| (a) Definitions. The following words and terms, when
used in this section, shall have the following meanings unless the
context clearly indicates otherwise.
(1) Call report--A report of condition and income in
FFIEC form as required by 12 U.S.C. §1817, or a report of financial
condition and results of operations of a state bank as mandated by
the banking commissioner pursuant to the Finance Code, §31.108.
(2) FDIA--The Federal Deposit Insurance Act, 12 U.S.C. §1811
et seq.
(3) FDIC--The Federal Deposit Insurance Corporation.
(4) FFIEC--The Federal Financial Institutions Examination
Council.
(5) State bank--A bank as defined by the Finance Code, §31.002(a)(50).
(b) Reporting requirements of FDIA regulated state
banks. Each state bank which is subject to regulation under FDIA will
be considered to have filed a copy of its call report with the banking
commissioner if the state bank has filed its call report pursuant
to FDIA and FFIEC guidelines and requirements.
(c) Reporting requirements for non-FDIA regulated entities.
Each state bank not subject to subsection (b) of this section shall
file four call reports annually with the banking commissioner. Such
call reports must be filed with the banking commissioner no later
than April 30, July 31, and October 31 of each year and by January
31 of the subsequent year, and shall be for the periods ending on
March 31, June 30, September 30, and December 31, respectively, of
the annual reporting year. The call reports required under this subsection
must be in substantially the same form and contain substantially the
same information as call reports filed by FDIA-regulated state banks
in accordance with FDIA and FFIEC requirements pursuant to subsection
(b) of this section. The call report forms, the instructions for completing
the reports and the accompanying materials will be furnished to all
state banks subject to this subsection, or may be obtained upon request
from the Bank and Trust Division, Texas Department of Banking, 2601
North Lamar Boulevard, Austin, Texas 78705-4294. The banking commissioner
may make such modifications and additions to call report form and
contents under this subsection as considered necessary in the discretionary
discharge of the banking commissioner's duties, notwithstanding FDIA
and FFIEC guidelines and requirements.
(d) Special call reports. In addition to the requirements
of subsections (b) and (c) of this section, the banking commissioner
may require a state bank to file and submit a special call report,
in such form and manner and containing such information as may be
requested, on dates fixed, whenever in the banking commissioner's
discretion the special call report is necessary in the performance
of the banking commissioner's supervisory duties related to the safety
and soundness of the state bank. Special call reports must contain
only such information as is specifically requested by the banking
commissioner.
(e) Call report declarations and attestations. Each
call report or special call report required to be filed under subsections
(c) and (d) of this section must contain a declaration by the president,
a vice president, the cashier, or by another officer designated by
the board of directors of the state bank to make such declaration,
that the report is true and correct to the best of such individual's
knowledge and belief. The correctness of the call report or special
call report must also be attested by the signatures of at least two
of the directors of the state bank other than the officer making the
declaration. The declaration of the directors must state that the
call report or special call report has been examined by them and is
true and correct to the best of their knowledge and belief.
(f) Publication. Each state bank which is subject to
regulation under FDIA will be considered to have publicly posted its
call report if it has filed its call report pursuant to subsection
(b) of this section. A state bank must publicly post or publish its
call report in a newspaper or other media of general circulation if
specifically directed to do so by the banking commissioner.
(g) Confidentiality. Pursuant to the Finance Code, §31.301,
call reports filed under subsections (b) or (c) of this section are
public information to the extent that such reports are considered
public records under the FDIA, implementing federal regulations, and
FFIEC guidelines, and may be published or otherwise disclosed to the
public. Special call reports filed pursuant to subsection (d) of this
section and non-public portions of call reports filed pursuant to
subsections (b) or (c) of this section are confidential, subject only
to such disclosure as may be permitted by the Finance Code, §§31.302
- 31.308, or by §3.111 of this title (relating to Confidential
Information).
(h) Penalties for failure to file or for filing a report
with false or misleading information. A state bank which fails to
make, file, or submit a call report or a special call report or fails
to timely file a call report or special call report as required by
this section is subject to a penalty not exceeding $500 a day to be
collected by the attorney general on behalf of the banking commissioner.
Any state bank which makes, files, submits or publishes a false or
misleading call report or special call report is subject to an enforcement
action pursuant to the Finance Code, Chapter 35.
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| Source Note: The provisions of this §3.21 adopted to be effective May 17, 1996, 21 TexReg 3930; amended to be effective November 13, 1997, 22 TexReg 10949; amended to be effective March 9, 2006, 31 TexReg 1643; amended to be effective September 8, 2022, 47 TexReg 5328 |
