H.B. No. 3804 amends the Finance Code to update the definitions and regulations surrounding state banks in Texas. Notably, it revises the definition of "Deposit" in Section 31.002(a)(15) to clarify the nature of debtor-creditor relationships and specifies that certain obligations under Chapter 152 are excluded from this definition. Additionally, Section 33.005 is modified to streamline the exemptions for acquisitions of securities, particularly for controlling persons, by removing redundant language and clarifying the conditions under which these exemptions apply.
Furthermore, the bill updates Section 35.106 to outline the authority of the supervisor during a period of supervision over a bank, detailing the restrictions on the bank's operations without prior approval from the banking commissioner. This includes prohibitions on asset disposal, lending, incurring debts, and paying dividends. The bill is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that threshold is not met.
Statutes affected: Introduced: Finance Code 31.002, Finance Code 33.005, Finance Code 35.106 (Finance Code 31, Finance Code 35, Finance Code 33)
House Committee Report: Finance Code 31.002, Finance Code 33.005, Finance Code 35.106 (Finance Code 31, Finance Code 35, Finance Code 33)
Engrossed: Finance Code 31.002, Finance Code 33.005, Finance Code 35.106 (Finance Code 31, Finance Code 35, Finance Code 33)
Senate Committee Report: Finance Code 31.002, Finance Code 33.005, Finance Code 35.106 (Finance Code 31, Finance Code 35, Finance Code 33)
Enrolled: Finance Code 31.002, Finance Code 33.005, Finance Code 35.106 (Finance Code 31, Finance Code 35, Finance Code 33)