85R9461 TSR-F By: Oliveira H.B. No. 2831 A BILL TO BE ENTITLED AN ACT relating to investments by state banks to promote public welfare and community development. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Section 34.106, Finance Code, is amended to read as follows: Sec. 34.106. INVESTMENTS TO PROMOTE [FOR] PUBLIC WELFARE AND COMMUNITY DEVELOPMENT. SECTION 2. Section 34.106, Finance Code, is amended by amending Subsection (d) and adding Subsection (e) to read as follows: (d) A bank's aggregate equity investments under this section[, including loans and commitments for loans,] may not: (1) exceed an amount equal to 15 [10] percent of the bank's unimpaired capital and surplus; and (2) be made unless the bank is at least adequately capitalized. [The banking commissioner may authorize investments in excess of this limitation in response to a written application if the banking commissioner concludes that: [(1) the excess investment is not precluded by other applicable law; and [(2) the safety and soundness of the requesting bank would not be adversely affected.] (e) Subject to Subsection (d), a bank's investments described by Subsection (a), including equity investments and loans and commitments for loans, in a single entity may not exceed 25 percent of the bank's unimpaired capital and surplus without the prior authorization of the banking commissioner in response to a written application. SECTION 3. This Act takes effect September 1, 2017.