H.B. No. 889
1-1 AN ACT
1-2 relating to a prohibition on merger transactions involving
1-3 out-of-state banks and a prohibition on interstate branches.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. In this Act:
1-6 (1) "Branch" means a place of business of a bank other
1-7 than the bank's main office at which deposits are received, checks
1-8 are paid, or money is lent.
1-9 (2) "Domestic bank" means a bank that is:
1-10 (A) a national bank having its main office in
1-11 this state; or
1-12 (B) a state bank chartered by this state.
1-13 (3) "Out-of-state bank" means a bank that is:
1-14 (A) a national bank having its main office in a
1-15 state other than this state; or
1-16 (B) a state-chartered bank chartered by a state
1-17 other than this state.
1-18 SECTION 2. INTERSTATE MERGERS AND BRANCHES PROHIBITED.
1-19 Notwithstanding any other law:
1-20 (1) pursuant to Section 44(a)(2), Federal Deposit
1-21 Insurance Act (12 U.S.C. Section 1831u(a)(2)), a domestic bank may
1-22 not engage in a merger transaction involving an out-of-state bank;
1-23 (2) an out-of-state bank may not establish a de novo
1-24 branch in this state or acquire a branch in this state by purchase
2-1 or other means; and
2-2 (3) a domestic bank may not establish a de novo branch
2-3 in a state other than this state or acquire a branch in a state
2-4 other than this state by purchase or other means.
2-5 SECTION 3. This Act shall expire September 2, 1999.
2-6 SECTION 4. EMERGENCY. The importance of this legislation
2-7 and the crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended,
2-11 and that this Act take effect and be in force from and after its
2-12 passage, and it is so enacted.