Wells Fargo Bank of Texas NA v. James

BENAVIDES, Circuit Judge:

This banking case presents a preemption question. The Texas Legislature enacted a par value statute, Tex. Bus. & Com.Code § 4.112, (hereinafter “Par Value”) which prohibits banks in Texas, including national banks, from charging a fee for cashing a check that is presented to be drawn against an account that the bank itself holds. Plaintiffs-appellees Wells Fargo Bank of Texas, et al. (the “Banks”) are national banks that do business in Texas. 1 The Banks contend that Par Val ue is preempted by the National Bank Act, 12 U.S.C. § 21 et seq., and by 12 C.F.R. §…