1. (a) Calculation date. For purposes of determining compliance with Finance Code, §34.201, and this subchapter, a state bank shall determine its lending limit as of the most recent of the following dates:

   1. (1) the last day of the preceding calendar quarter; or
   2. (2) the date on which there is a change in the bank's capital category for purposes of 12 U.S.C. §1831o and 12 C.F.R. §324.402 (or 12 C.F.R. §324.402 in the case of a bank that is a member of the Federal Reserve System).

2. (b) Effective date.

   1. (1) A bank's lending limit calculated in accordance with subsection (a)(1) of this section is effective as of the earlier of the following dates:

      1. (A) the date on which the bank's call report is submitted; or
      2. (B) the date on which the bank's call report is required to be submitted under applicable federal law.
   2. (2) A bank's lending limit calculated in accordance with subsection (a)(2) of this section is effective on the date that the limit is required to be calculated.
3. (c) More frequent calculations. The banking commissioner may permit a state bank to recalculate its lending limit at a point during a quarter based on a material change in a bank's capital arising from corporate activities, such as a merger or stock issuance. For safety and soundness reasons, the banking commissioner may provide written notice to a state bank directing the bank to calculate its lending limit at a more frequent interval than required by subsection (a) of this section, and the bank shall thereafter calculate its lending limit at that interval until further notice.

Source Note:The provisions of this §12.11 adopted to be effective September 6, 2007, 32 TexReg 5655; amended to be effective January 4, 2024, 48 TexReg 8329.