| (D) provide a copy of the regular report of examination
and an order, opinion, or other confidential information to the financial
institution, its service provider, or affiliate for which it was prepared
and to which it relates and correspond with that financial institution,
service provider, or affiliate regarding such information;
(E) provide a copy of the regular report of examination
of a service provider and an order, opinion, or other confidential
information relating to the service provider to the financial institution
or institutions it services;
(F) forward to a court of proper jurisdiction, subject
to any existing administrative protective order, the record of an
administrative hearing under appeal that contains confidential information.
In the event an administrative protective order does not exist, the
department or another party shall file a motion with the court for
a protective order consistent with the terms of subsection (f)(4)
of this section prior to filing the administrative record. Discretion
of the banking commissioner or finance commission to vacate an administrative
protective order entered under §9.22 of this title (relating
to Protective Orders; Motions to Compel) ceases at the time the appeal
is filed;
(G) provide complete copies of documents previously
submitted to the department by a financial institution to the same
financial institution or the successor financial institution upon
request; and
(H) provide certificates and certified copies upon
request. The cost for a formal certificate issued by the department
shall be $20.00 plus $1.00 per page for certified copies of pages
attached to the certificate.
(2) Further disclosure by a governmental agency, financial
institution, service provider or affiliate. Except for disclosures
pursuant to subsection (f) of this section, confidential information
released to a financial institution, its service provider, or affiliate
may be disclosed by the recipient only to a person officially connected
to the recipient as provided by subsection (c) of this section and,
if authorized under the terms of a confidentiality agreement between
the department and another governmental agency, to that governmental
agency in the discharge of its official duties. Disclosures to a person
designated by board resolution as officially connected to the financial
institution, service provider, or affiliate must be made pursuant
to a confidentiality agreement between the financial institution,
service provider, or affiliate and the recipient. Confidential information
released to a governmental agency may be disclosed by the agency only
to a person officially connected to the agency as provided by subsection
(c) of this section or to another governmental agency to the extent
authorized by this section or other law, and must be in accordance
with the terms of this section and a confidentiality agreement with
or letter of instructions from the department.
(3) Disclosures of certain information.
(A) Statistical data. Confidential information consisting
solely of statistical data may be disclosed, providing its release
does not directly or indirectly disclose the identity of an individual
or financial institution related to the data.
(B) Records of a failed financial institution. Subject
to the sole discretion of the banking commissioner under this subparagraph,
the department may release confidential information in or related
to the records of a failed financial institution. Release may not
occur under this subparagraph earlier than three years after the date
such financial institution failed. Information subject to release
must pertain only to the condition of the financial institution and
cannot include confidential customer information, absent customer
consent, or information made confidential by laws other than the Finance
Code, Title 3, Subtitle A, or this section. Pursuant to Finance Code, §36.224
and §186.224, records of failed financial institutions are not
government records and are not subject to public information requests
under Texas Government Code, Chapter 552.
(C) Records of another governmental agency. Information
the department has obtained from a federal or state governmental agency
that is confidential under federal or state law or by agreement with
the other agency is not considered part of the department's records.
The department may not release such information unless the request
for release is submitted with a certification from the appropriate
state or federal authority that the information is subject to release
under the laws of that jurisdiction.
(f) Discovery of confidential information from a governmental
agency, financial institution, service provider, or affiliate.
(1) General rule. A governmental agency, financial
institution, service provider, or affiliate that receives a subpoena
or other legal process in any proceeding for the release of confidential
information shall promptly notify the department of the request, provide
the department with a copy of the process and of the requested documents
or information, and object by written motion or other means available
under applicable rules of procedure. Notice and documents should be
sent to the Texas Department of Banking at 2601 North Lamar Boulevard,
Austin, Texas, 78705-4294, to the attention of the General Counsel,
and should be labeled "Request for Release of Confidential Information
under 7 TAC §3.111." Prior to the release of confidential information,
such government agency, financial institution, service provider, or
affiliate also must file and obtain a ruling on a motion for a protective
order and in camera inspection in accordance with this subsection.
Confidential information may be released only pursuant to a protective
order in a form consistent with that set out in this section and only
if a court with jurisdiction has found that:
(A) the party seeking the information has a substantial
need for the information;
(B) the information is directly relevant to the legal
dispute in issue; and
(C) the party seeking the information is unable without
undue hardship to obtain its substantial equivalent by other means.
(2) Discretionary filings by department. On receipt
of notice under subsection (f)(1) of this section, the department
may take action as may be appropriate to protect confidential information.
The department has standing to intervene in a suit or administrative
hearing for the purpose of filing a motion for protective order and
in camera inspection in accordance with this subsection.
(3) Motion for protective order and in camera inspection.
The movant shall ask the court to enter a protective order in accordance
with this subsection regarding the release of confidential information.
If necessary to resolve a dispute regarding the confidential status
or direct relevance of any information sought to be released, the
party seeking the protective order shall move for in camera inspection
of the pertinent information. Until subject to a protective order,
confidential information may not be released, and the party seeking
a protective order shall request the court officer to deny discovery
of such confidential information. The party seeking the protective
order must comply with the court's applicable rules of procedure.
(4) Protective order. A protective order obtained pursuant
to the terms of this subsection must:
(A) specifically bind each party to the litigation,
including one who becomes a party to the suit after the protective
order is entered, each attorney of record, and each person who becomes
privy to the confidential information as a result of its disclosure
under the terms of the protective order;
(B) describe in general terms the confidential information
to be produced;
(C) state substantially the following in the body of
the protective order:
(i) absent court order to the contrary, only the court
reporter and attorneys of record in the cause may copy confidential
information produced under the protective order in whole or part;
(ii) the attorneys of record are custodians responsible
for all originals and copies of confidential information produced
under the protective order and must insure that disclosure is limited
to those persons specified in the protective order;
(iii) confidential information subject to the protective
order and all information derived therefrom may be used only for the
purpose of the trial, appeal, or other proceedings in the case in
which it is produced;
(iv) confidential information to be filed or included
in a filing in the case must be filed with the clerk separately in
a sealed envelope bearing suitable identification, and is available
only to the court and to those persons authorized by the order to
receive confidential information, and all originals and copies made
of such documents and records must be kept under seal and disclosed
only in accordance with the terms of the protective order;
Cont'd... |
