Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007 Page: 7,800
7777-8060 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
A check verification entity must notify the department of any change in
the registration information provided to the department not later than
the 30th day after the date of the 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 October 19,
2007.
TRD-200705022
A. Kaylene Ray
General Counsel
Texas Department of Banking
Proposed date of adoption: December 14, 2007
For further information, please call: (512) 475-1300
SUBCHAPTER C. RESPONSIBILITIES OF
THE BANKING COMMISSIONER
7 TAC 35.31
New 35.31 is proposed under the authority of Business &
Commerce Code 35.595, which requires a financial institution
to submit information reported by victims of an offense under
Section 32.51 to the system established by the commissioner;
Finance Code 11.309(b), which requires the Commission to
adopt rules requiring entities to register with the commissioner,
authorizes the commissioner to charge a fee for registration,
and establishes the system; and Finance Code 31.003, which
allows the Commission to adopt rules to accomplish the pur-
poses of the Texas Banking Act and Chapters 11, 12, and 13.
Finance Code, Chapter 11, Business & Commerce Code, Chap-
ter 35, and Penal Code, Chapter 32, are affected by proposed
Chapter 35.
35.31. What is the banking commissioner required to do with respect
to the electronic notification system?
(a) The banking commissioner is required to establish an elec-
tronic notification system, through secure email or another secure sys-
tem, to be used by a financial institution to notify check verification
entities as required by Section 35.595, Business & Commerce Code.
(b) The department will maintain the electronic notification
system for financial institutions to use to transmit the required infor-
mation to check verification entities, but the department:
(1) will not verify the accuracy, validity, or completeness of
any information transmitted through the electronic notification system;
and
(2) is not furnishing the information to the check verifica-
tion entities.
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 October 19,
2007.
TRD-200705023A. Kaylene Ray
General Counsel
Texas Department of Banking
Proposed date of adoption: December 14, 2007
For further information, please call: (512) 475-1300
SUBCHAPTER D. PROCEDURE FOLLOWING
A CUSTOMER REPORT OF AN OFFENSE
UNDER SECTION 32.51, PENAL CODE
7 TAC 35.51 - 35.59
New 35.51 - 35.59 are proposed under the authority of Busi-
ness & Commerce Code 35.595, which requires a financial in-
stitution to submit information reported by victims of an offense
under Section 32.51 to the system established by the commis-
sioner; Finance Code 11.309(b), which requires the Commis-
sion to adopt rules requiring entities to register with the commis-
sioner, authorizes the commissioner to charge a fee for regis-
tration, and establishes the system; and Finance Code 31.003,
which allows the Commission to adopt rules to accomplish the
purposes of the Texas Banking Act and Chapters 11, 12, and 13.
Finance Code, Chapter 11, Business & Commerce Code, Chap-
ter 35, and Penal Code, Chapter 32, are affected by proposed
Chapter 35.
35.51. What is an offense under Section 32.51, Penal Code?
Generally, a person commits an offense under 32.51, Penal Code, if
the person, with the intent to harm or defraud another, obtains, pos-
sesses, transfers, or uses:
(1) identifying information of another person without the
other person's consent; or
(2) without legal authorization, information concerning a
deceased person that would be identifying information of that person
were that person alive.
35.52. What must a financial institution or check verification entity
do when a person reports to it that the person was the victim of an
offense under Section 32.51, Penal Code?
(a) When a customer reports to a financial institution that they
have been the victim of an offense under Section 32.51, Penal Code, the
financial institution is encouraged to provide the customer with a sworn
statement form under Section 35.595(b)(2), Business & Commerce
Code, and a written authorization form under Section 35.595(b)(3).
(b) When a person reports to a check verification entity that
they have been the victim of an offense under Section 32.51, Penal
Code, the check verification entity is encouraged to provide the person
with a sworn statement form under Section 35.595(e)(2)(B), Business
& Commerce Code.
(c) If a person agrees to receive the documents described in
subsection (a) or (b) of this section in a particular electronic format
or on the Internet, a financial institution or check verification entity
may provide the documents to the person electronically or by providing
the person with the URL address of the webpage where the forms are
located:
(1) on the website of the financial institution or check ver-
ification entity; or
(2) on the department's website.32 TexReg 7800 November 2, 2007 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007, periodical, November 2, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97421/m1/22/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.