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State Law
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Texas Finance Code - Chapter 14 Consumer Credit CommissionerLegal Research Home > Texas Lawyer > Finance Code > Texas Finance Code - Chapter 14 Consumer Credit Commissioner (a) In this chapter: (1) "Document" includes books, accounts, correspondence, records, and papers. (2) "Office" means the Office of Consumer Credit Commissioner. (b) The definitions ... (a) The finance commission shall appoint the commissioner. (b) The commissioner: (1) serves at the will of the commission; and (2) is subject to orders ... The division of consumer protection is a division in the office and is under the direction of the commissioner. Acts 1997, 75th Leg., ch. 1008, ... (a) Chapter 654, Government Code, applies to an office position only if the position is classified in salary groups 1-10 under the state's position classification ... Before assuming the duties of office, the commissioner and each assistant commissioner, examiner, and other employee of the office must take an oath of office ... (a) The commissioner or an assistant commissioner, examiner, or other employee of the office is not personally liable for damages arising from the person's official ... (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ... (a) The commissioner or a person designated by the commissioner shall develop a system of annual employee performance evaluations based on measurable job tasks. (b) ... (a) The commissioner or the commissioner's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure ... (a) The commissioner or a person designated by the commissioner shall develop an intra-agency career ladder program. (b) The program must require intra-agency posting of ... (a) The commissioner, on the direction of the finance commission, shall report to the finance commission on all the receipts and expenditures of the office. ... The cost of an audit of the office under Chapter 321, Government Code, shall be paid to the state auditor from the funds of the ... (a) The office shall maintain a file on each written complaint filed with the office. The file must include: (1) the name of the person ... The office is a governmental body subject to Chapter 551, Government Code. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. ... The commissioner shall: (1) prepare information of consumer interest describing: (A) the regulatory functions of the office; and (B) the office's procedures by which consumer ... The commissioner may appoint, remove, and prescribe the duties of assistant commissioners, examiners, and other employees as necessary to maintain and operate the office, including ... The office is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished ... The commissioner or the commissioner's designee shall provide to agency employees information and training on the benefits and methods of participation in the state employee ... The commissioner shall enforce this chapter, Subtitles B and C of Title 4, and Chapter 394 in person or through an assistant commissioner, examiner, or ... The commissioner shall coordinate, encourage, and assist public and private agencies, organizations, groups, and consumer credit institutions in developing and operating voluntary educational and debt ... The commissioner, through the division of consumer protection, shall coordinate, encourage, and assist public and private agencies, organizations, groups, and consumer protection institutions in developing ... A written contract of an authorized lender subject to regulation by the office must contain the name, mailing address, and telephone number of the office. ... (a) The commissioner may accept money, gifts, or grants on behalf of the state for a purpose related to a consumer credit educational opportunity or ... The commissioner or the commissioner's designee shall provide to agency employees, as often as necessary, information regarding the requirements for employment under this chapter, including ... (a) The finance commission shall establish reasonable and necessary fees for carrying out the commissioner's powers and duties under this chapter, Title 4, and Chapters ... (a) The commissioner may issue an interpretation of this chapter or Subtitle A or B, Title 4, after approval of the interpretation by the finance ... (a) The commissioner or an assistant commissioner, examiner, or other employee of the office shall obtain criminal history record information maintained by the Department of ... The commissioner may refuse to grant a license to, or may suspend or revoke the license of, an applicant or license holder who fails to ... (a) The commissioner shall send fingerprints and other identification information to the Department of Public Safety to be retained by that department. (b) The Department ... (a) Criminal history record information received by the office is confidential and is for the exclusive use of the office. (b) Except on court order ... (a) The office may not provide a person being investigated under this subchapter with a copy of the person's criminal history record obtained from the ... In addition to an investigation fee paid to the commissioner by a license applicant, the commissioner is entitled to recover from an applicant or license ... The finance commission shall adopt rules governing the custody and use of information obtained under this subchapter. Acts 1997, 75th Leg., ch. 1008, § 1, ... Investigative and enforcement authority under this subchapter applies only to this chapter, Subtitles B and C of Title 4, and Chapter 394. Acts 1997, 75th ... (a) On receipt of a written complaint or other reasonable cause to believe that a person is violating a statute listed by Section 14.201, the ... (a) During an investigation, the commissioner may issue a subpoena or summons that is addressed to a peace officer of this state and requires the ... (a) If a person disobeys a subpoena or if a witness appearing before the commissioner refuses to testify, the commissioner may petition the district court ... (a) During an investigation described by this subchapter, the commissioner may appoint a hearing officer to conduct the investigation. (b) On appointment, a hearing officer ... (a) The fee for serving a subpoena under this subchapter is the same as that paid a sheriff or constable for performing a similar service. ... The commissioner may impose on a party in interest of record fees, expenses, or costs incurred in connection with a hearing or may divide the ... (a) If the commissioner has reasonable cause to believe that a person is violating a statute to which this chapter applies, the commissioner, in addition ... (a) In addition to other remedies for the enforcement of a restraining order or injunction, the court in which an action is brought under Section ... (a) The commissioner may assess an administrative penalty against a person who knowingly and wilfully violates or causes a violation of this chapter, Chapter 394, ... (a) The commissioner may assess an administrative penalty for a violation in an amount not to exceed $1,000 for each day of the violation. (b) ... If the commissioner determines that a violation occurred, the commissioner may issue a report that states: (1) the facts on which the determination is based; ... (a) Not later than the 14th day after the date on which a report is issued, the commissioner shall give written notice of the report ... Not later than the 20th day after the date on which a person receives notice under Section 14.254, the person may: (1) accept in writing ... If a person accepts the determination and recommended penalty of the commissioner, the commissioner by order shall approve the determination and impose the recommended penalty. ... (a) If a person requests a hearing or fails to give a timely response to the notice, the commissioner shall set a hearing and give ... (a) The enforcement of the penalty may be stayed during the time the order is under judicial review if the person pays the penalty to ... In addition to the administrative penalty or restitution amount, the court may authorize the commissioner to recover from a person who pays an administrative penalty ... A proceeding under this subchapter is subject to Chapter 2001, Government Code. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. ... (a) In administering this chapter, the commissioner may accept assurance of voluntary compliance from a person who is engaging in or has engaged in an ... (a) An assurance of voluntary compliance is not an admission of a violation of: (1) this chapter or a rule adopted under this chapter; (2) ... A matter closed by the filing of an assurance of voluntary compliance may be reopened at any time. Added by Acts 2005, 79th Leg., ch. ... (a) An assurance of voluntary compliance does not affect the right of an individual to bring an action, except as provided in Chapter 349 and ... A party in interest aggrieved by a final decision of the commissioner is entitled to judicial review. Acts 1997, 75th Leg., ch. 1008, § 1, ... An appeal of a decision of the commissioner refusing to grant a license to an applicant or revoking the license of a license holder shall ... On a showing of good cause, the commissioner or the reviewing court may enter an order staying the effect of a final decision of the ... Last modified: August 10, 2007 |