(a) Participation in the pooled collateral program by a depository institution is voluntary.     
      (b) A depository institution may participate in the pooled collateral program if:      
        (1) the comptroller has approved the depository institution's participation in the pooled collateral program;       
        (2) the depository institution has entered into a binding collateral security agreement with a public entity for the deposit of public funds and the agreement permits the depository institution's participation in the pooled collateral program;       
        (3) the comptroller has approved or provided the collateral security agreement form used; and       
        (4) deposits in the depository institution are insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund.       
     Source Note:        The provisions of this §4.103 adopted to be effective October 19, 2010, 35 TexReg 9345