2023 Texas Statutes › Business Organizations Code › Title 2 - Corporations › Chapter 23 - Special-Purpose Corporations › Subchapter B. Business Development Corporations › Section 23.054. Powers

Sec. 23.054.  POWERS.  (a)  The powers of a corporation include, in addition to the powers conferred on the corporation by Chapters 2 and 21 or 22, as applicable, the power to:
(1)  elect, appoint, and employ officers, agents, and employees;
(2)  make contracts and incur liabilities for a purpose of the corporation;
(3)  borrow money on a secured or unsecured basis to carry out a purpose of the corporation;
(4)  issue for the purpose of borrowing money a bond, debenture, note, or other evidence of indebtedness, whether secured or unsecured;
(5)  secure an evidence of indebtedness by mortgage, pledge, deed of trust, or other lien on a property, franchise, right, or privilege of the corporation, or any part of or interest in those items, without securing shareholder or member approval;
(6)  make a secured or unsecured loan and establish and regulate the terms and conditions of that loan and the charges for interest or service connected with that loan;
(7)  purchase, receive, hold, lease, or otherwise acquire, and sell, convey, transfer, lease, or otherwise dispose of, property and exercise those rights and privileges incidental and appurtenant to the acquisition or disposal of the property and to the use of the property, including any property acquired by the corporation periodically in the satisfaction of a debt or enforcement of an obligation;
(8)  acquire improved or unimproved real property to construct an industrial plant or other business establishment on the property or dispose of the real property for the construction of an industrial plant or other business establishment;
(9)  acquire, construct or reconstruct, alter, repair, maintain, operate, sell, convey, transfer, lease, or otherwise dispose of an industrial plant or business establishment;
(10)  protect the corporation's position as creditor by acquiring the goodwill, business, rights, property, including a share, bond, debenture, note, other evidence of indebtedness, other asset, or any part of an asset or interest in an asset, of a person to whom the corporation loaned money and assume, undertake, or pay an obligation, debt, or liability of the person;
(11)  mortgage, pledge, or otherwise encumber any property, right, or thing of value, acquired under Subdivision (7), (8), (9), or (10), as security for the payment of a part of the purchase price;
(12)  promote the establishment of local development corporations in the various communities of this state, enter into agreements with those local development corporations, and cooperate with, assist, or otherwise encourage the local foundations;  and
(13)  participate with a properly authorized federal lending agency in the making of loans.
(b)  A corporation may approve an application for a loan under Subsection (a)(6) only if the applicant demonstrates that:
(1)  the applicant applied for the loan through ordinary banking channels;  and
(2)  the loan has been refused by at least two banks or other financial institutions.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Sec. 23.055.  STATEWIDE OPERATION.  A corporation organized under this subchapter is a state development company as defined by Section 103, Small Business Investment Act of 1958 (15 U.S.C. Section 662), as amended, or similar federal legislation, and may operate on a statewide basis.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.