Association officers may close offices or operations during an emergency, but the association must notify the commissioner promptly and cannot keep a closure going for more than 48 consecutive hours without approval.
Sec. 63.009. EMERGENCY CLOSING. (a) If the officers of an association determine that an emergency that affects or may affect the association's offices or operations exists or is impending, the officers, as reasonable, may determine: (1) not to conduct the involved operations or open the offices on any business or banking day; or (2) if the association is open, to close the offices or the involved operations for the duration of the emergency. (b) Subject to Subsection (c), a closed office or operation under this section shall remain closed until the officers determine that the emergency has ended and for any additional time reasonably required to reopen. (c) An association that closes an office or an operation under this section shall notify the commissioner of its action by any means available and as promptly as conditions permit. An office or operation may not be closed for more than 48 consecutive hours, excluding other legal holidays, without the commissioner's approval. (d) In this section, "emergency" means a condition or occurrence that may interfere physically with the conduct of normal business at the offices of an association or with the conduct of a particular association operation or that poses an imminent or existing threat to the safety or security of persons, property, or both. The term includes a condition or occurrence arising from: (1) fire, flood, earthquake, hurricane, tornado, wind, rain, or snowstorm; (2) labor dispute and strike; (3) power failure; (4) transportation failure; (5) interruption of communication facilities; (6) shortage of fuel, housing, food, transportation, or labor; (7) robbery, burglary, or attempted robbery or burglary; (8) actual or threatened enemy attack; (9) epidemic or other catastrophe; (10) riot or civil commotion; or (11) any other actual or threatened unlawful or violent act. Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.