Texas Finance Code
§ 59.005 — AGENCY ACTIVITIES
FI § 59.005Title 3. FINANCIAL INSTITUTIONS AND BUSINESSES · Part A. BANKS · Ch. 59. MISCELLANEOUS PROVISIONS · Art. A. GENERAL PROVISIONS
Statute text
View on source(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.
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Legislative history
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.