A state trust company generally may not invest above its restricted capital in certain facilities and related property without prior written approval from the banking commissioner.
Sec. 184.002. INVESTMENT IN STATE TRUST COMPANY FACILITIES. (a) Without the prior written approval of the banking commissioner, a state trust company may not directly or indirectly invest an amount in excess of the company's restricted capital in state trust company facilities, furniture, fixtures, and equipment. Except as otherwise provided by rules adopted under this subtitle, in computing the limitation provided by this subsection a state trust company: (1) shall include: (A) its direct investment in state trust company facilities; (B) an investment in equity or investment securities of a company holding title to a facility used by the state trust company for the purposes specified by Section 184.001; (C) a loan made by the state trust company to or on the security of equity or investment securities issued by a company holding title to a facility used by the state trust company; and (D) any indebtedness incurred on state trust company facilities by a company: (i) that holds title to the facility; (ii) that is an affiliate of the state trust company; and (iii) in which the state trust company is invested in the manner described by Paragraph (B) or (C); and (2) may exclude an amount included under Subdivisions (1)(B)-(D) to the extent any lease of a facility from the company holding title to the facility is capitalized on the books of the state trust company. (b) Real property described by Subsection 184.001(3) and not improved and occupied by the state trust company ceases to be a state trust company facility on the third anniversary of the date of its acquisition unless the banking commissioner on application grants written approval to further delay in the improvement and occupation of the property by the state trust company. (c) A state trust company shall comply with regulatory accounting principles in accounting for its investment in and depreciation of trust company facilities, furniture, fixtures, and equipment. Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 940 (H.B. 1664), Sec. 14, eff. June 14, 2013. Acts 2023, 88th Leg., R.S., Ch. 98 (S.B. 1646), Sec. 2, eff. May 19, 2023.