Texas § FI.33.005 - EXEMPTIONS

§ FI.33.005. EXEMPTIONS

EXEMPTIONS. The following acquisitions are exempt from Section 33.001 : (1) an acquisition of securities in connection with the exercise of a security interest or otherwise in full or partial satisfaction of a debt previously contracted for in good faith and the acquiring person files written notice of acquisition with the banking commissioner before the person votes the securities acquired; (2) unless the banking commissioner provides otherwise in writing, an acquisition of voting securities in any class or series by a controlling person who was identified as a controlling person of the state bank in a prior application filed with and approved by the banking commissioner and: (A) has from the date of receipt of approval under this subchapter continuously held power to vote 25 percent or more of any class of voting securities of the state bank; or (B) is considered to have from the date of receipt of approval under this subchapter continuously controlled the state bank under Section 33.001 (b); (3) an acquisition or transfer by operation of law, will, or intestate succession and the acquiring person files written notice of acquisition with the banking commissioner before the person votes the securities acquired; (4) a transaction subject to Chapter 202 if: (A) the acquiring bank holding company currently owns and controls a state bank; or (B) the post-transaction controlling person is identified as the controlling person in a merger or other acquisition-related application filed with the banking commissioner concurrently with the submission required by Section 202.001 ; and (5) a transaction exempted by the banking commissioner or by rules adopted under this subtitle because the transaction is not within the purposes of this subchapter or the regulation of the transaction is not necessary or appropriate to achieve the objectives of this subchapter. Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.011, eff. Sept. 1, 1999. Amended by: Acts 2019, 86th Leg., R.S., Ch. 652 (S.B. 1823 ), Sec. 4, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 989 (H.B. 3574 ), Sec. 4, eff. June 18, 2023. Acts 2025, 89th Leg., R.S., Ch. 638 (H.B. 3804 ), Sec. 2, eff. June 20, 2025.