Finance Code § 59.005

Sec. 59.005. AGENCY ACTIVITIES. (a) A financial institution may receive deposits, renew time deposits, close loans, service loans, receive payments on loans and other obligations, and perform other services as an agent for another financial institution under a written agency agreement. (b) A financial institution may not under an agency agreement: (1) conduct an activity as agent that it would be prohibited from conducting as a principal under applicable state or federal law; or (2) have an agent conduct an activity that the bank as principal would be prohibited from conducting under applicable state or federal law. (c) The banking commissioner may order a state bank or another financial institution subject to the banking commissioner's enforcement powers to cease acting as an agent or principal under an agency agreement in a manner that the banking commissioner finds to be inconsistent with safe and sound banking practices or governing law. (d) Notwithstanding another law, a financial institution acting as an agent for another financial institution in accordance with this section is not considered to be a branch of the institution acting as principal. (e) This section does not affect: (1) authority under another law for a financial institution to act as an agent on behalf of another person or to act as a principal in employing another person as agent; or (2) whether an agent's activities on behalf of a financial institution under another law would cause the agent to be considered a branch of the financial institution. Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.016, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 528, Sec. 14, eff. Sept. 1, 2001.