A state trust company generally may not invest restricted capital in real property, but there are exceptions and some transactions require prior written approval from the banking commissioner.
Sec. 184.003. OTHER REAL PROPERTY. (a) A state trust company may not invest its restricted capital in real property except: (1) as permitted by this subtitle or rules adopted under this subtitle; (2) with the prior written approval of the banking commissioner; or (3) as necessary to avoid or minimize a loss on a loan or investment previously made in good faith. (b) With the prior written approval of the banking commissioner, a state trust company may: (1) exchange real property for other real property or personal property; (2) invest additional money in or improve real property acquired under this subsection or Subsection (a); or (3) acquire additional real property to avoid or minimize loss on real property acquired as permitted by Subsection (a). (c) A state trust company shall dispose of any real property subject to Subsection (a) not later than the fifth anniversary of the date the real property: (1) was acquired, except as otherwise provided by rules adopted under this subtitle; (2) ceases to be used as a state trust company facility; or (3) ceases to be a state trust company facility as provided by Section 184.002(b). (d) The banking commissioner on application may grant one or more extensions of time for disposing of real property under Subsection (c) if the banking commissioner determines that: (1) the state trust company has made a good faith effort to dispose of the real property; or (2) disposal of the real property would be detrimental to the state trust company. (e) Subject to the exercise of prudent judgment, a state trust company may invest its secondary capital in real property. The factors to be considered by a state trust company in exercise of prudent judgment include the factors contained in Section 184.101(e). Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999. Amended by: Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 8.001, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 98 (S.B. 1646), Sec. 3, eff. May 19, 2023. SUBCHAPTER B. INVESTMENTS