Words and terms used in this chapter that are defined in the Trust
Company Act, have the same meanings as defined therein. The following words
and terms, when used in this chapter, shall have the following meanings, unless
the context clearly indicates otherwise.
(1) Accepted filing--An application, request, notice, or protest
filed under the Trust Company Act, this chapter, or another rule adopted pursuant
to the Trust Company Act, for which the appropriate fee has been paid pursuant
to §21.2 of this title (relating to Filing and Investigative Fees), and
regarding which the banking commissioner has notified the person or entity
who submitted the filing, in writing, that the submission is complete and
has been accepted for filing.
(2) Additional office--A location of a trust company other
than the trust company's home office, at which the trust company engages in
the trust business.
(3) Day--A calendar day.
(4) Eligible trust company--A Texas chartered trust company
(A) possesses capital and surplus that equals or exceeds current
minimum statutory or regulatory requirements;
(B) received a satisfactory rating at the most recent examination
by the department or federal regulatory agencies;
(C) is not operating in violation of a regulatory condition
or commitment letter; and
(D) is not operating under a memorandum of understanding, determination
letter or other notice of determination, order to cease and desist, or other
state or federal administrative enforcement order.
(5) General interest items--Include, but are not limited to,
local and international news, weather, sports, features, comics, entertainment
and advertisements directed to the general public.
(6) Newspaper of general circulation--A newspaper that:
(A) devotes not less than 25% of its total column lineage to
general interest items, provided that a newspaper of general circulation does
not include a specialized newspaper or other periodical directed to a specific
interest group or occupation, such as a legal notice or court related newspaper;
(B) is published at least once a week;
(C) is entered as second class postal matter in the county
where published; and
(D) has been published regularly and continuously for at least
12 months before the applicant, protesting party or other entity publishes
notice, provided that a weekly newspaper is considered to have been published
regularly and continuously if the newspaper omits not more than three issues
in a 12 month period.
(7) Public notice-A matter, including an application, request,
notice, or protest, whether by proclamation or declaration, required or authorized
to be published in a newspaper of general circulation by the Trust Company
Act, this chapter, or another rule adopted pursuant to the Trust Company Act,
or required to be published by the banking commissioner.
(8) Submitted filing--An initial application, request, notice,
or protest filed under the Trust Company Act, this chapter, or another rule
adopted pursuant to the Trust Company Act, that has not been abandoned and
is not an accepted filing.
(9) Trust Company Act--Finance Code, Title 3, Subtitle F (§§181.001