Texas Register, Volume 48, Number 52, Pages 8063-8476, December 29, 2023 Page: 8,080

                                
in future legislative appropriations to the department; require an
increase or decrease in fees paid to the department; create a
new regulation; or increase or decrease the number of individu-
als subject to the rule's applicability.
Finally, Director Frasier has determined that there will be no ad-
verse economic effect on small businesses, micro-businesses,
or rural communities from the proposed amended rule and no
difference in the cost of compliance for these entities.
To be considered, comments on the proposed amendment must
be submitted to the department in writing no later than 5:00
p.m. on January 29, 2024. Comments should be addressed
to General Counsel, Texas Department of Banking, Legal Di-
vision, 2601 North Lamar Boulevard, Suite 300, Austin, Texas
78705-4294. Comments may also be submitted by email to
legal@dob.texas.gov.
This proposal is made under the authority of Finance Code
11.301 which authorizes the commission to adopt rules ap-
plicable to state banks, and Finance Code, 31.003, which
authorizes the commission to adopt rules necessary to preserve
or protect the safety and soundness of state banks.
This proposal affects the statutes administered and enforced by
the department's commissioner with respect to state banks, con-
tained in Finance Code, Subtitle A. No other statute is affected
by this proposal.
15.103. Expedited Filings.
(a) (No change.)
(b) An expedited filing consists of a letter application includ-
ing, except to the extent waived by the banking commissioner, these
items:
(1) a summary of the transaction;
(2) a current pro forma balance sheet and income statement
for all parties to the transaction, with adjustments, reflecting the pro-
posed transaction as of the most recent quarter ended immediately prior
to the filing of the application, demonstrating that each resulting state
bank is well capitalized as defined in Section 38, Federal Deposit Insur-
ance Act, 12 USC 1831 o[4-2Cede of Federal Relations -25-1483];
(3) a completed Worksheet to Determine Eligibility form
as prescribed by the commissioner;
(4) a completed Worksheet for Expedited Filings form as
prescribed by the commissioner;
(5) an executed opinion of counsel conforming to the re-
quirements of the section of this subchapter that would apply had the
applicant not filed an expedited filing;
(6) copies of all other required regulatory notices or filings

submitted concerning the transaction; and
(7) a copy of the public notice published in conformity with
the section of this subchapter that would apply had the applicant not
filed an expedited filing.
(c) (No change.)
(d) The banking commissioner, in the exercise of discretion,
may withdraw an application from expedited processing or may deny
expedited filing treatment to an otherwise eligible applicant if the bank-
ing commissioner finds that the application involves one or more of
these issues:
(1) the proposedtransaction involves significantpolicy, su-
pervisory, or legal issues;

(2) approval of the proposed transaction is contingent on
additional statutory or regulatory approval by the banking commis-
sioner or another state or federal regulatory agency;
(3) the proposed transaction contemplates a resulting entity
that is not a financial institution;
(4) the proposedtransaction involves afinancial institution
or other entity that is not domiciled in Texas;
(5) the proposed transaction would cause the assets of a
resulting state bank to increase more than:
(A) 100% if it had total assets of one billion dollars or
less prior to the transaction; or
(B) 35% if it had total assets of more than one billion
dollars prior to the proposed transaction;
(6) the proposed transaction involves a state bank that has
experienced, since the last commercial examination by a state or fed-
eral regulatory agency, asset growth, through acquisition or otherwise,
greater than:
(A)  100% if it had total assets of one billion dollars or
less at the last examination; or
(B) 35% if it had total assets of more than one billion
dollars at the last examination;
(7) the proposed transaction involves a resulting state bank
that would not be well capitalized as defined in Section 38, Federal
Deposit Insurance Act, 12 USC 183to [12 CFR 3-25-403];
(8) the proposed transaction involves an issue of regulatory
concern as determined by the banking commissioner in the exercise of
discretion; or
(9) the banking commissioner determines that a conversion
examination is necessary for financial institutions converting into a
state bank.
(e) - (f) (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-202304818
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 G. CHARTER AMENDMENTS
AND CERTAIN CHANGES IN OUTSTANDING
STOCK
7 TAC 15.121, 15.122
The Finance Commission of Texas (the commission), on behalf
of the Texas Department of Banking (the department), proposes
to amend Subchapter G of Chapter 15 of Title 7 of the Texas
Administrative Code, 15.121 and 15.122, concerning corpo-
rate activities by state banks. The amendments are proposed

48 TexReg 8080 December 29, 2023 Texas Register