reglab/housing_qa huggingface dataset:
TX Fin Code § 151.604 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter G. Examinations, Reports, and Records|Section 151.604. Extraordinary Reporting Requirements

Sec. 151.604.  EXTRAORDINARY REPORTING REQUIREMENTS.  (a)  A license holder shall file a written report with the commissioner not later than the 15th day after the date the license holder knows or has reason to know of a material change in the information reported in an application or annual report required under Section 151.207(b)(2).  The report must describe the change and the anticipated impact of the change on the license holder's activities in this state.(b)  A license holder must file a written report with the commissioner not later than 24 hours after the license holder knows or has reason to know of:(1)  the filing of a petition by or against the license holder for bankruptcy or reorganization;(2)  the filing of a petition by or against the license holder for receivership, the commencement of any other judicial or administrative proceeding for its dissolution or reorganization, or the making of a general assignment for the benefit of the license holder's creditors;(3)  the institution of a proceeding to revoke or suspend the license holder's license, or to enjoin or otherwise require the license holder to cease and desist from engaging in an activity related to a business activity that, if conducted in this state, would be subject to this chapter, by a state or country in which the license holder engages in business or is licensed;(4)  the felony indictment or conviction of the license holder or a principal of, person in control of,  responsible individual of, or authorized delegate of the license holder for an offense identified in Section 151.202(e);(5)  the cancellation or other impairment of the license holder's security; or(6)  the inability to meet the license holder's transmission obligations under this chapter for a period of 24 hours or longer.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 988 (H.B. 2134), Sec. 16, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 1000 (H.B. 483), Sec. 11, eff. June 19, 2015.|
TX Fin Code § 151.606 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter G. Examinations, Reports, and Records|Section 151.606. Confidentiality

Sec. 151.606.  CONFIDENTIALITY.  (a)  Except as otherwise provided by Subsection (b) or by rule of the commission, all financial information  and all other personal information obtained by the commissioner under this chapter through application, examination, investigation, or otherwise, and any related file or record of the department, is confidential and not subject to disclosure.(b)  The commissioner may disclose confidential information if:(1)  the applicant, license holder, or authorized delegate consents to the release of the information or has published the information contained in the release;(2)  the commissioner finds that release of the information is necessary to protect the public or purchasers or potential purchasers of money services from the license holder or authorized delegate from immediate and irreparable harm;(3)  the information is disclosed to an agency identified in Section 151.105(a), in which event the information remains confidential and the agency must take appropriate measures to maintain that confidentiality;(4)  the commissioner finds that release of the information is required for an administrative hearing; or(5)  the commissioner discloses the information to a person acting on behalf of or for the commissioner for regulatory or enforcement purposes, subject to an agreement that maintains the confidentiality of the information.(c)  This section does not prohibit the commissioner from disclosing to the public:(1)  a list of license holders or authorized delegates, including addresses and the names of contact individuals;(2)  the identity of a license holder or authorized delegate subject to an emergency or final order of the commissioner and the basis for the commissioner's action; or(3)  information regarding or included in a consumer complaint against a license holder or authorized delegate.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.|
TX Fin Code § 151.701 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter H. Enforcement|Section 151.701. Injunctive Relief

Sec. 151.701.  INJUNCTIVE RELIEF.  (a)  Whenever it appears that a person has violated, or that reasonable cause exists to believe that a person is likely to violate, this chapter or a rule adopted under this chapter, the following persons may bring an action for injunctive relief to enjoin the violation or enforce compliance with the provision:(1)  the commissioner, through the attorney general;(2)  the attorney general;(3)  the district attorney of Travis County; or(4)  the prosecuting attorney of the county in which the violation is alleged to have occurred.(b)  In addition to the authority granted to the commissioner under Subsection (a), the commissioner, through the attorney general, may bring an action for injunctive relief if the commissioner has reason to believe that a person has violated or is likely to violate an order of the commissioner issued under this chapter.(c)  An action for injunctive relief brought by the commissioner, the attorney general, or the district attorney of Travis County under Subsection (a), or brought by the commissioner under Subsection (b), must be brought in a district court in Travis County.  An action brought by a prosecuting attorney under Subsection (a)(4) must be brought in a district court in the county in which all or part of the violation is alleged to have occurred.(d)  On a proper showing, the court may issue a restraining order, an order freezing assets, a preliminary or permanent injunction, or a writ of mandate, or may appoint a receiver for the defendant or the defendant's assets.(e)  A receiver appointed by the court under Subsection (d) may, with approval of the court, exercise all of the powers of the defendant's directors, officers, partners, trustees, or persons who exercise similar powers and perform similar duties.(f)  An action brought under this section may include a claim for ancillary relief, including a claim by the commissioner for costs or civil penalties authorized under this chapter, or for restitution or damages on behalf of the persons injured by the act constituting the subject matter of the action, and the court has jurisdiction to award that relief.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.|
TX Fin Code § 151.702 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter H. Enforcement|Section 151.702. Cease and Desist Orders for Unlicensed Persons

Sec. 151.702.  CEASE AND DESIST ORDERS FOR UNLICENSED PERSONS.  (a)  If the commissioner has reason to believe that an unlicensed person has engaged or is likely to engage in an activity for which a license is required under this chapter, the commissioner may order the person to cease and desist from the violation until the person is issued a license under this chapter.  The commissioner's order is subject to Section 151.709, unless the order is issued as an emergency order.  The commissioner may issue an emergency cease and desist order in accordance with Section 151.710 if the commissioner finds that the person's violation or likely violation threatens immediate and irreparable harm to the public.(b)  A cease and desist order under this section may require the unlicensed person to take affirmative action to correct any condition resulting from or contributing to the activity or violation, including the payment of restitution to each resident of this state damaged by the violation.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.Amended by: Acts 2017, 85th Leg., R.S., Ch. 428 (S.B. 1403), Sec. 9, eff. September 1, 2017.|
TX Fin Code § 151.704 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter H. Enforcement|Section 151.704. Suspension and Revocation of Authorized Delegate Designation

Sec. 151.704.  SUSPENSION AND REVOCATION OF AUTHORIZED DELEGATE DESIGNATION.  (a)  The commissioner may suspend or revoke the designation of an authorized delegate if the commissioner has reason to believe that:(1)  the authorized delegate has violated this chapter, a rule adopted or order issued under this chapter, a written agreement entered into with the commissioner or the department, or any other state or federal law applicable to a money services business;(2)  the authorized delegate has refused to permit or has not cooperated with an examination or investigation under this chapter;(3)  the authorized delegate has engaged in fraud, knowing misrepresentation, deceit, gross negligence, or an unfair or deceptive act or practice in connection with the operation of the delegate's business on behalf of the license holder or any transaction subject to this chapter;(4)  the competence, experience, character, or general fitness of the authorized delegate, or a principal of, person in control of, or responsible person of the authorized delegate, indicates that it is not in the public interest to permit the authorized delegate to provide money services;(5)  the authorized delegate has engaged in an unsafe or unsound act or practice or conducted business in an unsafe and unsound manner;(6)  the authorized delegate, or a principal or responsible person of the authorized delegate, is listed on the specifically designated nationals and blocked persons list prepared by the United States Department of the Treasury as a potential threat to commit terrorist acts or to fund terrorist acts; or(7)  the authorized delegate, or a principal or responsible person of the authorized delegate, has been convicted of a state or federal anti-money-laundering or terrorist funding law.(b)  In determining whether an authorized delegate has engaged in an unsafe or unsound act or practice or conducted business in an unsafe or unsound manner, the commissioner may consider factors that include:(1)  the size and condition of the authorized delegate's provision of money services;(2)  the magnitude of the loss or potential loss;(3)  the gravity of the violation of this chapter or rule adopted or order issued under this chapter;(4)  any action taken against the authorized delegate by this state, another state, or the federal government; and(5)  the previous conduct of the authorized delegate.(c)  The commissioner's order suspending or revoking the designation of an authorized delegate is subject to Section 151.709, unless the order is issued as an emergency order.  The commissioner may issue an emergency order suspending the designation of an authorized delegate in accordance with Section 151.710 if the commissioner finds that the factors identified in Section 151.710(b) exist.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.|
TX Fin Code § 151.705 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter H. Enforcement|Section 151.705. Cease and Desist Orders for License Holders or Authorized Delegates

Sec. 151.705.  CEASE AND DESIST ORDERS FOR LICENSE HOLDERS OR AUTHORIZED DELEGATES.  (a)  The commissioner may issue an order to cease and desist if the commissioner finds that:(1)  an action, violation, or condition listed in Section 151.703 or 151.704 exists with respect to a license holder or authorized delegate; and(2)  a cease and desist order is necessary to protect the interests of the license holder, the purchasers of the license holder's money services, or the public.(b)  A cease and desist order may require a license holder or authorized delegate to cease and desist from the action or violation or to take affirmative action to correct any condition resulting from or contributing to the action or violation, and the requirements of the order may apply to a principal or responsible person of the license holder or authorized delegate.(c)  The cease and desist order is subject to Section 151.709, unless the order is issued as an emergency order.  The commissioner may issue an emergency cease and desist order in accordance with Section 151.710 if the commissioner finds that the factors identified in Section 151.710(b) exist.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.Amended by: Acts 2017, 85th Leg., R.S., Ch. 428 (S.B. 1403), Sec. 10, eff. September 1, 2017.|
TX Fin Code § 151.706 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter H. Enforcement|Section 151.706. Consent Orders

Sec. 151.706.  CONSENT ORDERS.  (a)  The commissioner may enter into a consent order at any time with a person to resolve a matter arising under this chapter or a rule adopted or order issued under this chapter.(b)  A consent order must be signed by the person to whom the order is issued or by the person's authorized representative and must indicate agreement with the terms contained in the order.  However, a consent order may provide that the order does not constitute an admission by a person that this chapter or a rule adopted or order issued under this chapter has been violated.(c)  A consent order is a final order and may not be appealed.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.|
TX Fin Code § 151.707 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter H. Enforcement|Section 151.707. Administrative Penalty

Sec. 151.707.  ADMINISTRATIVE PENALTY.  (a)  After notice and hearing, the commissioner may assess an administrative penalty against a person that:(1)  has violated this chapter or a rule adopted or order issued under this chapter and has failed to correct the violation not later than the 30th day after the date the department sends written notice of the violation to the person;(2)  if the person is a license holder, has engaged in conduct specified in Section 151.703;(3)  has engaged in a pattern of violations; or(4)  has demonstrated wilful disregard for the requirements of this chapter, the rules adopted under this chapter, or an order issued under this chapter.(b)  A violation corrected after a person receives written notice from the department of the violation may be considered for purposes of determining whether a person has engaged in a pattern of violations under Subsection (a)(3) or demonstrated wilful disregard under Subsection (a)(4).(c)  The amount of the penalty may not exceed $5,000 for each violation or, in the case of a continuing violation, $5,000 for each day that the violation continues.  Each transaction in violation of this chapter and each day that a violation continues is a separate violation.(d)  In determining the amount of the penalty, the commissioner shall consider factors that include the seriousness of the violation, the person's compliance history, and the person's good faith in attempting to comply with this chapter, provided that if the person is found to have demonstrated wilful disregard under Subsection (a)(4), the trier of fact may recommend that the commissioner impose the maximum administrative penalty permitted under Subsection (c).(e)  A hearing to assess an administrative penalty is considered a contested case hearing and is subject to Section 151.801.(f)  An order imposing an administrative penalty after notice and hearing becomes effective and is final for purposes of collection and appeal immediately on issuance.(g)  The commissioner may collect an administrative penalty assessed under this section:(1)  in the same manner that a money judgment is enforced in court; or(2)  if the penalty is imposed against a license holder or a license holder's authorized delegate, from the proceeds of the license holder's security in accordance with Section 151.308(e).|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.Amended by: Acts 2017, 85th Leg., R.S., Ch. 428 (S.B. 1403), Sec. 11, eff. September 1, 2017.|
TX Fin Code § 151.708 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter H. Enforcement|Section 151.708. Criminal Penalty

Sec. 151.708.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:(1)  intentionally makes a false statement, misrepresentation, or certification in a record or application filed with the department or required to be maintained under this chapter or a rule adopted or order issued under this chapter, or intentionally makes a false entry or omits a material entry in the record or application; or(2)  knowingly engages in an activity for which a license is required under Subchapter D or F without being licensed under this chapter.(b)  An offense under this section is a felony of the third degree.(c)  An offense under this section may be prosecuted in Travis County or in the county in which the offense is alleged to have been committed.(d)  Nothing in this section limits the power of the state to punish a person for an act that constitutes an offense under this or any other law.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 75 (S.B. 899), Sec. 6, eff. September 1, 2015.|
TX Fin Code § 151.709 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter H. Enforcement|Section 151.709. Notice, Hearing, and Other Procedures for Nonemergency Orders

Sec. 151.709.  NOTICE, HEARING, AND OTHER PROCEDURES FOR NONEMERGENCY ORDERS.  (a)  This section applies to an order issued by the commissioner under this subchapter that is not an emergency order.(b)  An order to which this section applies becomes effective only after notice and an opportunity for hearing.  The order must:(1)  state the grounds on which the order is based;(2)  to the extent applicable, state the action or violation from which the person subject to the order must cease and desist or the affirmative action the person must take to correct a condition resulting from the violation or that is otherwise appropriate;(3)  be delivered by personal delivery or sent by certified mail, return receipt requested, to the person against whom the order is directed at the person's last known address;(4)  state the effective date of the order, which may not be before the 21st day after the date the order is delivered or mailed; and(5)  include a notice that a person may file a written request for a hearing on the order with the commissioner not later than the 20th day after the date the order is delivered or mailed.(c)  Unless the commissioner receives a written request for hearing from the person against whom the order is directed not later than the 20th day after the date the order is delivered or mailed, the order takes effect as stated in the order and is final against and nonappealable by that person from that date.(d)  A hearing on the order must be held not later than the 45th day after the date the commissioner receives the written request for the hearing unless the administrative law judge extends the period for good cause or the parties agree to a later hearing date.(e)  An order that has been affirmed or modified after a hearing becomes effective and is final for purposes of enforcement and appeal immediately on issuance.  The order may be appealed to the district court of Travis County as provided by Section 151.801(b).|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.|
TX Fin Code § 151.801 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 151 - Regulation of Money Services Businesses|Subchapter I. Administrative Procedures and Judicial Review|Section 151.801. Administrative Procedures

Sec. 151.801.  ADMINISTRATIVE PROCEDURES.  (a)  All administrative proceedings under this chapter must be conducted in accordance with Chapter 2001, Government Code, and Title 7, Chapter 9, Texas Administrative Code.(b)  A person affected by a final order of the commissioner issued under this chapter after a hearing may appeal the order by filing a petition for judicial review in a district court of Travis County.  A petition for judicial review filed in the district court under this subsection does not stay or vacate the appealed order unless the court, after notice and hearing, specifically stays or vacates the order.|Added by Acts 2005, 79th Leg., Ch. 1099 (H.B. 2218), Sec. 1, eff. September 1, 2005.|
TX Fin Code § 154.001 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter A. General Provisions|Section 154.001. Purpose

Sec. 154.001.  PURPOSE.  The purposes of this chapter are to:(1)  limit the manner in which a person may accept funds in prepayment of funeral services to be performed in the future;(2)  provide a regulatory framework to give the public an opportunity to arrange and pay for funerals in advance of need;  and(3)  provide all safeguards to protect the prepaid funds and to assure that the funds will be available to pay for prearranged funeral services.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|