1-1  By:  Montford                                         S.B. No. 1214
    1-2        (In the Senate - Filed March 12, 1993; March 16, 1993, read
    1-3  first time and referred to Committee on Economic Development;
    1-4  May 4, 1993, reported favorably by the following vote:  Yeas 9,
    1-5  Nays 0; May 4, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Parker             x                               
    1-9        Lucio              x                               
   1-10        Ellis                                          x   
   1-11        Haley              x                               
   1-12        Harris of Dallas   x                               
   1-13        Harris of Tarrant  x                               
   1-14        Leedom                                         x   
   1-15        Madla              x                               
   1-16        Rosson             x                               
   1-17        Shapiro            x                               
   1-18        Wentworth          x                               
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to priority of claims in distribution of the assets of a
   1-22  trust company on its liquidation.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Article 2, Chapter XI, The Texas Banking Code
   1-25  (Article 342-1102, Vernon's Texas Civil Statutes), is amended to
   1-26  read as follows:
   1-27        Art. 2.  APPLICABILITY OF STATE BANKING CODE.  Unless
   1-28  otherwise provided in this chapter, a trust company is subject to
   1-29  the provisions of Chapters I, II, III, IV, V, VIII, and IX of this
   1-30  code as if the trust company were a state bank; provided, however,
   1-31  that Article 1, Chapter III, relating to banking powers, Article
   1-32  11a, Chapter IV, relating to securities law exemption, Article 4a,
   1-33  Chapter VIII, relating to priority of distribution in liquidation,
   1-34  and Article 3, Chapter IX, relating to limited branch banking shall
   1-35  not apply.
   1-36        SECTION 2.  Chapter XI, The Texas Banking Code (Article
   1-37  342-1102 et seq., Vernon's Texas Civil Statutes), is amended by
   1-38  adding Article 14 to read as follows:
   1-39        Art. 14.  PRIORITY OF CLAIMS.
   1-40        Sec. 1.  On liquidation of a trust company, claims for
   1-41  payment against that trust company have the following priority:
   1-42              (1)  obligations incurred by the Banking Commissioner,
   1-43  fees and assessments due to the Banking Department, and expenses of
   1-44  liquidation, including any taxes due, all of which may be covered
   1-45  by a proper reserve of funds;
   1-46              (2)  claims of trust account holders having an approved
   1-47  claim against the general liquidating account of the trust company;
   1-48              (3)  claims of salaried employees of the trust company
   1-49  for salaries that are earned but unpaid at the time the trust
   1-50  company is closed;
   1-51              (4)  claims of general creditors having an approved
   1-52  claim against the general liquidating account of the trust company;
   1-53              (5)  claims otherwise proper that were not filed within
   1-54  the time prescribed by this code;
   1-55              (6)  approved claims of subordinated creditors; and
   1-56              (7)  claims of stockholders of the trust company.
   1-57        Sec. 2.  The receiver shall make a ratable distribution
   1-58  within the priority of the funds of the liquidation on all such
   1-59  claims that have been approved if there are insufficient funds to
   1-60  satisfy the claims fully.
   1-61        SECTION 3.  The change in law made by this Act applies only
   1-62  to the liquidation of a trust company that begins on or after the
   1-63  effective date of this Act.
   1-64        SECTION 4.  The importance of this legislation and the
   1-65  crowded condition of the calendars in both houses create an
   1-66  emergency and an imperative public necessity that the
   1-67  constitutional rule requiring bills to be read on three several
   1-68  days in each house be suspended, and this rule is hereby suspended.
    2-1                               * * * * *
    2-2                                                         Austin,
    2-3  Texas
    2-4                                                         May 4, 1993
    2-5  Hon. Bob Bullock
    2-6  President of the Senate
    2-7  Sir:
    2-8  We, your Committee on Economic Development to which was referred
    2-9  S.B. No. 1214, have had the same under consideration, and I am
   2-10  instructed to report it back to the Senate with the recommendation
   2-11  that it do pass and be printed.
   2-12                                                         Parker,
   2-13  Chairman
   2-14                               * * * * *
   2-15                               WITNESSES
   2-16                                                  FOR   AGAINST  ON
   2-17  ___________________________________________________________________
   2-18  Name:  Catherine A. Ghiglieri                                  x
   2-19  Representing:  Texas Dept. of Banking
   2-20  City:  Austin
   2-21  -------------------------------------------------------------------