10/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.