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CHAPTER 33. OWNERSHIP AND MANAGEMENT OF STATE BANK
§ 33.108. CRIMINAL OFFENSES
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| (a) An officer, director, manager, managing participant, employee, shareholder, or participant of a state bank commits an offense if the person knowingly: |
(1) conceals information or a fact, or removes, destroys, or conceals a book or record of the bank for the purpose of concealing information or a fact, from the banking commissioner or an agent of the banking commissioner; or
(2) removes, destroys, or conceals any book or record of the bank that is material to a pending or anticipated legal or administrative proceeding. |
| (b) An officer, director, manager, managing participant, or employee of a state bank commits an offense if the person: |
(1) knowingly makes a false entry in a book, record, report, or statement of the bank; or
(2) violates or knowingly participates in a violation of, or permits another of the bank's officers, directors, managers, managing participants, or employees to violate, the prohibition on lending trust funds under Section 113.052, Property Code. |
| (c) An offense under this section is a felony of the third degree. |
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| § 33.109. TRANSACTIONS WITH MANAGEMENT AND AFFILIATES |
| (a) Without the prior approval of a disinterested majority of the board recorded in the minutes or, if a disinterested majority cannot be obtained, the prior written approval of the banking commissioner, a state bank may not directly or indirectly: |
(1) sell or lease an asset of the bank to an officer, director, manager, managing participant, or principal shareholder or participant of the bank or an affiliate of the bank; or
(2) purchase or lease an asset in which an officer, director, manager, managing participant, or principal shareholder or participant of the bank or an affiliate of the bank has an interest. |
| (b) An officer, director, manager, or managing participant of the bank who knowingly participates in or permits a violation of this section commits an offense. An offense under this subsection is a felony of the third degree. |
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| § 59.002. SLANDER OR LIBEL OF BANK |
| (a) A person commits an offense if the person: |
(1) knowingly makes, circulates, or transmits to another person an untrue statement that is derogatory to the financial condition of a bank located in this state; or
(2) with intent to injure a bank located in this state, counsels, aids, procures, or induces another person to knowingly make, circulate, or transmit to another person an untrue statement that is derogatory to the financial condition of any bank located in this state. |
| (b) An offense under this section is a state jail felony. |
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CHAPTER 122. ORGANIZATIONAL AND FINANCIAL REQUIREMENTS [OF CREDIT UNIONS]
§ 122.251. DEFAMATION
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| (a) A person commits an offense if the person knowingly: |
(1) makes, circulates, or transmits to another person a false statement that is derogatory to the financial condition of a credit union with the intent to injure that credit union; or
(2) counsels, aids, procures, or induces another person to make, circulate, or transmit a false statement that is derogatory to the financial condition of a credit union with the intent to injure that credit union. |
| (b) An offense under this section is a third degree felony. |
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| § 122.254. FALSE STATEMENTS OR DOCUMENTS; DESTRUCTION OF RECORDS |
| (a) A person commits an offense if the person, knowingly and with the intent to deceive: |
(1) makes a false entry on a record, report, or statement of a credit union; or
(2) in connection with an examination or investigation of a credit union by the commissioner, a deputy commissioner, or the department's authorized examiner, exhibits a false paper, instrument, or security or gives under oath a false answer to a question directly related to the examination or investigation asked
the person by the commissioner, the deputy commissioner, or the department's authorized examiner. |
(b) A person commits an offense if the person knowingly removes, destroys, or conceals a record of the credit union for the purpose of concealing a fact or information from the commissioner, a deputy commissioner, or the department's authorized examiner.
(c) An offense under this section is a third degree felony. |
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CHAPTER 152. CHECK SELLERS
§ 152.201. LICENSE REQUIRED
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| (a) Except as provided by Section 152.202, a person must hold a license issued under this chapter to engage in the business of selling checks to purchasers: |
(1) located in this state; or
(2) wherever located if the seller is located in this state. |
| (b) For purposes of this section, a seller is located in this state if the seller: |
(1) employs or otherwise uses an agent that is located in this state; or
(2) maintains, uses, or otherwise controls an account at a financial institution office located in this state for the purpose of engaging in the business of selling checks. |
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| § 152.501. CRIMINAL PENALTY |
| (a) A person commits an offense if the person intentionally: |
(1) makes an untrue statement of a material fact in an application or report required to be filed with the commissioner under this chapter; or
(2) violates Section 152.201. |
| (b) An offense under this section is a third degree felony. |
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CHAPTER 153. CURRENCY EXCHANGE, TRANSPORTATION, OR TRANSMISSION
§ 153.401. CRIMINAL PENALTY
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| (a) A person commits an offense if the person knowingly: |
(1) violates this chapter;
(2) makes a false, fictitious, or fraudulent statement, representation, or entry in a record or report required under: |
(A) 31 U.S.C. Section 5313;
(B) 31 C.F.R. Part 103;
(C) Chapter 271;
(D) this chapter; or
(E) a rule adopted under this chapter; or |
| (3) fraudulently structures or attempts to fraudulently structure a transaction in violation of Section 153.202. |
(b) An offense under this section is a third-degree felony.
(c) It is a defense to prosecution under this section if the alleged violation was committed by a peace officer, as defined by Article 2.12, Code of Criminal Procedure, or a person acting on request of a peace officer with the intent to facilitate a legitimate law enforcement investigation conducted under the laws of this state. |
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CHAPTER 183. OWNERSHIP AND MANAGEMENT OF STATE TRUST COMPANY
§ 183.108. CERTAIN CRIMINAL OFFENSES
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| (a) An officer, director, manager, managing participant, employee, shareholder, or participant of a state trust company commits an offense if the person knowingly: |
(1) conceals information or removes, destroys, or conceals a book or record of the state trust company for the purpose of concealing information from the banking commissioner or an agent of the banking commissioner; or
(2) for the purpose of concealing, removes or destroys any book or record of the state trust company that is material to a pending or anticipated legal or administrative proceeding. |
(b) An officer, director, manager, managing participant, or employee of a state trust company commits an offense if the person knowingly makes a false entry in a book, record, report, or statement of the state trust company.
(c) An offense under this section is a felony of the third degree. |
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| § 183.109. TRANSACTIONS WITH MANAGEMENT AND AFFILIATES |
| (a) Without the prior approval of a disinterested majority of the board recorded in the minutes, or if a disinterested majority cannot be obtained, the prior written approval of the banking commissioner, a state trust company may not directly or indirectly: |
(1) sell or lease an asset of the state trust company to an officer, director, manager, managing participant, or principal shareholder or participant of the state trust company or an affiliate of the state trust company;
(2) purchase or lease an asset in which an officer, director, manager, managing participant, or principal shareholder or participant of the state trust company or an affiliate of the state trust company has an interest; or
(3) subject to Section 184.201, extend credit to an officer, director, manager, managing participant, or principal shareholder or participant of the state trust company or an affiliate of the state trust company. |
(b) Notwithstanding Subsection (a), a lease transaction described in Subsection (a)(2) involving real property may not be consummated, renewed, or extended without the prior written approval of the banking commissioner. For purposes of this subsection only, an affiliate of a state trust company does not
include a subsidiary of the state trust company.
(c) Subject to Section 184.201, a state trust company may not directly or indirectly extend credit to an employee, officer, director, manager, managing participant, or principal shareholder or participant of the state trust company or to an affiliate of the state trust company, unless: |
(1) the extension of credit is made on substantially the same terms, including interest rates and collateral, as those prevailing at the time for comparable transactions by the state
trust company with persons who are not employees, officers, directors, managers, managing participants, principal shareholders, participants, or affiliates of the state trust company;
(2) the extension of credit does not involve more than the normal risk of repayment or present other unfavorable features; and
(3) the state trust company follows credit underwriting procedures that are not less stringent than those
applicable to comparable transactions by the state trust company with persons who are not employees, officers, directors, managers, managing participants, principal shareholders, participants, or affiliates of the state trust company. |
(d) An officer, director, manager, or managing participant of a state trust company who knowingly participates in or permits a violation of this section commits an offense. An offense under this subsection is a felony of the third degree.
(e) The finance commission may adopt rules to administer and carry out this section, including rules to establish limits, requirements, or exemptions other than those specified by this section for particular categories of transactions. |
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| § 199.001. SLANDER OR LIBEL OF STATE TRUST COMPANY |
| (a) A person commits an offense if the person: |
(1) knowingly makes, circulates, or transmits to another person an untrue statement that is derogatory to the financial condition of a state trust company located in this state; or
(2) intentionally, to injure the state trust company, counsels, aids, procures, or induces another person to knowingly make, circulate, or transmit to another person an untrue statement that is derogatory to the financial condition of a state trust company located in this state. |
| (b) An offense under this section is a state jail felony. |
