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RULE §15.1Definitions

Words and terms used in this chapter that are defined in the Finance Code, Title 3, Subtitle A or Subtitle G, have the same meanings as defined in the Finance Code. 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 with the banking commissioner pursuant to the Finance Code, Title 3, Subtitle A or G, this chapter, or another rule adopted pursuant to the Finance Code if:

    (A) the appropriate fee has been paid pursuant to §15.2 of this title (relating to Filing and Investigation Fees); and

    (B) the banking commissioner has received sufficient information to reach an informed decision and has notified the person or entity who submitted the filing, in writing, that the submission is complete and has been accepted for filing.

  (2) Community--The area delineated by a state bank as the local community or communities that comprise a state bank's entire community pursuant to the Community Reinvestment Act (CRA), 12 United States Code (USC), §§2901 et seq and any rules or regulations adopted pursuant to CRA. The community may include the delineated area for the purposes of CRA in which the person or entity that is required or authorized to publish public notice proposes to engage in business, is currently engaged in business, or wishes to abandon.

  (3) Day--A calendar day.

  (4) Eligible bank--A state bank that:

    (A) is well capitalized as defined in 12 Code of Federal Regulations (CFR), §325.103, or is operating in compliance with a capital plan approved in writing by the banking commissioner;

    (B) received a composite rating of either 1 or 2 as defined by the Uniform Financial Institutions Rating System at the most recent examination by the department or federal regulatory agencies;

    (C) received a CRA rating of either outstanding or satisfactory at the bank's most recent inspection by the appropriate federal regulatory agency;

    (D) is not presently operating in violation of a regulatory condition or commitment letter imposed by a state or federal banking regulatory agency; and

    (E) is not presently 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 issued by a state or federal banking regulatory agency.

  (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) Low or moderate income area--A designated geography for CRA purposes, as defined in 12 CFR, §228.12(m)(1) and (m)(2), for state member banks, or 12 CFR, §345.12(m)(1) and (m)(2), for state nonmember banks.

  (7) 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.

  (8) Public notice--A notice published in a newspaper of general circulation concerning the subject matter of a submitted filing.

  (9) Submitted filing--An application, request, notice, or protest, that is neither an accepted filing nor an abandoned filing, filed under the Finance Code, Title 3, Subtitle A or G, this chapter, or another rule adopted pursuant to the Finance Code.

Source Note: The provisions of this §15.1 adopted to be effective January 5, 1996, 20 TexReg 10999; amended to be effective September 15, 1997, 22 TexReg 8948; amended to be effective March 12, 1998, 23 TexReg 2287; amended to be effective November 12, 2003, 28 TexReg 9825; amended to be effective January 2, 2020, 44 TexReg 8232

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