City National Bank of Austin v. Falkner, No. 11599

CourtTexas Court of Civil Appeals
Writing for the CourtHUGHES
Citation428 S.W.2d 429
PartiesCITY NATIONAL BANK OF AUSTIN, Appellant, v. J. M. FALKNER et al., Appellees. . Austin
Decision Date01 May 1968
Docket NumberNo. 11599

Page 429

428 S.W.2d 429
CITY NATIONAL BANK OF AUSTIN, Appellant,
v.
J. M. FALKNER et al., Appellees.
No. 11599.
Court of Civil Appeals of Texas.
Austin.
May 1, 1968.
Rehearing Denied May 29, 1968.

Sneed, Vine, Wilkerson & Selman, Robert C . Sneed, Louis Scott Wilkerson, Austin, for appellant.

Crawford C. Martin, Atty. Gen., George M. Cowden, 1st Asst. Atty. Gen., A. J. Carubbi, Jr., Staff Legal Asst. Atty. Gen., Sam Kelley, Robert Flowers, C. Fielding Early, Asst. Attys. Gen., Austin, McGinnis, Lochridge,

Page 430

Kilgore, Byfield, Hunter & Wilson, Joe M. Kilgore, James W. Wilson, Shannon H. Ratliff, Austin, for appellees.

HUGHES, Justice.

This is a declaratory judgment suit in which City National Bank of Austin, appellant, sought a declaration of law that it is within the power of the State Banking Board of grant or deny permission to the Texas State Bank to move its domicile and banking house from its present location in the City of Austin to another location, diagonally across the street from City National, in the City of Austin. The Board and Texas State were named defendants. City National also sought appropriate injunctive relief if the law was declared as requested.

Motion for summary judgment was made by the Board and Texas State Bank, and judgment was granted that appellant take nothing by its suit.

By Sec. 2, Ch. 673, S.B. 546, p. 1772, Acts of 60th Leg.Reg.Sess., 1967, Chapter III of the Texas Banking Code of 1943 as amended was amended, effective June 17, 1967, by adding a new section entitled Article 14. We copy all of Secs. 2, 3, 4, 5 and 6 of S.B. 546: 1

'Sec. 2. Chapter III of the Texas Banking Code of 1943, as amended, is hereby amended by adding thereto a new Section immediately following Article 13a, to be entitled Article 14 which shall read as follows:

'Article 14.

'No state bank shall hereafter change its domicile without first having received approval for such change from the State Banking Board in the manner provided for the approval of an original application for a charter.'

Sec. 3. This Act shall have no application to any change of domicile of a state bank for which an application for approval of such change was filed with the Federal Deposit Insurance Corporation prior to April 6, 1967.

Sec. 4. If any provision, Section, sentence, clause or part of this Act or the application thereof to any person or circumstance is held invalid, such holding shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application and to this end the provisions of this Act are declared to be severable.

Sec. 5. All laws or parts of laws which are in conflict with this Act are hereby repealed or modified to the extent of such conflict only.

Sec. 6. The fact, that there is no provision in the present banking laws requiring approval of the State Banking Board of changes of domicile of state banks, creates an emergency and an imperative public necessity that the Constitutional Rule requiring bills to be read on three separate days in each House be suspended, and said Rule is hereby suspended; and this Act shall take effect and be in force from and after its passage, and it is so enacted.'

The caption to S.B. 546, Chapter 673, supra, reads:

'An Act amending Chapter III, Article 12, being a part of the Texas Banking Code of 1943, the same being Chapter 97, Acts of the 48th Legislature, Regular Session, 1943; and adding a new Section to Chapter III, as amended, to be known as Article 14; authorizing stock option plans for state banks, with certain restrictions; providing for perpetual or limited corporate existence for state banks; providing that amendments to Articles of Association of State Banks changing the domicile of any state bank shall be approved by the State Banking Board and further providing that no state bank shall hereafter

Page 431

after move its domicile without prior approval of the State Banking Board; providing a savings clause; providing for severability; providing that all laws or parts of laws which are in conflict with this Act are repealed or modified to the extent of such conflict only; and declaring an emergency.'

Appellant attacks the validity of Sec. 3 of S.B. 546, on grounds that it violates the Equal Protection Clause and the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States, and that it violates Sec. 35 of Art. 3 of the Constitution of Texas, Vernon's Ann.St., for the reason that the subject of Sec. 3 is not expressed in the title.

The following facts are undisputed:

Appellee Texas State Bank presently has its domicile at 1904 Guadalupe Street in Austin, Texas. It proposes to move to 900 Congress Avenue in such city. Appellant, a national Bank, has its domicile 144 feet diagonally across the intersection of Ninth and Congress Avenue from the place to which appellee Texas State Bank proposes to move. Texas State Bank contemplates making such move without making any showing to the Board that public necessity and convenience exists for the establishment of a bank at 900 Congress Avenue in Austin, Texas, or that the establishment of a bank at such location would probably be profitable.

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5 practice notes
  • Commercial Nat. Bank of Chicago v. City of Chicago, No. 55457
    • United States
    • Supreme Court of Illinois
    • January 25, 1982
    ...of Teachers, Local 59 v. Obermeyer (1966), 275 Minn. 347, 353, 147 N.W.2d 358, 363; City National Bank v. Falkner (Tex.Civ.App.1968), 428 S.W.2d 429, 432, writ of error refused (Tex.1968), 432 S.W.2d 689; 16 Am.Jur.2d Constitutional Law § 271 (1979).) In a different factual setting the seve......
  • State v. Woffort
    • United States
    • Court of Appeals of Texas
    • November 30, 2000
    ...permit the court to invade the law-making province of the legislature. Levinson, 274 S.W.2d at 78; City Nat'l Bank of Austin v. Falkner, 428 S.W.2d 429, 432 (Tex. Civ. App.--Austin 1968, writ ref'd The current version of section 47.01(4) defining "gambling device" was enacted in 1......
  • Citizens Bank of Bryan v. First State Bank, Hearne, No. B-7897
    • United States
    • Supreme Court of Texas
    • April 18, 1979
    ...of College Station, in Brazos County, is a change in domicile to which the statute applies. Cf. City National Bank of Austin v. Falkner, 428 S.W.2d 429 (Tex.Civ.App.1968, writ ref'd, no reversible error with Per Curiam opinion), Tex., 432 S.W.2d The statute requires that the approval for a ......
  • Live Stock State Bank, Artesian, Application of, Nos. 11884
    • United States
    • Supreme Court of South Dakota
    • April 7, 1977
    ...Broadway National Bank v. Linwood State Bank, 1970, Mo., 456 S.W.2d 296; City National Bank of Austin v. Falkner, 1968, Tex.Civ.App., 428 S.W.2d 429. Unfortunately, we do not have such a specific statute in South Dakota's banking laws. The only mention of a power to regulate a bank's change......
  • Request a trial to view additional results
5 cases
  • Commercial Nat. Bank of Chicago v. City of Chicago, No. 55457
    • United States
    • Supreme Court of Illinois
    • January 25, 1982
    ...of Teachers, Local 59 v. Obermeyer (1966), 275 Minn. 347, 353, 147 N.W.2d 358, 363; City National Bank v. Falkner (Tex.Civ.App.1968), 428 S.W.2d 429, 432, writ of error refused (Tex.1968), 432 S.W.2d 689; 16 Am.Jur.2d Constitutional Law § 271 (1979).) In a different factual setting the seve......
  • State v. Woffort
    • United States
    • Court of Appeals of Texas
    • November 30, 2000
    ...permit the court to invade the law-making province of the legislature. Levinson, 274 S.W.2d at 78; City Nat'l Bank of Austin v. Falkner, 428 S.W.2d 429, 432 (Tex. Civ. App.--Austin 1968, writ ref'd The current version of section 47.01(4) defining "gambling device" was enacted in 1......
  • Citizens Bank of Bryan v. First State Bank, Hearne, No. B-7897
    • United States
    • Supreme Court of Texas
    • April 18, 1979
    ...of College Station, in Brazos County, is a change in domicile to which the statute applies. Cf. City National Bank of Austin v. Falkner, 428 S.W.2d 429 (Tex.Civ.App.1968, writ ref'd, no reversible error with Per Curiam opinion), Tex., 432 S.W.2d The statute requires that the approval for a ......
  • Live Stock State Bank, Artesian, Application of, Nos. 11884
    • United States
    • Supreme Court of South Dakota
    • April 7, 1977
    ...Broadway National Bank v. Linwood State Bank, 1970, Mo., 456 S.W.2d 296; City National Bank of Austin v. Falkner, 1968, Tex.Civ.App., 428 S.W.2d 429. Unfortunately, we do not have such a specific statute in South Dakota's banking laws. The only mention of a power to regulate a bank's change......
  • Request a trial to view additional results

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