FINANCE CODE

TITLE 3. FINANCIAL INSTITUTIONS AND BUSINESSES

SUBTITLE A. BANKS

CHAPTER 32. POWERS, ORGANIZATION, AND FINANCIAL REQUIREMENTS

SUBCHAPTER A. ORGANIZATION AND POWERS IN GENERAL

Sec. 32.001.  ORGANIZATION AND GENERAL POWERS OF STATE BANK.  (a)  One or more persons, a majority of whom are residents of this state, may organize a state bank as a banking association or a limited banking association.
(b)  A state bank may:
(1)  receive and pay deposits with or without interest, discount and negotiate promissory notes, borrow or lend money with or without security or interest, invest and deal in securities, buy and sell exchange, coin, and bullion, and exercise incidental powers as necessary to carry on the business of banking as provided by this subtitle;
(2)  act as agent, or in a substantially similar capacity, with respect to a financial activity or an activity incidental or complementary to a financial activity;
(3)  act in a fiduciary capacity, without giving bond, as guardian, receiver, executor, administrator, or trustee, including a mortgage or indenture trustee;
(4)  provide financial, investment, or economic advisory services;
(5)  issue or sell instruments representing pools of assets in which a bank may invest directly;
(6)  with prior written approval of the banking commissioner, engage in a financial activity or an activity that is incidental or complementary to a financial activity;  and
(7)  engage in any other activity, directly or through a subsidiary, authorized by this subtitle or rules adopted under this subtitle.
(c)  For purposes of other state law, a banking association is considered a corporation and a limited banking association is considered a limited liability company.  To the extent consistent with this subtitle, a banking association may exercise the powers of a Texas business corporation and a limited banking association may exercise the powers of a Texas limited liability company as reasonably necessary to enable exercise of specific powers under this subtitle.
(d)  A state bank may contribute to a community fund or to another charitable, philanthropic, or benevolent instrumentality conducive to public welfare an amount that the bank's board considers expedient and in the interests of the bank.
(e)  A state bank may be organized or reorganized as a community development financial institution or may serve as a community development partner, as those terms are defined by the Riegle Community Development and Regulatory Improvement Act of 1994 (Pub.  L. No. 103-325).
(f)  In the exercise of discretion consistent with the purposes of this subtitle, the banking commissioner may require a state bank to conduct an otherwise authorized activity through a subsidiary.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 528, Sec. 4, eff. Sept. 1, 2001.