SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 126.001 - Appointment Of Conservator Or Liquidating Agent
The commissioner may appoint any person, including the share and deposit guaranty corporation or credit union provided for by Section 15.410, as a conservator or...
- Texas Section 126.002 - Confidentiality Of Information
(a) Except as provided by Subsections (b) and (c), information obtained directly or indirectly by the department in any manner, including by application or examination,...
SUBCHAPTER B EXAMINATIONS
- Texas Section 126.003 - Enforceability Of Agreement Made By Credit Union Before Conservatorship Or Liquidation
An agreement that tends to diminish or defeat the interest of the conservator or liquidating agent in an asset acquired under this chapter, either as...
- Texas Section 126.051 - Examinations
(a) The department, through examiners it appoints and in accordance with commission rules, shall periodically examine the books and records of each credit union. (b)...
- Texas Section 126.052 - Access To Information
An officer, director, agent, or employee of a credit union shall give an examiner free access to any information relating to the credit union's business,...
- Texas Section 126.053 - Witnesses; Production Of Documents
(a) In an examination conducted under this subchapter, the commissioner or the commissioner's designee may: (1) subpoena witnesses; (2) administer an oath or affirmation to...
- Texas Section 126.054 - Report Of Examination
(a) An examiner shall report the results of an examination, including a general statement of the credit union's affairs, on a form prescribed by the...
SUBCHAPTER C CONSERVATORSHIP ORDER
- Texas Section 126.055 - Fee
The commission may establish and a credit union shall pay a fee based on the cost of performing an examination of the credit union. Acts...
- Texas Section 126.101 - Conservatorship Order; Appointment Of Conservator
(a) The commissioner may immediately issue a conservatorship order and appoint a conservator to manage a credit union's affairs if: (1) the commissioner, in performing...
- Texas Section 126.102 - Service Of Order
(a) A conservatorship order must be served personally to an officer or director of the credit union by the commissioner, the deputy commissioner, or another...
- Texas Section 126.103 - Effect Of Order
Following service of a conservatorship order: (1) the commissioner shall take possession and control of the credit union's books, records, property, assets, and business; and...
- Texas Section 126.105 - Appeal Of Order; Hearing
(a) Unless the board waives its right to appeal under Section 126.101(c), the board may file a written appeal of the conservatorship order with the...
- Texas Section 126.106 - Failure To Appeal Or Appear
If the board does not appeal the conservatorship order or fails to appear at the hearing provided for by Section 126.105, the credit union is...
- Texas Section 126.107 - Extension Of Date And Time For Hearing
The parties may agree to extend the date and time of the hearing. Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER D ADMINISTRATION OF CONSERVATORSHIP
- Texas Section 126.108 - Confidentiality; Disclosure
A conservatorship order and a copy of a notice, correspondence, transcript, pleading, or other document relating to the order are confidential and may be disclosed...
- Texas Section 126.151 - Conservator Subject To Commission Control
A conservator shall exercise the powers authorized under Sections 126.152-126.154 subject to commission rules and under the commissioner's supervision. Acts 1997, 75th Leg., ch. 1008,...
- Texas Section 126.152 - General Powers Of Conservator
The conservator may: (1) take possession and control of the books, records, property, assets, and business of the credit union; (2) conduct the business and...
- Texas Section 126.153 - Powers Relating To Claims
The conservator may: (1) determine the existence and amount of claims; (2) allow proved claims of security, preference, or priority; (3) disallow unproved claims of...
- Texas Section 126.154 - Power To Repudiate Burdensome Transaction
The conservator may repudiate a contract or unexpired lease the conservator considers burdensome to the credit union. Acts 1997, 75th Leg., ch. 1008, Sec. 1,...
- Texas Section 126.155 - Power To Protect, Preserve, And Recover Property
(a) The conservator may take measures necessary to preserve, protect, and recover the assets or property of the credit union, including filing a lawsuit against...
- Texas Section 126.156 - Duties Of Conservator
The conservator shall: (1) take actions as directed by the commissioner to remove the causes and conditions that made the conservatorship necessary; and (2) report...
- Texas Section 126.157 - Term Of Conservator
The conservator shall serve until the purposes of the conservatorship are accomplished. Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
- Texas Section 126.158 - Transfer Of Management Of Rehabilitated Credit Union
If the credit union is rehabilitated, the conservator shall return the management of the credit union to the board under terms that are reasonable and...
- Texas Section 126.159 - Cost Of Conservatorship
(a) The commissioner shall determine and approve any reasonable expenses attributable to the service of a conservator, including costs incurred by the department and the...
- Texas Section 126.160 - Jurisdiction And Venue
(a) A suit filed against a credit union while the credit union is under conservatorship, or against a person in connection with an action taken...
SUBCHAPTER E LIQUIDATION ORDER; INJUNCTION
- Texas Section 126.161 - Exhaustion Of Administrative Remedies
Administrative remedies must be exhausted before a court may: (1) assert jurisdiction over a claim against the conservator or the credit union; or (2) restrain...
- Texas Section 126.201 - Liquidation Order; Appointment Of Liquidating Agent
(a) After the commissioner has issued a conservatorship order and provided an opportunity for hearing, the commissioner by liquidation order may appoint a liquidating agent...
- Texas Section 126.202 - Service Of Order
The commissioner shall serve a liquidation order in the same manner provided for service of a conservatorship order. Acts 1997, 75th Leg., ch. 1008, Sec....
- Texas Section 126.203 - Suit For Injunction
(a) Not later than the fifth day after the date on which the liquidation order is served, a credit union that has not requested or...
- Texas Section 126.204 - Action Pending Injunction Hearing
(a) The court, without notice or hearing, may restrain the commissioner from liquidating the credit union's assets until after a hearing on the suit is...
- Texas Section 126.205 - Hearing On Injunction; Appeal
(a) The court, as soon as possible, shall hear the suit and shall enter a judgment enjoining or refusing to enjoin the commissioner from liquidating...
SUBCHAPTER F ADMINISTRATION OF LIQUIDATION
- Texas Section 126.206 - National Credit Union Administration As Liquidating Agent
(a) The commissioner may tender a credit union that has been closed for liquidation to the National Credit Union Administration or its successor as liquidating...
- Texas Section 126.251 - Permissible Activities In Liquidation
(a) A credit union in liquidation continues in existence to discharge debts, collect and distribute assets, and wind up the credit union's business. (b) The...
- Texas Section 126.252 - Compensation Of Credit Union Employees And Officers
(a) This chapter does not prevent compensation of a salaried employee or officer of a credit union during the credit union's liquidation. (b) The compensation...
- Texas Section 126.253 - Liquidating Agent Subject To Commission Control
The liquidating agent shall perform the duties required by the following sections subject to commission rules and under the commissioner's supervision: (1) Sections 126.254-126.258; and...
- Texas Section 126.254 - Possession, Consolidation, And Disposition Of Assets
The liquidating agent shall: (1) receive and take possession of the books, records, assets, and property of the credit union; (2) sell, enforce collection of,...
- Texas Section 126.255 - Compound Debts
The liquidating agent shall compound all bad or doubtful debts. Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
- Texas Section 126.256 - Court Action By Liquidating Agent
The liquidating agent shall: (1) sue in the name of the liquidating agent or may sue in the name of the credit union; and (2)...
- Texas Section 126.257 - Repudiation Of Burdensome Transactions
The liquidating agent shall repudiate a contract or unexpired lease the liquidating agent considers burdensome to the credit union. Acts 1997, 75th Leg., ch. 1008,...
- Texas Section 126.258 - Execution Of Documents; Other Necessary Acts
The liquidating agent may execute any document and perform any other action that: (1) the liquidating agent considers necessary or desirable to discharge the liquidating...
- Texas Section 126.259 - Jurisdiction And Venue
(a) A suit against a credit union or its liquidating agent while a liquidation order is in effect must be brought in Travis County. (b)...
SUBCHAPTER G CLAIMS RELATING TO CREDIT UNION IN LIQUIDATION
- Texas Section 126.260 - Exhaustion Of Administrative Remedies
Except as provided by Subchapter E, administrative remedies must be exhausted before a court may: (1) assert jurisdiction over a claim against the liquidating agent...
- Texas Section 126.301 - Claims Against Credit Union
The liquidating agent shall: (1) determine the existence and amount of claims; (2) allow proved claims of security, preference, or priority; (3) settle or release...
- Texas Section 126.302 - Notice To Creditors And Members
(a) The liquidating agent shall give notice to creditors and members to present and prove their claims. (b) The notice must be published once a...
- Texas Section 126.303 - Priority Of Claims
The liquidating agent shall use the credit union's assets to pay, in the following order: (1) secured creditors to the extent of the value of...
- Texas Section 126.304 - Liquidation Dividends
(a) The liquidating agent from time to time shall make a ratable liquidation dividend on claims that have been: (1) proved to the satisfaction of...
- Texas Section 126.305 - Payment Of Claims In "No Publication" Liquidation
(a) In a "no publication" liquidation, the liquidating agent shall determine from all sources available, and within the limits of the credit union's available money,...
SUBCHAPTER H LIQUIDATING AGENT
- Texas Section 126.306 - Barred Claims
(a) A claim not filed before the liquidating agent pays the final liquidation dividend is barred. (b) A claim rejected by the liquidating agent is...
- Texas Section 126.351 - Removal Of Liquidating Agent
(a) On finding that the liquidating agent has failed to properly perform the liquidating agent's duties in a timely and efficient manner or has violated...
- Texas Section 126.352 - Replacement Of Liquidating Agent
The commissioner shall appoint another liquidating agent on a liquidating agent's resignation, death, illness, removal, desertion, or incapacity to function. Acts 1997, 75th Leg., ch....
- Texas Section 126.353 - Conflict Of Interest
(a) The liquidating agent may not acquire an asset of the credit union in liquidation or purchase a loan of the credit union without the...
SUBCHAPTER I COMPLETION OF LIQUIDATION
- Texas Section 126.354 - Compensation
(a) A liquidating agent is entitled to receive reasonable compensation during the liquidation. (b) The compensation is considered an incidental expense of the liquidation. Acts...
- Texas Section 126.401 - Certificate Of Liquidation And Distribution
The commissioner shall prescribe the form of a certificate to be completed by the liquidating agent attesting that distribution has been made and liquidation is...
- Texas Section 126.402 - Cancellation Of Certificate Of Incorporation
The commissioner, on receipt and approval of the certificate executed under Section 126.401, shall cancel the credit union's certificate of incorporation. Acts 1997, 75th Leg.,...
SUBCHAPTER J VOLUNTARY LIQUIDATION
- Texas Section 126.403 - Winding Up Of Credit Union Business
During the three-year period following cancellation of the credit union's certificate of incorporation, the credit union continues to exist and the liquidating agent, or a...
- Texas Section 126.451 - Board Resolution
Unless the commissioner has issued a liquidation order, the board may adopt a resolution recommending voluntary dissolution of the credit union and directing submission of...
- Texas Section 126.452 - Notification To Commissioner Of Proposed Liquidation
Not later than the fifth day after the date on which the board's resolution recommending voluntary dissolution is adopted, the board's presiding officer shall notify...
- Texas Section 126.453 - Notice Of Meeting To Liquidate
Notice of the special meeting to consider voluntary liquidation shall be mailed by first-class mail to each member of the credit union and the commissioner...
- Texas Section 126.454 - Credit Union Operations Before And After Vote
Immediately after notice under Section 126.453 is mailed, the commissioner may restrict control or give direction with respect to the continued business of the credit...
- Texas Section 126.455 - Vote On Voluntary Liquidation
At a special meeting called to consider the proposed liquidation, a majority of the credit union members voting, but not less than a quorum, may...
- Texas Section 126.456 - Notice To Commissioner Of Affirmative Vote To Liquidate
(a) The board's presiding officer or president and the secretary shall notify the commissioner of the intention to liquidate not later than the fifth day...
- Texas Section 126.457 - Appointment Of Liquidating Agent
(a) If the members approve the liquidation, the board shall appoint a liquidating agent to: (1) conserve and collect the credit union's assets; (2) wind...
- Texas Section 126.458 - Application Of Law To Credit Union In Voluntary Liquidation
A credit union in the process of voluntary dissolution and liquidation remains subject to this subtitle and Chapter 15, including provisions for examination by the...