1. (a) Engaging in deposit production activities. A state bank may, to the extent authorized by its board of directors, engage in deposit production activities at a site other than the home office or a branch of the bank, including establishing a deposit production office (DPO) of the bank. A DPO may only solicit deposits, provide information about deposit products, and assist persons in completing application forms and related documents to open a deposit account. A DPO is not a branch within the meaning of Finance Code, so long as it does not engage the public in the business of banking as defined by Finance Code §31.002(a)(4), including making loans, receiving deposits, and paying withdrawals, drafts, or checks. All such deposit or withdrawal activity must be performed by the state bank customer in person at the home office or a branch, or by mail, electronic transfer, or similar transfer method.
2. (b) Notification to the banking commissioner. A state bank shall notify the banking commissioner in writing before the 31st day preceding the date of establishment, closing, or relocation of a DPO, except the banking commissioner may waive or shorten the period if the banking commissioner does not have a significant supervisory or regulatory concern regarding the bank or its DPO. The written notification for establishment of a DPO must include the physical address of the DPO, a list of the specific activities to be performed at the planned DPO, and other information which the banking commissioner may reasonably request.
3. (c) Compliance with other statutes. Compliance with the provisions of this section does not relieve a state bank of the obligation to comply with all other applicable statutes and regulations, including but not limited to Finance Code §§33.109, 32.009, and 32.010(b). A bank other than a state bank must comply with Finance Code Chapter 201, Subchapter B (§§201.101 et seq.).

Source Note:The provisions of this §3.93 adopted to be effective March 8, 2012, 37 TexReg 1496.