Part 6.
CREDIT UNION DEPARTMENT
Chapter 91.
CHARTERING, OPERATIONS, MERGERS, LIQUIDATIONS
Subchapter J. CHANGES IN CORPORATE STATUS
7 TAC §91.1004
The Texas Credit Union Commission adopts the amendments to §91.1004,
concerning conversion of charter without changes to the text published in
the November 29, 2002, issue of the
Texas Register
(27 TexReg 11013) and will not be republished.
The amendment clarifies that a credit union may convert to another type
of financial institution under either a state or federal charter.
No comments were received on the proposal.
The amendments are adopted under the provisions of the Texas
Finance Code §15.402 that authorizes the Credit Union Commission to adopt
rules for administering the Texas Credit Union Act (Texas Finance Code, Title
3, Subtitle D).
The specific sections affected by these adopted rules are the Texas Finance
Code §§122.201, 122.202, and 122.203.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2003.
TRD-200300851
Harold E. Feeney
Commissioner
Credit Union Department
Effective date: February 24, 2003
Proposal publication date: November 29, 2002
For further information, please call: (512) 837-9236
Subchapter B. GENERAL RULES
7 TAC §93.201
The Texas Credit Union Commission adopts the amendments to §93.201
concerning party status without changes to the text published in the November
29, 2002 issue of the
Texas Register
(27
Tex Reg 11013).
The amendment provides that a party in a contested case is entitled to
an opportunity for hearing after reasonable notice of not less than 10 days
and the party may respond and present evidence and argument on each issue
involved in a case.
No comments were received on the proposal.
The amendment to the rule is proposed as a result of the general rule review
mandated by the Government Code and General Appropriations Act. (Both contain
provisions requiring state agencies to review and consider for readoption
each of their rules every four years). Notice of Intention to Review Chapter
93 rules was published in the
Texas Register
on
August 9, 2002 (27 TexReg 7199) for the purpose of accepting public comment.
The amendments are adopted under the provisions of the Texas
Finance Code §15.402 that authorizes the Credit Union Commission to adopt
rules for administering the Texas Credit Union Act (Texas Finance Code, Title
3, Subtitle D).
The specific sections affected by these rules are the Texas Finance Code, §§122.006,
122.011, 122.153, 122.259, and 126.105.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2003.
TRD-200300838
Harold E. Feeney
Commissioner
Credit Union Department
Effective date: February 24, 2003
Proposal publication date: November 29, 2002
For further information, please call: (512) 837-9236
7 TAC §93.212
The Texas Credit Union Commission adopts the amendments to §93.212
concerning proposal for decision without changes to the text published in
the November 29, 2002 issue of the
Texas Register
(27 TexReg 11014).
One of the amendments would specifically provide that the Administrative
Law Judge (ALJ) will serve copies of the proposal for decision (PFD) and proposed
final order on all parties of record within 30 days after conclusion of the
evidence in the case. The other amendment clarifies that a ALJ shall not submit
the PFD and proposed final order to the commissioner until after the parties
have had an opportunity to file exceptions and briefs on the PFD and proposed
order.
No comments were received on the proposal.
The amendments to the rule are proposed as a result of the general rule
review mandated by the Government Code and General Appropriations Act. (Both
contain provisions requiring state agencies to review and consider for readoption
each of their rules every four years). Notice of Intention to Review Chapter
93 rules was published in the
Texas Register
on
August 9, 2002 (27 TexReg 7199) for the purpose of accepting public comment.
The amendments are adopted under the provisions of the Texas
Finance Code §15.402 that authorizes the Credit Union Commission to adopt
rules for administering the Texas Credit Union Act (Texas Finance Code, Title
3, Subtitle D).
The specific sections affected by these rules are the Texas Finance Code, §§122.006,
122.011, 122.153, 122.259, and 126.105.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2003.
TRD-200300839
Harold E. Feeney
Commissioner
Credit Union Department
Effective date: February 24, 2003
Proposal publication date: November 29, 2002
For further information, please call: (512) 837-9236
7 TAC §93.213
The Texas Credit Union Commission adopts the new §93.213
concerning representation at a hearing without changes to the text published
in the November 29, 2002 issue of the
Texas Register
(27 TexReg 11015).
The purpose of the rule is to prescribe who may represent a party at a
SOAH hearing and provides that a person appearing in a representing capacity
may be required to present proper evidence of authority, and is required to
observe proper decorum during the hearing.
No comments were received on the proposal.
The new rule is proposed as a result of the general rule review mandated
by the Government Code and General Appropriations Act. (Both contain provisions
requiring state agencies to review and consider for readoption each of their
rules every four years). Notice of Intention to Review Chapter 93 rules was
published in the
Texas Register
on August
9, 2002 (27 TexReg 7199) for the purpose of accepting public comment.
The new rule is proposed under the provisions of §15.402
of the Texas Finance Code that is interpreted to authorize the Credit Union
Commission to adopt reasonable rules necessary for administering Subtitle
D, Title 3, Texas Finance Code (Texas Credit Union Act).
The specific sections affected by this proposed rule are Texas Finance
Code §§122.007, 122.011, 122.153, 122.259, and 126.105.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2003.
TRD-200300840
Harold E. Feeney
Commissioner
Credit Union Department
Effective date: February 24, 2003
Proposal publication date: November 29, 2002
For further information, please call: (512) 837-9236
7 TAC §93.301
The Texas Credit Union Commission adopts the amendments to §93.301
concerning finality and request for SOAH hearing without changes to the text
published in the November 29 issue of the
Texas Register
(27 TexReg 11015).
The amendment clarifies that a preliminary decision of the commissioner
is withdrawn if a timely written request for hearing is filed by a party.
No comments were received on the proposal.
The amendments to the rule are proposed as a result of the general rule
review mandated by the Government Code and General Appropriations Act. (Both
contain provisions requiring state agencies to review and consider for readoption
each of their rules every four years). Notice of Intention to Review Chapter
93 rules was published in the
Texas Register
on
August 9, 2002 (27 TexReg 7199) for the purpose of accepting public comment.
The amendments are adopted under the provisions of the Texas
Finance Code §15.402 that authorizes the Credit Union Commission to adopt
rules for administering the Texas Credit Union Act (Texas Finance Code, Title
3, Subtitle D).
The specific sections affected by these rules are the Texas Finance Code, §§122.006,
122.011, and 122.153.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2003.
TRD-200300841
Harold E. Feeney
Commissioner
Credit Union Department
Effective date: February 24, 2003
Proposal publication date: November 29, 2002
For further information, please call: (512) 837-9236
7 TAC §93.303
The Texas Credit Union Commission adopts the amendments to §93.303
concerning hearings on applications to incorporate, amend bylaws, or merge
or consolidate without changes to the text published in the November 29 issue
of the
Texas Register
(27 TexReg 11016).
One of the amendments would clarify the burden of proof requirements for
the various parties in a contested case regarding an application. The other
amendment would define the term "unreasonable harm" as it relates to an overlap
of an existing credit union's field of membership.
No comments were received on the proposal.
The amendments to the rule are proposed as a result of the general rule
review mandated by the Government Code and General Appropriations Act. (Both
contain provisions requiring state agencies to review and consider for readoption
each of their rules every four years). Notice of Intention to Review Chapter
93 rules was published in the
Texas Register
on
August 9, 2002 (27 TexReg 7199) for the purpose of accepting public comment.
The amendments are adopted under the provisions of the Texas
Finance Code §15.402 that authorizes the Credit Union Commission to adopt
rules for administering the Texas Credit Union Act (Texas Finance Code, Title
3, Subtitle D).
The specific sections affected by these rules are the Texas Finance Code, §§122.006,
122.011, and 122.153.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2003.
TRD-200300842
Harold E. Feeney
Commissioner
Credit Union Department
Effective date: February 24, 2003
Proposal publication date: November 29, 2002
For further information, please call: (512) 837-9236
7 TAC §93.304
The Texas Credit Union Commission adopts the amendments to §93.304,
concerning appeals of applications for certificates of authority without changes
to the text published in the November 29, 2002, issue of the
Texas Register
(27 TexReg 11016) and will not be republished.
The amendment corrects a Texas Administrative Code cite that changes as
a result of the Credit Union Commission adopting new §91.210.
The amendments to the rule are adopted as a result of the general rule
review mandated by the Government Code and General Appropriations Act. (Both
contain provisions requiring state agencies to review and consider for readoption
each of their rules every four years). Notice of Intention to Review Chapter
93 rules was published in the
Texas Register
on
August 9, 2002 (27 TexReg 7199) for the purpose of accepting public comment.
No comments were received on the proposal.
The amendments are adopted under the provisions of the Texas
Finance Code §15.402 that authorizes the Credit Union Commission to adopt
rules for administering the Texas Credit Union Act (Texas Finance Code, Title
3, Subtitle D).
The specific section affected by this rule is the Texas Finance Code, §122.013.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2003.
TRD-200300843
Harold E. Feeney
Commissioner
Credit Union Department
Effective date: February 24, 2003
Proposal publication date: November 29, 2002
For further information, please call: (512) 837-9236
7 TAC §93.305
The Texas Credit Union Commission adopts the amendments to §93.305,
concerning appeals of applications for which no specific procedures are provided
by this title without changes to the text published in the November 29, 2002,
issue of the
Texas Register
(27 TexReg 11017)
and will not be republished.
The amendment clarifies the burden proof the applicant must prove during
the hearing.
The amendments to the rule are adopted as a result of the general rule
review mandated by the Government Code and General Appropriations Act. (Both
contain provisions requiring state agencies to review and consider for readoption
each of their rules every four years). Notice of Intention to Review Chapter
93 rules was published in the
Texas Register
on
August 9, 2002 (27 TexReg 7199) for the purpose of accepting public comment.
No comments were received on the proposal.
The amendments are adopted under the provisions of the Texas
Finance Code §15.402 that authorizes the Credit Union Commission to adopt
rules for administering the Texas Credit Union Act (Texas Finance Code, Title
3, Subtitle D).
The specific sections affected by these rules are the Texas Finance Code, §§122.201,
122.202, and 122.203.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2003.
TRD-200300844
Harold E. Feeney
Commissioner
Credit Union Department
Effective date: February 24, 2003
Proposal publication date: November 29, 2002
For further information, please call: (512) 837-9236
7 TAC §93.401
The Texas Credit Union Commission adopts the amendments to §93.401,
concerning appeals of cease and desist orders and orders of removal without
changes to the text published in the November 29, 2002, issue of the
The amendment clarifies the Department must present evidence that is sufficient
to raise a presumption of fact or to establish the fact in question unless
rebutted.
The amendments to the rule are adopted as a result of the general rule
review mandated by the Government Code and General Appropriations Act. (Both
contain provisions requiring state agencies to review and consider for readoption
each of their rules every four years). Notice of Intention to Review Chapter
93 rules was published in the
Texas Register
on
August 9, 2002 (27 TexReg 7199) for the purpose of accepting public comment.
No comments were received on the proposal.
The amendments are adopted under the provisions of the Texas
Finance Code §15.402 that authorizes the Credit Union Commission to adopt
rules for administering the Texas Credit Union Act (Texas Finance Code, Title
3, Subtitle D).
The specific sections affected by these rules are the Texas Finance Code, §§122.257
and 122.259.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2003.
TRD-200300845
Harold E. Feeney
Commissioner
Credit Union Department
Effective date: February 24, 2003
Proposal publication date: November 29, 2002
For further information, please call: (512) 837-9236
7 TAC §93.402
The Texas Credit Union Commission adopts the amendments to §93.402,
concerning stays without changes to the text published in the November 29,
2002, issue of the
Texas Register
(27 TexReg
11018) and will not be republished.
The amendments make nonsubstantive changes to the rule.
The amendments to the rule are adopted as a result of the general rule
review mandated by the Government Code and General Appropriations Act. (Both
contain provisions requiring state agencies to review and consider for readoption
each of their rules every four years). Notice of Intention to Review Chapter
93 rules was published in the
Texas Register
on
August 9, 2002 (27 TexReg 7199) for the purpose of accepting public comment.
No comments were received on the proposal.
The amendments are adopted under the provisions of the Texas
Finance Code §15.402 that authorizes the Credit Union Commission to adopt
rules for administering the Texas Credit Union Act (Texas Finance Code, Title
3, Subtitle D).
The specific section affected by this rule is the Texas Finance Code, §126.105.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2003.
TRD-200300846
Harold E. Feeney
Commissioner
Credit Union Department
Effective date: February 24, 2003
Proposal publication date: November 29, 2002
For further information, please call: (512) 837-9236
7 TAC §93.601
The Texas Credit Union Commission adopts the amendments to §93.601,
concerning motions for appeal to the commission without changes to the text
published in the November 29, 2002, issue of the
Texas Register
(27 TexReg 11019) and will not be republished.
One of the amendments modifies the timeframe for filing a motion for appeal
to comply with certain provisions of the Texas Finance Code. The other amendment
imposes a new requirement for the commission to act on a motion for appeal
within 60 days of receipt.
The amendments to the rule are adopted as a result of the general rule
review mandated by the Government Code and General Appropriations Act. (Both
contain provisions requiring state agencies to review and consider for readoption
each of their rules every four years). Notice of Intention to Review Chapter
93 rules was published in the
Texas Register
on
August 9, 2002 (27 TexReg 7199) for the purpose of accepting public comment.
No comments were received on the proposal.
The amendments are adopted under the provisions of the Texas
Finance Code §15.402 that authorizes the Credit Union Commission to adopt
rules for administering the Texas Credit Union Act (Texas Finance Code, Title
3, Subtitle D).
The specific sections affected by these rules are the Texas Finance Code, §§122.007,
122.011, 122.153, 122.259, and 126.105.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2003.
TRD-200300847
Harold E. Feeney
Commissioner
Credit Union Department
Effective date: February 24, 2003
Proposal publication date: November 29, 2002
For further information, please call: (512) 837-9236
7 TAC §93.602
The Texas Credit Union Commission adopts the amendments to §93.602,
concerning decisions by the commission without changes to the text published
in the November 29, 2002, issue of the
Texas Register
(27 TexReg 11019) and will not be republished.
One of the amendments clarifies the matters that may be considered by the
Commission which must be based upon the testimony and other evidence in the
hearing record. The other amendment authorizes the commission to take any
action, in regards to the motion for appeal, that is just and reasonable and
as permitted by applicable law.
The amendments to the rule are adopted as a result of the general rule
review mandated by the Government Code and General Appropriations Act. (Both
contain provisions requiring state agencies to review and consider for readoption
each of their rules every four years). Notice of Intention to Review Chapter
93 rules was published in the
Texas Register
on
August 9, 2002 (27 TexReg 7199) for the purpose of accepting public comment.
No comments were received on the proposal.
The amendments are adopted under the provisions of the Texas
Finance Code §15.402 that authorizes the Credit Union Commission to adopt
rules for administering the Texas Credit Union Act (Texas Finance Code, Title
3, Subtitle D).
The specific sections affected by these rules are the Texas Finance Code, §§122.007,
122.011, 122.153, 122.259, and 126.105.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2003.
TRD-200300848
Harold E. Feeney
Commissioner
Credit Union Department
Effective date: February 24, 2003
Proposal publication date: November 29, 2002
For further information, please call: (512) 837-9236
Chapter 93.
ADMINISTRATIVE PROCEEDINGS
Subchapter C. APPEALS OF PRELIMINARY DETERMINATIONS ON APPLICATIONS
Subchapter D. APPEALS OF CEASE AND DESIST ORDERS AND ORDERS OF REMOVAL
Subchapter F. APPEAL OF COMMISSIONER'S FINAL DETERMINATION TO THE COMMISSION