Texas Register, Volume 48, Number 52, Pages 8063-8476, December 29, 2023 Page: 8,079

                                
or denying of the application has been exceeded. The decision on the
appeal shall be based on the written appeal filed by the applicant, any
response by the department, and any agreements between the parties.
The banking commissioner may convene a hearing to take evidence on
the matter.
(e) (No change.)
15.7. Submission ofDocuments and Reproductions.
(a) Scope. This section governs submission of [spec-ified
forms ofcopies ofo4ginal] documents to the department, [Texas De-
parent of Bankng(he deparent )] for processing by the corporate
activities division of the department, pursuant to this chapter, and
does not permit, prohibit, or affect correspondence with or documents
submitted to, the department for another purpose, including:
(1) applications submitted to the non-depository supervi-
sion [specia4 audits] division of the department; and
(2) documents submitted to the department as required or
permitted by Government Code, Chapter 2001, and Chapter 9 of this
title (relating to Rules of Procedure for Contested Case Hearings, Ap-
peals, and Rulemakings).
(b) Reproduction. For purposes of this section, the term repro-
duction means:
(1) a photographic or photostatic copy or similar reproduc-
tion of an original document that is submitted to the department by mail
or hand delivery;
(2) a facsimile copy of an original document submitted by
telephonic document transmission to the fax number specified by the
department; or
(3) if permitted by the department with respect to a spe-
cific filing, an electronic copy of an original document submitted by
electronic means as authorized [to the email address spec-ified] by the
department.
(c) (No change.)
(d) Page limitations. A document [reproduction] submitted by
telephonic document transmission to the department's fax machine may
not exceed 25 pages in total length, including the transmittal document
required by subsection (e) of this section, or it will be rejected for filing.
The transmission of portions of any particular filing at different times
is treated as one reproduction for purposes of this subsection.
(e) (No change.)
(f) Time of receipt. To be considered received by the de-
partment, a document [reproduction] must be in clearly legible form.
Documents submitted by mail or hand delivery must be delivered
during regular business hours of the department. For documents
submitted by mail or hand delivery, the date and time the submission is

actually received by the department will determine the time of receipt.
For reproductions submitted by telephonic document transmission,
[er] the date and time imprinted by the department's fax machine on
the last page of a reproduction submitted by telephonic document
transfer will determine the time of receipt. [, provided that a] For
reproductions submitted by email, the date and time reflected by the
department's email system will determine the time of receipt. Any
document reproductionn] received after 4:30 p.m. on a business day,
or on a non-business day, is considered received at 8:00 a.m. on the
next business day. A document reproductionn] will not be considered
received until the department receives the entire document and the
required filing fee, if any.
(g) (No change.)

The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on December 15,
2023.
TRD-202304817
Robert K. Nichols, Ill
General Counsel
Texas Department of Banking
Earliest possible date of adoption: January 28, 2024
For further information, please call: (512) 475-1382
SUBCHAPTER F. APPLICATIONS FOR
MERGER, CONVERSION, AND PURCHASE OR
SALE OF ASSETS
7 TAC 15.103
The Finance Commission of Texas (the commission), on behalf
of the Texas Department of Banking (the department), proposes
to amend Subchapter F of Chapter 15 of Title 7 of the Texas
Administrative Code, 15.103, concerning corporate activities by
state banks. The amended rule is proposed to conform the rule
to changes in applicable federal regulation.
Subchapter F of Chapter 15 governs applications for merger,
conversion, or purchase of assets relating to state banks subject
to the Texas Finance Code (Finance Code). Section 15.103 per-
mits expedited filings for these applications if they relate to "well
capitalized" state banks as defined under federal regulation. The
citation in 15.103 to this federal regulation is no longer correct
and needs to be updated. Rather citing the current federal reg-
ulation, the underlying federal statute defining "well capitalized"
can be cited instead. Changing this citation would not materially
change the substance of this rule. In addition, state banks are
already subject to these federal regulatory standards.
Daniel Frasier, Director of Corporate Activities and Financial In-
novation, has determined that forthe first five years the proposed
amended rule is in effect, there will be no foreseeable increases
or reductions in costs or other fiscal implications to state or local
government as a result of enforcing or administering the rule as
amended.
Director Frasier has further determined that for the first five years
the proposed amended rule is in effect, the public benefit antici-
pated from enforcing the rules is ensuring that the Finance Code
corporate activities requirements will be enforced for the bene-

fit of banks and their constituents in a manner that is clear and
not unnecessarily complex, and consistent with applicable fed-
eral regulations.
Director Frasier has also determined that for the first five years
the proposed amended rule is in effect the economic costs to
persons required to comply with the rule as proposed will be
unchanged from the costs required under this rule as it currently
exists.
In addition, Director Frasier has determined that for the first five
years the proposed amended rule is in effect, the rule will not:
create or eliminate a government program; require the creation
of new department employee positions or the elimination of exist-
ing agency employee positions; require an increase or decrease

PROPOSED RULES December 29, 2023 48 TexReg 8079