Texas Finance Code 61.002 – Definitions
Terms Used In Texas Finance Code 61.002
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
In this subtitle:
(1) “Appropriate banking agency”:
(A) means:
(i) with respect to a savings bank chartered by this state, the Department of Savings and Mortgage Lending;
(ii) with respect to a federal savings bank, the Office of the Comptroller of the Currency;
(iii) with respect to a savings and loan association chartered by this state, the Department of Savings and Mortgage Lending;
(iv) with respect to a federal savings and loan association, the Office of the Comptroller of the Currency;
(v) with respect to a bank chartered by this state, the Texas Department of Banking;
(vi) with respect to a national bank, the Office of the Comptroller of the Currency; and
(vii) with respect to a bank, savings bank, or savings and loan association chartered by another state, the chartering agency; and
(B) includes:
(i) in each case in which a state bank is a member of the Federal Reserve System, the board of governors of the Federal Reserve System;
(ii) in each case where required by the Federal Deposit Insurance Act (12 U.S.C. § 1811 et seq.), the Federal Deposit Insurance Corporation; and
(iii) any successor of a state or federal agency specified by this subdivision.
(1-a) “Association” means a savings and loan association subject to this subtitle.
(2) “Board” means the board of directors of an association.
(3) “Capital stock” means the units into which the proprietary interest in a capital stock association is divided.
(4) “Capital stock association” means an association authorized to issue capital stock.
(5) “Commissioner” means the savings and mortgage lending commissioner.
(6) “Company” means a corporation, partnership, trust, joint-stock company, association, unincorporated organization, or other similar entity or a combination of any of those entities acting together.
(7) “Domestic association” means a savings and loan association organized under the laws of this state.
(8) “Earnings on savings accounts” means interest contractually payable or dividends declared payable to holders of savings accounts in an association.
(9) “Federal association” means a savings and loan association incorporated under the Home Owners’ Loan Act (12 U.S.C. § 1461 et seq.).
(10) “Finance commission” means the Finance Commission of Texas.
(11) “Foreign association” means a savings and loan association:
(A) organized under the laws of:
(i) a state or territory of the United States other than this state; or
(ii) the United States; and
(B) the principal office of which is located outside this state.
(12) “Loss reserves” means the aggregate amount of the reserves allocated by an association solely to absorb losses.
(13) “Member” means, with respect to a mutual association, a person:
(A) holding a savings account with the mutual association;
(B) assuming or obligated on a loan in which the mutual association has an interest; or
(C) owning property that secures a loan in which the mutual association has an interest.
(14) “Mutual association” means an association not authorized to issue capital stock.
(15) “Savings account” means the amount of money an association owes an account holder as the result of the deposit of funds in the association.
(16) “Savings and loan association” means an association the primary purposes of which are to promote thrift and home financing and the principal activity of which is the lending of money secured by liens on homes and other improved real property.
(17) “Savings and loan holding company” means a company that directly or indirectly controls a savings and loan association or controls another company that directly or indirectly controls a savings and loan association.
(18) “Savings liability” means the aggregate amount of money shown by the books of the association to be owed to the association’s account holders.
(19) “Shareholder” means the owner of capital stock.
(20) “Surplus” means the aggregate amount of:
(A) the undistributed earnings of an association held as undivided profits or unallocated reserves for general corporate purposes; and
(B) paid-in surplus held by the association.
(21) “Unsafe and unsound practice” means an action or inaction in the operation of an association that is likely to:
(A) cause insolvency or substantial dissipation of assets or earnings; or
(B) reduce the ability of the association to satisfy on time withdrawal requests of savings account holders.
(22) “Withdrawal value of a savings account” means the net amount of money that may be withdrawn by an account holder from a savings account.