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State Law
Federal Law
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Texas Finance Code - Chapter 185 Enforcement ActionsLegal Research Home > Texas Lawyer > Finance Code > Texas Finance Code - Chapter 185 Enforcement Actions (a) If the banking commissioner determines from examination or other credible evidence that a state trust company is in a condition that may warrant the ... (a) The banking commissioner has grounds to issue a cease and desist order to an officer, employee, director, manager, or managing participant of a state ... (a) The banking commissioner has grounds to remove a present or former officer, director, manager, managing participant, or employee of a state trust company from ... (a) A requested hearing on a proposed order shall be held not later than the 30th day after the date the first request for a ... (a) If the banking commissioner believes that immediate action is needed to prevent immediate and irreparable harm to the state trust company and its clients, ... A copy of any determination letter, proposed order, emergency order, or final order issued by the banking commissioner under this subchapter shall be immediately brought ... (a) Except as provided by other law, without the prior written approval of the banking commissioner, a person subject to a final and enforceable removal ... The banking commissioner may not initiate an enforcement action under this subchapter later than the fifth anniversary of the date the banking commissioner discovered or ... (a) If the banking commissioner reasonably believes that a state trust company or person has violated a final and enforceable cease and desist, removal, or ... (a) The banking commissioner may initiate a proceeding for an administrative penalty against a state trust company by serving on the state trust company notice ... (a) When a penalty order under Section 185.010 becomes final, a state trust company shall pay the penalty or appeal by filing a petition for ... A copy of a notice, correspondence, transcript, pleading, or other document in the records of the department relating to an order issued under this subchapter ... The banking commissioner may sue to enforce the collection of a fee owed to the department under a law administered by the banking commissioner. In ... (a) The banking commissioner by order may appoint a supervisor over a state trust company if the banking commissioner determines from examination or other credible ... (a) The banking commissioner by order may appoint a conservator for a state trust company if the banking commissioner determines from examination or other credible ... (a) An order issued under Section 185.101 or 185.102 must contain or be accompanied by a notice that, at the request of the state trust ... (a) If after the hearing the banking commissioner finds that the state trust company has been rehabilitated, that its hazardous condition has been remedied, that ... An order issued under this subchapter and a copy of a notice, correspondence, transcript, pleading, or other document in the records of the department relating ... During a period of supervision, a state trust company, without the prior approval of the banking commissioner or the supervisor or as otherwise permitted or ... (a) A conservator appointed under this subchapter shall immediately take charge of the state trust company and all of its property, books, records, and affairs ... The banking commissioner may appoint as a supervisor or conservator any person who in the judgment of the banking commissioner is qualified to serve. The ... (a) The banking commissioner shall determine and approve the reasonable expenses attributable to the service of a supervisor or conservator, including costs incurred by the ... (a) Notwithstanding Section 185.107(b), a majority of the state trust company's board, acting directly or through counsel who affirmatively represents that the requisite majority has ... (a) A suit filed against a state trust company while the state trust company is under conservatorship, or against a person in connection with an ... A supervisor or conservator serves for the period necessary to accomplish the purposes of the supervision or conservatorship as intended by this subchapter. A rehabilitated ... The banking commissioner may take any action authorized under Chapter 186 regardless of the existence of supervision or conservatorship. A period of supervision or conservatorship ... This subchapter does not prevent release of a state trust company from supervision or conservatorship before a hearing if the banking commissioner is satisfied that ... (a) If the banking commissioner has reason to believe that a person has engaged, is engaging, or is likely to engage in an unauthorized trust ... (a) This section applies only to an investigation of an unauthorized trust activity as provided by Section 185.201, and does not affect the conduct of ... (a) If necessary, the banking commissioner may apply to a district court in Travis County or in the county in which the subpoena was served ... (a) A book, account, record, paper, correspondence, or other document subpoenaed and produced under Section 185.202 that is otherwise made privileged or confidential by law ... (a) On certification by the banking commissioner, a book, record, paper, or document produced or testimony taken as provided by Section 185.202 and held by ... (a) The banking commissioner may serve a proposed cease and desist order on a person the banking commissioner believes is engaging or is likely to ... (a) The banking commissioner may issue an emergency cease and desist order to a person who the banking commissioner reasonably believes is engaging in a ... (a) A person affected by a cease and desist order issued, affirmed, or modified after a hearing may file a petition for judicial review. (b) ... (a) If the banking commissioner reasonably believes that a person has violated a final and enforceable cease and desist order, the banking commissioner may: (1) ... (a) The banking commissioner may initiate an action for an administrative penalty against a person for a violation of a cease and desist order by ... (a) When an administrative penalty order under Section 185.210 becomes final, a person affected by the order, within the time permitted by law for appeal, ... (a) If on judicial review the court sustains the penalty order, the court shall order the person to pay the full amount of the penalty ... Last modified: August 10, 2007 |