reglab/housing_qa huggingface dataset:
TX Govt Code § 4006.152 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4006 - Fees|Subchapter D. Fees for Certain Sales or Offers of Securities|Section 4006.152. Fee for Exceeding Limited Offering Exemption

Sec. 4006.152.  FEE FOR EXCEEDING LIMITED OFFERING EXEMPTION.  (a)  This section applies only to an offeror who:(1)  has filed a notice to claim a limited offering exemption;(2)  paid less than the maximum fee prescribed by Section 4006.052; and(3)  offered a greater amount of securities in the offering than authorized pursuant to the formula prescribed by Section 4006.052.(b)  An offeror may:(1)  file an amended notice disclosing the amount of securities offered; and(2)  pay:(A)  three times the difference between the fee initially paid and the fee that should have been paid; and(B)  interest on that amount computed at the rate provided by Section 302.002, Finance Code, from the date the commissioner received the original notice until the date the commissioner received the amended notice.(c)  An amended notice filed under Subsection (b) is retroactive to the date of the initial filing of the notice to claim the exemption.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4006.153 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4006 - Fees|Subchapter D. Fees for Certain Sales or Offers of Securities|Section 4006.153. Fee for Sales of Unregistered Securities

Sec. 4006.153.  FEE FOR SALES OF UNREGISTERED SECURITIES.  (a)  If, after notice and hearing, the commissioner or a court finds that an offeror has sold securities in this state pursuant to an offering no part of which has been registered under Chapter 4003 and for which the transactions or securities are not exempt under Chapter 4005, the commissioner or court may impose a fee equal to:(1)  six times the amount that would have been paid if the issuer had filed an application or registration statement to register the securities and paid the fee required under Section 4006.055 based on the aggregate amount of sales made in this state in the preceding three years; and(2)  interest on that amount at the rate provided by Section 302.002, Finance Code, from the date of the first such sale made in this state until the date the fee is paid.(b)  Payment of the fee prescribed by this section does not effect registration of the securities or affect the application of any other provision of this title.(c)  Payment of the fee prescribed by this section is not an admission that the transactions or securities were not exempt and is not admissible as evidence in a suit or proceeding for failure to register the securities.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4006.201 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4006 - Fees|Subchapter E. Miscellaneous Fees|Section 4006.201. Renewal of Registration by Notification

Sec. 4006.201.  RENEWAL OF REGISTRATION BY NOTIFICATION.  A registration of securities by notification may be renewed as provided by Section 4003.058, which includes the payment of the renewal fee in the amount prescribed by that section.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4006.251 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4006 - Fees|Subchapter F. Deposit of Fees|Section 4006.251. Deposit of Fees to General Revenue Fund

Sec. 4006.251.  DEPOSIT OF FEES TO GENERAL REVENUE FUND.  The commissioner or board shall deposit money received from fees under this title to the credit of the general revenue fund.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4006.252 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4006 - Fees|Subchapter F. Deposit of Fees|Section 4006.252. Daily Deposit of Certain Fees

Sec. 4006.252.  DAILY DEPOSIT OF CERTAIN FEES.  The commissioner or board shall deposit daily all fees received under Subchapter B to the credit of the general revenue fund.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4007.002 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4007 - Enforcement|Subchapter A. Authority to Enforce Title|Section 4007.002. Means of Enforcement Not Exclusive

Sec. 4007.002.  MEANS OF ENFORCEMENT NOT EXCLUSIVE.  The commissioner may use any or all penalties, sanctions, remedies, or relief that the commissioner considers necessary.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4007.051 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4007 - Enforcement|Subchapter B. Inspections and Investigations|Section 4007.051. Complaints Filed With Commissioner or Board

Sec. 4007.051.  COMPLAINTS FILED WITH COMMISSIONER OR BOARD.  (a) The commissioner or the commissioner's designee shall maintain a system to promptly and efficiently act on complaints filed with the commissioner or board concerning a person registered under this title. The commissioner or the commissioner's designee shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.(b)  The commissioner or the commissioner's designee shall  make information available describing the board's procedures for complaint investigation and resolution.(c)  The commissioner or the commissioner's designee shall periodically notify the complaint parties of the status of the complaint until final disposition unless the notice would jeopardize a law enforcement investigation.|Amended by: Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 9.103, eff. January 1, 2022.|
TX Govt Code § 4007.052 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4007 - Enforcement|Subchapter B. Inspections and Investigations|Section 4007.052. Inspections

Sec. 4007.052.  INSPECTIONS.  (a)  The commissioner without notice may inspect a registered dealer or registered investment adviser as necessary to ensure compliance with this title and board rules.(b)  The commissioner, during regular business hours, may enter the business premises of a registered dealer or registered investment adviser and examine and copy books and records pertinent to the inspection.(c)  During the inspection, the registered dealer or registered investment adviser shall:(1)  provide to the commissioner or the commissioner's authorized representative immediate and complete access to the registered dealer's or registered investment adviser's office, place of business, files, safe, and any other location at which books and records pertinent to the inspection are located; and(2)  allow the commissioner or the commissioner's authorized representative to make photostatic or electronic copies of books or records subject to inspection.(d)  A registered dealer or registered investment adviser may not charge a fee for copying information under this section.(e)  Information obtained under this section and any intra-agency or interagency notes, memoranda, reports, or other communications consisting of advice, analyses, opinions, or recommendations that are made in connection with the inspection are confidential.  The commissioner may not disclose to the public or release documents or other information made confidential by this subsection except to the same extent provided for the release or disclosure of confidential documents or other information made or obtained in connection with an investigation under Section 4007.053.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4007.053 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4007 - Enforcement|Subchapter B. Inspections and Investigations|Section 4007.053. Investigative Authority

Sec. 4007.053.  INVESTIGATIVE AUTHORITY.  (a)  The commissioner shall conduct investigations as the commissioner considers necessary to prevent or detect a violation of this title or a board rule or order.(b)  For the purpose of conducting an investigation under this section, the commissioner may:(1)  administer oaths;(2)  sign subpoenas;(3)  issue subpoenas or summons to compel the attendance and testimony of witnesses and the production of all records, electronic or otherwise, relating to any matter that the commissioner has the authority under this title to consider or investigate;(4)  examine witnesses; and(5)  receive evidence.(c)  During an investigation, the commissioner may cause the deposition of witnesses residing inside or outside this state to be taken in the manner prescribed by the laws of this state for taking a deposition in a civil action.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4007.054 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4007 - Enforcement|Subchapter B. Inspections and Investigations|Section 4007.054. Service of Subpoena, Summons, or Other Process

Sec. 4007.054.  SERVICE OF SUBPOENA, SUMMONS, OR OTHER PROCESS.  (a)  The commissioner may serve a subpoena, summons, or other process issued by the commissioner or have the subpoena, summons, or other process served by an authorized agent of the commissioner, a sheriff, or a constable.(b)  The sheriff's or constable's fee for serving the subpoena is the same as the fee paid the sheriff or constable for similar services.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4007.055 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4007 - Enforcement|Subchapter B. Inspections and Investigations|Section 4007.055. Enforcement of Subpoena; Contempt

Sec. 4007.055.  ENFORCEMENT OF SUBPOENA; CONTEMPT.  (a)  If a person disobeys a subpoena or if a witness appearing before the commissioner refuses to give evidence, the commissioner may petition the district court of a jurisdiction in which the person or witness may be found, and the court on this petition may issue an order requiring the person or witness to, as applicable, obey the subpoena, testify, or produce a book, an account, a record, a paper, and correspondence relating to the matter in question.(b)  The district court may punish as contempt the failure to obey an order under Subsection (a).|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4007.056 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4007 - Enforcement|Subchapter B. Inspections and Investigations|Section 4007.056. Confidentiality of Investigative Information

Sec. 4007.056.  CONFIDENTIALITY OF INVESTIGATIVE INFORMATION.  (a)  All information received in connection with an investigation under Section 4007.053 and all internal notes, memoranda, reports, or communications made in connection with an investigation under that section are confidential.(b)  The commissioner may not disclose a document or other information made confidential by Subsection (a) unless the disclosure is made:(1)  to the public under court order for good cause shown; or(2)  at the commissioner's discretion, as part of an administrative proceeding or a civil or criminal action to enforce this title.(c)  The commissioner, at the commissioner's discretion, may disclose confidential information in the commissioner's possession to:(1)  a governmental or regulatory authority or any association of governmental or regulatory authorities approved by board rule; or(2)  any receiver appointed under Section 4007.151.(d)  Disclosure of information under Subsection (c) does not violate any other provision of this title or Chapter 552.(e)  This section may not be interpreted to prohibit or limit the publication of rulings or decisions of the commissioner.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4007.057 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4007 - Enforcement|Subchapter B. Inspections and Investigations|Section 4007.057. Compensation of Witnesses

Sec. 4007.057.  COMPENSATION OF WITNESSES.  (a)  A witness required to attend a hearing before the commissioner shall receive for each day's attendance a fee in an amount set by board rule.(b)  A disbursement made in payment of a fee under this section shall be:(1)  made in accordance with board rule; and(2)  included in, and paid in the same manner that is provided for, the payment of other expenses incurred in the administration and enforcement of this title.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4007.058 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4007 - Enforcement|Subchapter B. Inspections and Investigations|Section 4007.058. Imposition of Costs on Parties

Sec. 4007.058.  IMPOSITION OF COSTS ON PARTIES.  The commissioner may impose on a party of record fees, expenses, or costs incurred in connection with a hearing or may divide the fee, expense, or cost among any or all parties of record as determined by the commissioner.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4007.059 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4007 - Enforcement|Subchapter B. Inspections and Investigations|Section 4007.059. Assistance to Securities Regulators in Other Jurisdictions

Sec. 4007.059.  ASSISTANCE TO SECURITIES REGULATORS IN OTHER JURISDICTIONS.  (a) On request from a securities regulator of another state or of a foreign jurisdiction, the commissioner may provide assistance to the regulator in conducting an investigation to determine whether a person has violated, is violating, or is about to violate a law or rule of the other state or foreign jurisdiction relating to a securities matter that the regulator is authorized to administer or enforce.(b)  The commissioner may provide assistance under this section through the use of the authority to investigate and any other power conferred by this section or Section 4007.054, 4007.055, 4007.056, or 4007.057, as the commissioner determines to be necessary and appropriate.(c)  In determining whether to provide assistance under this section, the commissioner may consider whether:(1)  the securities regulator is permitted and has agreed to provide assistance within the regulator's jurisdiction to the commissioner reciprocally and at the commissioner's request concerning securities matters;(2)  compliance with the request for assistance would violate or otherwise prejudice the public policy of this state;(3)  the conduct described in the request would also constitute a violation of this title or another law of this state had the conduct occurred in this state; and(4)  board employees and board or commissioner resources necessary to carry out the request for assistance are available.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4007.101 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4007 - Enforcement|Subchapter C. Administrative Actions|Section 4007.101. Cease and Desist Order: Offer or Sale of Securities

Sec. 4007.101.  CEASE AND DESIST ORDER: OFFER OR SALE OF SECURITIES.  (a)  The commissioner may hold a hearing as provided by this section if at any time it appears to the commissioner that the sale, proposed sale, or method of sale of securities, regardless of whether exempt:(1)  is a fraudulent practice;(2)  does not comply with this title;(3)  would tend to work a fraud on any purchaser of the securities; or(4)  would not be fair, just, or equitable to any purchaser of the securities.(b)  The commissioner may hold a hearing under this section on a date set by the commissioner that is not later than the 30th day after the date the issuer or registrant of the securities, the person on whose behalf the securities are being or will be offered, or any person that is acting as a dealer or agent in violation of this title, as applicable:(1)  receives actual notice; or(2)  is provided notice by registered or certified mail to the person's last known address.(c)  If the commissioner determines at the hearing that the sale, proposed sale, or method of sale of the securities is a fraudulent practice, does not comply with this title, would tend to work a fraud on any purchaser of the securities, or would not be fair, just, or equitable to any purchaser of the securities, the commissioner may issue a written cease and desist order:(1)  prohibiting or suspending the sale of the securities;(2)  denying or revoking the registration of the securities;(3)  prohibiting an unregistered person from acting as a dealer or agent; or(4)  prohibiting the fraudulent conduct.(d)  After the issuance of a cease and desist order under Subsection (c), a dealer or agent may not knowingly sell or offer for sale any security named in the order.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4007.102 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4007 - Enforcement|Subchapter C. Administrative Actions|Section 4007.102. Cease and Desist Order: Investment Adviser or Investment Adviser Representative

Sec. 4007.102.  CEASE AND DESIST ORDER: INVESTMENT ADVISER OR INVESTMENT ADVISER REPRESENTATIVE.  (a)  Notwithstanding any provision of this title to the contrary, the commissioner may hold a hearing as provided by this section if at any time it appears to the commissioner that:(1)  an investment adviser or investment adviser representative is engaging or is likely to engage in fraud or a fraudulent practice with respect to rendering services as an investment adviser or investment adviser representative; or(2)  a person is acting as an investment adviser or investment adviser representative in violation of this title.(b)  A hearing under this section must be held not later than the 30th day after the date the person described by Subsection (a):(1)  receives actual notice; or(2)  is provided notice by registered or certified mail, return receipt requested, to the person's last known address.(c)  After the hearing, the commissioner shall issue or decline to issue a cease and desist order.  An order issued under this subsection must:(1)  require the investment adviser or investment adviser representative to immediately cease and desist from the fraudulent conduct; or(2)  prohibit an unregistered or other unauthorized person who is not exempt from the registration or notice filing requirements of this title from acting as an investment adviser or investment adviser representative in violation of this title.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4007.103 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4007 - Enforcement|Subchapter C. Administrative Actions|Section 4007.103. Cease Publication Order

Sec. 4007.103.  CEASE PUBLICATION ORDER.  (a)  Notwithstanding any provision of this title to the contrary, the commissioner may issue a cease publication order if at any time it appears to the commissioner that an offer contains any statement that is materially false or misleading or is otherwise likely to deceive the public.(b)  A person may not make an offer that is prohibited by an order issued under Subsection (a).|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|
TX Govt Code § 4007.104 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4007 - Enforcement|Subchapter C. Administrative Actions|Section 4007.104. Emergency Cease and Desist Order

Sec. 4007.104.  EMERGENCY CEASE AND DESIST ORDER.  (a) On the commissioner's determination that the conduct, act, or practice threatens immediate and irreparable public harm, the commissioner may issue an emergency cease and desist order to a person who the commissioner reasonably believes:(1)  is engaging in or is about to engage in fraud or a fraudulent practice in connection with:(A)  the offer for sale or sale of a security; or(B)  the rendering of services as an investment adviser or investment adviser representative;(2)  has made an offer containing a statement that is materially misleading or is otherwise likely to deceive the public; or(3)  is engaging or is about to engage in an act or practice that violates this title or a board rule.(b)  The emergency order must:(1)  be sent on issuance to each person affected by the order by personal delivery or registered or certified mail, return receipt requested, to the person's last known address;(2)  state the specific charges and require the person to immediately cease and desist from the unauthorized activity; and(3)  contain a notice that a request for a hearing may be filed under this section.(c)  Unless a person against whom the emergency order is directed requests a hearing in writing before the 31st day after the date the order is served on the person, the emergency order is final and nonappealable as to that person.  A request for a hearing must:(1)  be in writing and directed to the commissioner; and(2)  state the grounds for the request to set aside or modify the order.(d)  On receiving a request for a hearing, the commissioner shall serve notice of the time and place of the hearing by personal delivery or registered or certified mail, return receipt requested.  The hearing must be held not later than the 10th day after the date the commissioner receives the request for a hearing unless the parties agree to a later hearing date.  At the hearing, the commissioner has the burden of proof and must present evidence in support of the emergency order.(e)  After the hearing, the commissioner shall affirm, modify, or set aside, wholly or partly, the emergency order.  An order affirming or modifying the emergency order is immediately final for purposes of enforcement and appeal.(f)  An emergency order continues in effect unless the order is stayed by the commissioner.  The commissioner may impose any condition before granting a stay of the order.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|