Legal Opinion

The Banking Commissioner (or by delegation, a deputy commissioner or legal counsel) may issue opinions in response to specific written requests. In general, opinions are only provided to address specific fact situations. Such opinions do not have the force of law and are not rules for the purposes of Chapter 2001, Government Code, but rather are administrative constructions of the statute entitled to great weight if the construction is reasonable and does not conflict with the statute (see Sections 31.104, 181.103, and 201.006(c), Texas Finance Code).

How to Request Legal Opinions

The Banking Commissioner (or by delegation, a deputy commissioner or legal counsel) may issue opinions in response to specific requests; see Sections 31.103, 181.102, and 201.006, Texas Finance Code.

Persons desiring legal opinions should submit requests in writing (by mail, fax or hand delivery) to:

General Counsel
Texas Department of Banking
2601 North Lamar Boulevard
Austin, Texas 78705-4294
FAX (512) 475-1313
For further information, please call (512) 475-1300

Requests by E-Mail

The policy of the Department of Banking regarding e-mail communications recognizes the immediacy of the medium and the desirability of a prompt reply. Because prompt replies are not conducive to careful consideration of complex or novel issues, the Department's general position is that email replies cannot be considered authoritative and may not be relied upon in future dealings with the Department. If you wish an authoritative response, please submit a written request for opinion. 

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