Sec. 1101.608. COMMISSION RESPONSE. (a) On receipt of notice under Section 1101.606, the commission may agree to pay all or part of the claim without a hearing. If the commission and the aggrieved person do not reach a settlement or the commission does not agree that the claim meets one or more of the requirements of this subchapter, the commission may notify the attorney general of the commission's desire to schedule a hearing, enter an appearance, file a response, appear at the hearing, defend the action, or take any other action the commission considers appropriate.
(b) The commission and the attorney general may act under Subsection (a) only to:
(1) protect the trust account from spurious or unjust claims; or
(2) ensure compliance with the requirements for recovery under this subchapter.
(c) The commission may relitigate in the hearing any material and relevant issue that was determined in the action that resulted in the judgment, including an agreed judgment, in favor of the aggrieved person.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 65, eff. January 1, 2016.
Section: Previous 1101.6011 1101.602 1101.603 1101.604 1101.605 1101.606 1101.607 1101.608 1101.609 1101.610 1101.611 1101.612 1101.613 1101.614 1101.615 NextLast modified: September 28, 2016