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Financial Institutions

Summaries

GA-0834
Greg Abbott

Demand deposits of local government are governed by chapter 2257 of the Public Funds Collateral Act rather than chapter 2256 of the Public Funds Investment Act

GA-0882
Greg Abbott

Credit Unions, scope of authority of state-chartered credit unions under statute granting them parity with authority of federally-chartered credit unions

GA-0965
Greg Abbott

Transfer of tax lien, under section 32.06, Tax Code, tax assessor-collector, acting alone, may carry out the statutorily required duties related to\r\n\r\nTransfer of tax lien, neither the tax assessor-collector nor the governing body of the taxing unit is empowered to deny, if the conditions of section 32.06, Tax Code, are otherwise met\r\n\r\nTransferred tax lien, under section 32.06, Tax Code, court could conclude that closing costs and lien recordation fees are secured by

DM-0010
Dan Morales

Party's interest in joint account in financial institution, section 440 of Probate Code permits change in contractual terms of account only as to disposition following death | Joint account, section 440 of Probate Code does not allow one party to a joint account to unilaterally terminate the interest of the other party | Joint account, section 440 of Probate Code permits change in contractual terms of account only as to disposition of party's interest following death

DM-0099
Dan Morales

Independent school districts are not authorized to deposit funds in the demand accounts of savings and loan associations|Institutions of higher learning are not authorized to deposit funds in the demand accounts of savings and loan associations|Municipalities are not authorized to deposit funds in the demand accounts of savings and loan associations|Counties are not authorized to deposit funds in the demand accounts of savings and loan associations|Depository, municipality not authorized to deposit funds in the demand accounts of savings and loan associations|Savings and loan associations, municipalities, counties, independent school districts, and institutions of higher learning are not authorized to deposit funds in the demand accounts of|Depository, institution of higher learning not authorized to deposit funds in the demand accounts of savings and loan associations|Depository, county not authorized to deposit funds in the demand accounts of savings and loan associations|Depository, school district not authorized to deposit funds in the demand accounts of savings and loan associations

DM-0329
Dan Morales

University debit card program, whether subject to Sale of Checks Act or banking laws|Debit card program, whether subject to Sale of Checks Act or banking laws|Debit card programs for students, faculty and staff, authority of university to operate|Check|Bank

DM-0452
Dan Morales

Home equity loans, whether lenders may solicit, accept, and process applications for loans prior to effective date of constitutional amendment authorizing

JC-0045
John Cornyn

Homeowners Protection Act of 1998, notification of mortgagor's right to cancel private mortgage insurance under is consistent with state law|Lender, federal law requiring annually to notify mortgagor of right to cancel private mortgage insurance is consistent with state law|Mortgage insurance, federal law requiring service annually to notify mortgagor of right to cancel is consistent with state law|State law, federal law supersedes if the two laws actually conflict

JC-0181
John Cornyn

Credit union pays costs of complying with grand jury subpoena duces tecum for records concerning members|Grand jury subpoena duces tecum for credit union records, credit union pays cost of complying with|Possession (of evidence)|Subpoena duces tecum

JC-0513
John Cornyn

Loan transactions for which Consumer Credit Commissioner is appointed regulating official, "plain language" requirement of section 341.502 of Finance Code is applicable only to|Loan transactions subject to regulatory authority of banking commissioner, savings and loan commissioner, and credit union commissioner, "plain language" requirement of section 341.502 of Finance Code is not applicable to|Loan transactions for which Consumer Credit Commissioner is the appointed regulating official, "plain language" requirement of section 341.502 of Finance Code is applicable only to|Loan transactions subject to the regulatory authority of banking commissioner, savings and loan commissioner, and credit union commissioner, "plain language" requirement of section 341.502 of Finance Code is not applicable to

JC-0540
John Cornyn

USA Patriot Act of 2001 does not preempt Texas statute restricting access to magnetic stripe information on driver's licenses|Magnetic stripe information on driver's licenses, financial institution may not use

JM-1171
Jim Mattox

Financial records, statute limiting disclosure of does not apply to records of savings and loan association|Financial records, statute limiting disclosure of applies to bank records

KP-0277
Ken Paxton

Chapter 393 of the Finance Code does not restrict credit services organizations, other than when operating as credit access businesses, from obtaining for a consumer or assisting in obtaining an extension of consumer credit in a form other than a deferred presentment transaction or motor vehicle title loan.

A determination about whether any specific extension of credit complies with the requirements of chapter 393 will involve a factual inquiry into the precise offering, and such questions are beyond the scope of an attorney general opinion.

KP-0424
Ken Paxton

Corporate entity serving as a substitute trustee for purposes of conducting a mortgage foreclosure sale under Property Code chapter 51