(a) Notwithstanding § 34.003(a), a state bank may hold nonparticipating royalty interests if:
(1) the state bank acquires the interest pursuant to § 34.003(a)(3) or retains the interest in a sale of property acquired under that section;
(2) the interest is nonparticipating due to the fact the interest:
(A) is nonpossessory;
(B) does not bear executive rights, the right of ingress and egress, the right to receive bonus payments, or the right to receive delay rentals; and
(C) is accordingly not subject to expenses of exploration, development, production, operation, maintenance, or abandonment, or other expenses associated with extracting and marketing the minerals subject to the interest;
(3) the interest is reasonably valued on the books of the state bank for not more than a nominal amount, and the aggregate amount of earnings from such interests is separately disclosed in the annual financial statements of the state bank;
(4) the state bank does not make any new investments relating to the interests without the approval of the banking commissioner; and
(5) the banking commissioner determines that the possession of such interests is not inconsistent with the safety and soundness of the state bank.
(b) The banking commissioner may order a state bank that holds nonparticipating royalty interests to divest such interests at any time if the banking commissioner determines that continued ownership of such interests is detrimental to the state bank.

(c) Subject to compliance with this section, nonparticipating royalty interests are not considered to be real property for purposes of this subtitle.