SECTION 14.2. Standards for Deposit

(a) If the depository determines that doing so is necessary to ensure compliance with the law, prevent fraud, or otherwise protect the interests of the depository, this state, its agencies, or political subdivisions of this state, the depository may:

(1) refuse to open a depository account for any person, whether acting in the person's own right, as trustee, or in another fiduciary capacity;

(2) deny, refuse, or return any deposit of bullion or specie;

(3) close or otherwise terminate without notice the depository account of any person; or

(4) refuse to honor a request for the transfer of an account or account balance.

(b) To protect the security and integrity of the depository, the depository need not provide a reason for the refusal, denial, or closure or an account under subsection (a) of this section.

(c) Deposits of bullion and specie, regardless of form, will be recorded in units of troy ounces pure and will specify the type and quantity of each precious metal that is deposited.

(d) Deposits of bullion and specie that are credited to a depository account may be further classified by reference to:

(1) the particular form in which the metals were deposited;

(2) the mint at which the metals were produced;

(3) denomination;

(4) assay mark; or

(5) any other indicator as applicable.

(e) The depository may restrict the types and sources of precious metals, bullion, or specie that may be deposited with the depository.

(f) The depository may restrict the forms in which deposits of precious metals may be made to those forms that conveniently lend themselves to measurement and accounting in units of troy ounces and standardized fractions of troy ounces.

(g) The depository shall publish on its website the types, sources, forms, and weights and measures of precious metals, bullion, or specie that may be deposited with the depository.

Source Note: The provisions of this §14.2 adopted to be effective December 27, 2017, 42 TexReg 7411