(a) Scope. This section governs submission of specified forms of copies of original documents to the Texas Department of Banking (the department) for processing by the corporate activities division of the department pursuant to this chapter, and does not permit, prohibit, or affect correspondence with or documents submitted to the department for another purpose, including:
(b) Reproduction. For purposes of this section, the term reproduction means:
  (1) a photographic or photostatic copy or similar reproduction of an original document that is submitted to the department by mail or hand delivery;
  (2) a facsimile copy of an original document submitted by telephonic document transmission to the fax number specified by the department; or
  (3) if permitted by the department with respect to a specific filing, an electronic copy of an original document submitted to the email address specified by the department.
(c) Filings. Subject to the length limitations of subsection (d) of this section, a document required or authorized to be filed with the department may be a reproduction, including an application or a supplement to or substitution for a portion of a previously filed and accepted application. Receipt of a reproduction by the department is not equivalent to accepted for filing.
(d) Page limitations. A reproduction submitted by telephonic document transmission to the department's fax machine may not exceed 25 pages in total length, including the transmittal document required by subsection (e) of this section, or it will be rejected for filing. The transmission of portions of any particular filing at different times is treated as one reproduction for purposes of this subsection.
(e) Transmittal document. A cover sheet or transmittal document must accompany every reproduction submitted under this section and must:
  (1) clearly identify the sender by name, address, and phone number, the documents being delivered or transmitted, and the number of pages in the submission;
  (2) contain clear and concise instructions concerning the sender's request with respect to the submission; and
  (3) contain complete and accurate information regarding the payment of required filing fees, if any.
(f) Time of receipt. To be considered received by the department, a reproduction must be in clearly legible form. The date the submission is actually received by the department or the date and time imprinted by the department's fax machine on the last page of a reproduction submitted by telephonic document transfer will determine the time of receipt, provided that a reproduction received after 4:30 p.m. is considered received at 8:00 a.m. on the next business day. A reproduction will not be considered received until the department receives the entire document and the required filing fee, if any.
(g) Equivalent of original. For all purposes attendant to filing, a reproduction of a document filed with the department under this section, including reproduction of signatures thereon, is considered an original document.

Source Note: The provisions of this §21.7 adopted to be effective May 14, 1998, 23 TexReg 4565; amended to be effective January 2, 2020, 44 TexReg 8236