Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,851
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participants in accordance with the Finance Code, 32.501(b), and the
Texas Business Organizations Code [Corporation Act];
(B) - (C) (No change.)
(6) (No change.)
(7) an explanation of compliance with the provisions of the
Texas Business Organizations Code [Corporation Act] relating to rights
of dissenting shareholders or participants; and
(8) (No change.)
(c) Notices, publication, and certificate of authority.
(1) (No change.)
(2) With respect to an interstate merger application, the
banking commissioner must determine whether the notice required by
the successor regulatory authority is considered adequate notice in ac-
cordance with Finance Code, 32.501(c)(2). The applicant must in-
form the department of the publication requirements in the host state
of the acquiring financial institution for the banking commissioner to
determine, pursuant to 15.5(e) of this title [(relating to Public Notice)],
whether those requirements satisfy the publication requirements of this
(3) (No change.)
(d) (No change.)
15.108. Conversion of a Financial Institution into a State Bank.
(a) - (c) (No change.)
(d) Public notice. Within 14 days prior to or 14 days after
submission of an initial application under this section, the applicant
must publish notice in accordance with 15.5 of this title (relating to
Public Notice) in the specified communities where the home office of
the applicant is located, and where the home office of the proposed state
bank will be located, if different. With respect to a conversion of an
out-of-state financial institution into a Texas state bank, the applicant
must inform the department of the publication requirements in the host
state for the banking commissioner to determine, pursuant to 15.5(e)
of this title [(relating to Public Notice)], whether those requirements
satisfy the publication requirements of this subsection.
(e) (No change.)
15.110. Rights ofDissenting Shareholders.
The rights of dissenting shareholders or participants to a merger, share
exchange, or conversion under this subchapter are governed by the
Finance Code, 32.303, and the Texas Business Organizations Code
[Corporation Act] or other applicable law relating to the rights of dis-
senters, and applicants must provide evidence of compliance with or
inapplicability of these provisions of law.
15.113. Approval; Conditional Approval; Denial of Application;
(a) Approval, conditional approval, or denial. Except for ex-
pedited filings and applications for change of control governed by Fi-
nance Code, 33.003, [governed by 1 ~M8 f this title (reati ng to
Expedited F ilings)] the banking commissioner will approve or deny
an application [filed under this subhapter] on or before a date that is
60 days after the date the application is accepted for filing pursuant
to 15.4 of this title (relating to Required Information and Abandoned
Filings). Provided, however, that the banking commissioner shall have
the discretion to extend the timeframe for processing any application,
if one of the conditions listed in 15.103(d) of this title (relating to Ex-
pedited Filings) exists.
(b) - (e) (No change.)
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 August 17, 2012.
A. Kaylene Ray
Texas Department of Banking
Proposed date of adoption: October 19, 2012
For further information, please call: (512) 475-1300
PART 5. OFFICE OF CONSUMER
CHAPTER 84. MOTOR VEHICLE
The Finance Commission of Texas (commission) proposes
amendments to 7 TAC Chapter 84, 84.102, 84.105, 84.203,
84.204, 84.205, 84.301, 84.308, 84.504, 84.601, 84.602,
84.603, 84.604, 84.605, 84.607, 84.608, 84.609, 84.610,
84.611, 84.613, 84.614, 84.702, 84.704, 84.705, 84.706,
84.707, 84.708, 84.709, 84.801, 84.802, 84.803, 84.805, and
84.806, concerning Motor Vehicle Installment Sales. The pro-
posed amendments affect rules contained in Subchapter A,
concerning General Provisions; Subchapter B, concerning Re-
tail Installment Contract; Subchapter C, concerning Insurance
and Debt Cancellation Agreements; Subchapter E, concerning
Holder's Rights, Duties, and Limitations; Subchapter F, con-
cerning Licensing; Subchapter G, concerning Examinations;
and Subchapter H, concerning Retail Installment Sales Contract
The majority of the rules in Chapter 84 are being amended. Any
Chapter 84 rule not included in this proposal will be maintained
in its current form.
In general, the purpose of the amendments to 7 TAC Chapter 84
is to implement changes resulting from the commission's review
of the chapter under Texas Government Code, 2001.039. The
notice of intention to review 7 TAC Chapter 84 was published
in the August 10, 2012, issue of the Texas Register (37 TexReg
6097). If any comments are received on the notice of intention to
review, the agency will address those comments in conjunction
with the adoption of this proposal. The agency circulated an early
draft of these proposed changes to interested stakeholders and
has incorporated certain revisions to address issues raised by
Most of the changes are technical in nature and relate to im-
provements in consistency, grammar, punctuation, capitaliza-
tion, and formatting. Additional changes provide clarification,
more precise legal citations, and improved references to other
state agencies. These technical corrections have been modeled
after improvements made during the rule review of Chapter 89,
Property Tax Lenders. The major formatting changes serve to
implement streamlining improvements in the licensing process
similar to those used for the newly licensed credit access busi-
PROPOSED RULES August 31, 2012 37 TexReg 6851
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth253227/m1/33/: accessed July 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.