Honorable Robert E. Stewart 

Deputy Commissioner 

Department of Banking 

John H. Reagan Building 

Austin, Texas 78711 

Dear Mr. Stewart: 

Opinion No. M- 464 

Re: Whether the Banking Commissioner has the powey, 

authority and duty to require 

National Banks to comply 

with the provisions of Section la of Article 342-910a, 

v. c. s. 

In your recent letter you request this office to render an opinion 

on the following questions: 

‘I( 1) Does the Banking Commissioner have the 

authority, power and duty to require National Banks to 

cease and desist acceptance of deposits on Saturday under 

the circumstances set out? 

“(2) If your answer is in anywise in the negative, 

please advise whether the Banking Commissioner has 

the authority, power and duty to permit the State Banks 

to accept Saturday deposits competitively with the manner of acceptance by the National Banks. ‘I 

Two factual situations are presented in your letter. The first in-~ 

valves a national bank which has filed with your office a resolution by its 

Board of Directors that it will be closed for general banking purposes on 

Saturday but remain open to perform limited banking service on such day 

pursuant to Section la of Article 342-910a, Vernon’s Civil Statutes. In 

the other situation, you refer to a national bank which has not elected to 

be closed on Saturday or any other weekday in accordance with Section la, 

supra. Both banks are accepting deposits on Saturday. 

Article 342-910a reads in part, as follows: 

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Honorable Robert E. Stewart, page 2 (M-464) 

“Sec. la. Any bank or trust company doing 

business in this State, may, at its option close for 

general banking purposes~ on Saturday or any other 

weekday provided such day is designated at least (15) 

days in advance by adoption of a resolution concurred 

in by a~majority of the Board of Directors thereof . . , 

and by notice posted in a conspicuous place in such 

bank or trust company for at least such time, and by 

filing a copy of such resolution certified by the cashier 

of such bank or trust company in the office of the Commission of the Banking Department of Texas Any 

such election to so close shall remain in effect until a 

sub sequent resolution shall be adopted and notice thereof posted and a copy thereof filed in the manner above 

provided. If any bank or trust company elects to close 

for general banking purposes on Saturday or any other 

weekday as herein provided, it may, at its option, remain open on such day for the purpose of performing 

limited banking services Limited banking services 

shall mean: transit operations, cashing and certifying 

checks drawn on the ba,nk performing such limited 

services, receiving payments on obligations due to such 

bank or to any other party for which such bank is acting 

as collection agent, making change and providing access to safety deposit boxes. Such day upon which such 

bank or trust company may elect to be closed for general 

banking purposes shall with respect to such institution be 

treated as Sunday or the Christian Sabbath for all purposes and not a business day; provided that if such bank 

shall elect to perform limited banking services on such 

day, the same shall not be deemed a legal holiday for the 

performance of limited banking service. Any bank or 

trust company which elects to close for general banking 

purposes on Saturday or any other weekday but which 

elects to perform limited banking services shall not be 

subjected to any liability or loss of rights for performing 

limited banking services or refusing to perform any other 

banking services on such day. 

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Honorable Robert E. Stewart, page 3 (M-464) 

“Sec. lb. The provisions of Section la of 

this Act shall be completely permissive with each 

individual bank or trust company in this State, and 

no bank, trust company, clearing house association, 

or group of banks or trust companies, shall discriminate against or refuse its services to any bank or 

trust company or enter into any agreement to discriminate against or refuse its services, either directly or indirectly to any bank or trust company 

which may or may not elect to exercise any of the 

options contained in Section la of this Act. The provisions of the Antitrust Laws of this State shall be 

applicable to the provisions of this Act, and the Attorney General of Texas shall institute and prosecute any legal proceedings authorized by law to enforce the provisions of this Act, including forfeiture 

of right to do business in Texas for violation of such 

provisions. ” 

It is the opinion of this office that Section la was enacted for the 

benefit of banks. Its primary purpose is to permit banks or trust companies 

to close on days other than legal holidays. Furthermore, it permits banks 

or trust companies to be open to perform limited banking services without 

subjecting themselves to certain liabilities or loss of rights that might otherwise be incurred on a regular business day or refusing to perform any other 

banking services on such day. 

There is no language in Article 342-910a which makes it an offense 

for a bank to engage in general banking services on a day it has designated 

to be closed or open for the limited purpose of performing limited banking 

services. On the contrary, Section lb states that Section la is completely 

permissive with each individual bank or trust company. The first sentence 

of Section la reads that a bank or trust company may, at its option, close 

for general banking purposes on Saturday or any other weekday. In addi- . 

tion, it states if any bank or trust company elects to close for general 

banking, it may, at its option, remain open on such day for the purpose of 

performing limited banking services. 

In addition, there is no language in Article 342-910a or in any other 

provision of the Texas Bankings Code granting the Banking Commissioner 

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Honorable Robert E. Stewart, page 4 (M-464) 

the power or authority to order a bank to cease and desist from performing services other than those defined as limited banking services on a day 

it has designated to be closed or open for limited banking purposes. 

It is the opinion of this office, therefore, that Section la is purely 

discretionary with each individual bank, and the Banking Commissioner 

has no authority, power or duties with respect to Section la. The answer 

to your first question,, therefore, is that the Banking Commissioner has 

no authority, power or duty to require National Banks to cease and desist from accepting deposits on Saturday under the circumstances you set 

out. 

Furthermore, you request this office to advise “whether the Banking Commissioner has the authority, power and duty to permit State Banks 

to accept deposits competitively with the manner of acceptance by National 

Banks. ‘I This question has been interpreted to ask whether the Banking 

Commissioner can permit a State bank to accept deposits on a day it has 

elected to be closed but remain open for limited banking services and continue,to gain the benefit of Section la. 

An administrative agency has only such powers as are expressly 

granted to it by statute together with those necessarily implied from the 

authority conferred or duties imposed. See Stauffer v. San Antonio, 162 

Tex. 139 344 S. W. 2d 158 ( 1961). Where the Legislature acts with respect 

to a particular matter, the administrative agency may not so act with respect to the matter as to nullify the Legislature’s action even though the 

matter be within the agency’s general regulatory field. State v. Jackson, 

376 S. W. 2d 341~(Tex. Sup. 1964). 

In Section la, the Legislature has expressly defined the type of 

banking services a bank or trust company can perform on a limited banking service day. Such definition does not include the acceptance of deposits. No authority is found in the Act granting the Banking Commissioner, 

expressly or impliedly, the authority to expand or limit this definition. .It 

is the opinion of this office, therefore, that the Banking Commissioner does 

not have the authority, power or duty to permit State banks to accept deposits on a day it has designated to be closed for general banking purposes 

but open to perform limited banking services. The State bank, like the 

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Honorable Robert E. Stewart, page 5 (M-464) 

National bank, may receive deposits on such day; however, it would be 

subjecting itself to liabilities or loss of rights that it might incur on a 

regular business day and would be waiving any benefits it might derive 

from Section la. 

SUMMARY 

The Banking Commissioner has no authority, 

power or duty to force a National bank to comply with 

the provisions of Section la of Article 342-910a, Vernon’s Civil Statutes, nor does he have the power, authority or duty to permit State banks to accept deposits on a 

day it has designated to be closed for general banking 

purposes, but open for limited banking services without having said bank waive the benefits provided by said 

Section. 

eneral of Texas 

Prepared by Edward H. Esquivel 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

George Kelton, Vice-Chairman 

James McCoy 

Gordon C. Cass 

James Quick 

Fielding Early 

Meade F. Griffin 

Staff Legal Assistant 

Hawthorne Phillips 

Executive Assistant 

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