reglab/housing_qa huggingface dataset:
TX Fin Code § 35.005 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter A. Enforcement Orders: Banks and Management|Section 35.005. Emergency Order

Sec. 35.005.  EMERGENCY ORDER.  (a)  If the banking commissioner believes that immediate action is necessary to prevent immediate and irreparable harm to the bank and its depositors, creditors, and shareholders, the banking commissioner may issue one or more cease and desist, removal, or prohibition orders as emergency orders to become effective immediately on service without prior notice or hearing.  Service must be by personal delivery or by registered or certified mail, return receipt requested.(b)  In each emergency order the banking commissioner shall notify the bank and any person against whom the emergency order is directed of:(1)  the specific conduct requiring the order;(2)  the citation of each law alleged to have been violated;(3)  the immediate and irreparable harm alleged to be threatened;(4)  the duration of the order, including whether the duration of the order is perpetual; and(5)  the right to a hearing.(c)  Unless a person against whom the emergency order is directed requests a hearing in writing before the 11th day after the date it is served on the person, the emergency order is final and nonappealable as to that person.(d)  A hearing requested under Subsection (c) must be:(1)  given priority over all other matters pending before the banking commissioner;  and(2)  held not later than the 20th day after the date that it is requested unless the parties agree to a later hearing date.(e)  After the hearing, the banking commissioner may affirm, modify, or set aside in whole or part the emergency order.  An order affirming or modifying the emergency order is immediately final for purposes of enforcement and appeal.  The order may be appealed as provided by Sections 31.202 and 31.204.(f)  An emergency order continues in effect unless the order is stayed by the banking commissioner.  The banking commissioner may impose any condition before granting a stay of the emergency order.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 43, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 183 (S.B. 1165), Sec. 2, eff. May 28, 2011.Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 16, eff. September 1, 2019.|
TX Fin Code § 35.006 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter A. Enforcement Orders: Banks and Management|Section 35.006. Copy of Letter or Order in Bank Records

Sec. 35.006.  COPY OF LETTER OR ORDER IN BANK RECORDS.  A copy of a determination letter, proposed order, emergency order, or final order issued by the banking commissioner under this subchapter shall be immediately brought to the attention of the board of the affected bank, regardless of whether the bank is a party, and filed in the minutes of the board.  Each director shall immediately certify to the banking commissioner in writing that the certifying person has read and understood the determination letter, proposed order, emergency order, or final order.  The required certification may not be considered an admission of a person in a subsequent legal or administrative proceeding.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 44, eff. September 1, 2007.|
TX Fin Code § 35.007 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter A. Enforcement Orders: Banks and Management|Section 35.007. Effect of Final Removal or Prohibition Order

Sec. 35.007.  EFFECT OF FINAL REMOVAL OR PROHIBITION ORDER.  (a)  Except as otherwise provided by law, without the prior written approval of the banking commissioner, a person subject to a final and enforceable removal or prohibition order issued by the banking commissioner, or by another state, federal, or foreign financial institution regulatory agency, may not:(1)  serve as a director, officer, or employee of a state bank, state trust company, or holding company of a state bank, or as a director, officer, or employee with financial responsibility of any other entity chartered, registered, permitted, or licensed by the banking commissioner under the laws of this state;(2)  directly or indirectly participate in any manner in the management of such an entity;(3)  directly or indirectly vote for a director of such an entity; or(4)  solicit, procure, transfer, attempt to transfer, vote, or attempt to vote a proxy, consent, or authorization with respect to voting rights in such an entity.(b)  The person subject to the order remains entitled to receive dividends or a share of profits, return of contribution, or other distributive benefit from such an entity with respect to voting securities owned by the person.(c)  If voting securities of an entity identified in Subsection (a)(1) cannot be voted under this section, the voting securities are considered to be authorized but unissued for purposes of determining the procedures for and results of an affected vote.(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 237, Sec. 80, eff. September 1, 2007.(e)  This section and Section 35.008 do not prohibit a removal or prohibition order that has indefinite duration or that by its terms is perpetual.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.014, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 412, Sec. 2.14, eff. Sept. 1, 2001.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 80, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 183 (S.B. 1165), Sec. 3, eff. May 28, 2011.Acts 2017, 85th Leg., R.S., Ch. 599 (S.B. 1401), Sec. 6, eff. September 1, 2017.|
TX Fin Code § 35.0071 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter A. Enforcement Orders: Banks and Management|Section 35.0071. Application for Release From Final Removal or Prohibition Order

Sec. 35.0071.  APPLICATION FOR RELEASE FROM FINAL REMOVAL OR PROHIBITION ORDER.  (a)  After the expiration of 10 years from date of issuance, a person who is subject to a prohibition or removal order issued under this subchapter, regardless of the order's stated duration or date of issuance, may apply to the banking commissioner to be released from the order.(b)  The application must be made under oath and in the form required by the banking commissioner.  The application must be accompanied by any required fees.(c)  The banking commissioner, in the exercise of discretion, may approve or deny an application filed under this section.(d)  The banking commissioner's decision under Subsection  (c) is final and not appealable.|Added by Acts 2011, 82nd Leg., R.S., Ch. 183 (S.B. 1165), Sec. 4, eff. May 28, 2011.|
TX Fin Code § 35.008 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter A. Enforcement Orders: Banks and Management|Section 35.008. Limitation on Action

Sec. 35.008.  LIMITATION ON ACTION.  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 reasonably should have discovered the conduct involved.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 35.009 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter A. Enforcement Orders: Banks and Management|Section 35.009. Enforcement by Commissioner

Sec. 35.009.  ENFORCEMENT BY COMMISSIONER.  (a)  If the banking commissioner reasonably believes that a bank or other person has violated any of the following, the banking commissioner may take any action authorized under Subsection (a-1):(1)  this subtitle or rules enacted under this subtitle and, as a result of that violation, exposed or could have exposed the bank or the bank's depositors, creditors, or shareholders to harm;(2)  other applicable law of this state and, as a result of that violation, exposed or could have exposed the bank or the bank's depositors, creditors, or shareholders to harm; or(3)  a final order issued by the banking commissioner.(a-1)  The banking commissioner may:(1)  initiate an administrative penalty proceeding against the bank or other person, in accordance with Sections 35.010 and 35.011;(2)  refer the matter to the attorney general for enforcement by injunction or other available remedy; or(3)  pursue any other action the banking commissioner considers appropriate under applicable law.(b)  If the attorney general prevails in an action brought under Subsection (a-1)(2), the attorney general is entitled to recover reasonable attorney's fees from the bank or person committing the violation.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 183 (S.B. 1165), Sec. 5, eff. May 28, 2011.|
TX Fin Code § 35.010 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter A. Enforcement Orders: Banks and Management|Section 35.010. Administrative Penalty

Sec. 35.010.  ADMINISTRATIVE PENALTY.  (a)  The banking commissioner may initiate a proceeding for an administrative penalty against a bank or other person by serving on the bank or other person, as applicable, notice of the time and place of a hearing on the penalty.  The hearing may not be held earlier than the 20th day after the date the notice is served.  The notice must:(1)  be served by personal delivery or by registered or certified mail, return receipt requested;(2)  contain a statement of the conduct alleged to constitute a violation; and(3)  if the alleged violation is described by Section 35.009(a)(1) or (2), identify corrective action that the bank or other person must take to avoid or reduce the amount of a penalty that would otherwise be imposed under this section.(b)  In determining the amount of any penalty to be imposed, the banking commissioner shall consider the following factors:(1)  the financial resources of the bank or other person;(2)  the good faith of the bank or other person, including any corrective action taken;(3)  the gravity of the violation;(4)  the history of previous violations;(5)  an offset of the amount of the penalty by the amount of any penalty imposed by another state or federal agency for the same conduct; and(6)  any other matter that justice may require.(c)  If the banking commissioner determines after the hearing that the alleged conduct occurred and that the conduct constitutes a violation, the banking commissioner may impose an administrative penalty against a bank or other person, as applicable, in an amount:(1)  if imposed against a bank, not more than $10,000 for each violation for each day the violation continues, except that the maximum administrative penalty that may be imposed is the lesser of $500,000 or one percent of the bank's assets; or(2)  if imposed against a person other than a bank, not more than $5,000 for each violation for each day the violation continues, except that the maximum administrative penalty that may be imposed is $250,000.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 183 (S.B. 1165), Sec. 6, eff. May 28, 2011.Acts 2019, 86th Leg., R.S., Ch. 652 (S.B. 1823), Sec. 5, eff. September 1, 2019.|
TX Fin Code § 35.011 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter A. Enforcement Orders: Banks and Management|Section 35.011. Payment or Appeal of Administrative Penalty

Sec. 35.011.  PAYMENT OR APPEAL OF ADMINISTRATIVE PENALTY.  (a)  When a penalty order under Section 35.010 becomes final, the bank or other person, as applicable, shall pay the penalty or appeal by filing a petition for judicial review.(b)  The petition for judicial review stays the penalty order during the period preceding the decision of the court.  If the court sustains the order, the court shall order the bank or other person, as applicable, to pay the full amount of the penalty or a lower amount determined by the court.  If the court does not sustain the order, a penalty is not owed.  If the final judgment of the court requires payment of a penalty, interest accrues on the penalty, at the rate charged on loans to depository institutions by the Federal Reserve Bank of New York, beginning on the date the judgment is final and ending on the date the penalty and interest are paid.(c)  If the bank or other person, as applicable, does not pay the penalty imposed under a final and nonappealable penalty order, the banking commissioner shall refer the matter to the attorney general for enforcement.  The attorney general is entitled to recover reasonable attorney's fees from the bank or other person, as applicable, if the attorney general prevails in judicial action necessary for collection of the penalty.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 183 (S.B. 1165), Sec. 7, eff. May 28, 2011.|
TX Fin Code § 35.012 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter A. Enforcement Orders: Banks and Management|Section 35.012. Confidentiality of Records

Sec. 35.012.  CONFIDENTIALITY OF RECORDS.  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 is confidential and may be released only as provided by Subchapter D, Chapter 31, except that the banking commissioner periodically shall publish all final removal and prohibition orders.  The banking commissioner may release a final cease and desist order, a final order imposing an administrative penalty, or information regarding the existence of any of those orders to the public if the banking commissioner concludes that the release would enhance effective enforcement of the order.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 183 (S.B. 1165), Sec. 8, eff. May 28, 2011.|
TX Fin Code § 35.013 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter A. Enforcement Orders: Banks and Management|Section 35.013. Collection of Fees

Sec. 35.013.  COLLECTION OF FEES.  The department may sue to enforce the collection of a fee owed to the department under a law administered by the department.  In the suit a certificate by the banking commissioner showing the delinquency is prima facie evidence of:(1)  the levy of the fee or the delinquency of the stated fee amount;  and(2)  compliance by the department with the law relating to the computation and levy of the fee.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 35.1001 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 35.1001. Applicability to Bank Subsidiaries

Sec. 35.1001.  APPLICABILITY TO BANK SUBSIDIARIES.  This subchapter applies to a subsidiary of a state bank, a present or former officer, director, or employee of a subsidiary, or a controlling shareholder or other person participating in the affairs of a subsidiary in the same manner as the subchapter applies to a state bank, a present or former officer, director, or employee of a state bank, or a controlling shareholder or other person participating in the affairs of a state bank.|Added by Acts 2015, 84th Leg., R.S., Ch. 422 (H.B. 3555), Sec. 6, eff. September 1, 2015.|
TX Fin Code § 35.101 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 35.101. Order of Supervision

Sec. 35.101.  ORDER OF SUPERVISION.  (a)  The banking commissioner by order may appoint a supervisor over a state bank if the banking commissioner determines from examination or other credible evidence that the bank is in hazardous condition and that an order of supervision appears to be necessary and in the best interest of the bank and its depositors, creditors, and shareholders, or the public.(b)  The banking commissioner may issue the order without prior notice.(c)  Subject to Subsection (d), a supervisor serves until the earlier of:(1)  the expiration of the period stated in the order of supervision; or(2)  the date the banking commissioner determines that the requirements for abatement of the order have been satisfied.(d)  The banking commissioner may terminate an order of supervision at any time.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 45, eff. September 1, 2007.Acts 2017, 85th Leg., R.S., Ch. 599 (S.B. 1401), Sec. 7, eff. September 1, 2017.|
TX Fin Code § 35.102 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 35.102. Order of Conservatorship

Sec. 35.102.  ORDER OF CONSERVATORSHIP.  (a)  The banking commissioner by order may appoint a conservator for a state bank if the banking commissioner determines from examination or other credible evidence that the bank is in hazardous condition and immediate and irreparable harm is threatened to the bank, its depositors, creditors, or shareholders, or the public.(b)  The banking commissioner may issue the order without prior notice at any time before, during, or after the period of supervision.(c)  An order of conservatorship issued under this section must specifically state the basis for the order.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 46, eff. September 1, 2007.|
TX Fin Code § 35.103 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 35.103. Notice and Hearing

Sec. 35.103.  NOTICE AND HEARING.  (a)  An order issued under Section 35.101 or 35.102 must contain or be accompanied by a notice that, at the request of the bank, a hearing before the banking commissioner will be held at which the bank may cross-examine and present evidence to contest the order or show that the bank has satisfied all requirements for abatement of the order.  The department has the burden of proof for any continuation of the order or the issuance of a new order.(b)  To contest or modify the order or demonstrate that the bank has satisfied all requirements for abatement of the order, the bank must submit to the banking commissioner a written request for a hearing.  The request must state the grounds for the request to set aside or modify the order.  On receiving a request for hearing, the banking commissioner shall serve notice of the place and time of the hearing, which must be not later than the 10th day after the date the banking commissioner receives the request for a hearing unless the parties agree to a later hearing date.  The notice must be delivered by personal delivery or by registered or certified mail, return receipt requested.(c)  The banking commissioner may:(1)  delay a decision for a prompt examination of the bank;  and(2)  reopen the record as necessary to allow presentation of the results of the examination and appropriate opportunity for cross-examination and presentation of other relevant evidence.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 35.104 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 35.104. Post-Hearing Order

Sec. 35.104.  POST-HEARING ORDER.  (a)  If after the hearing the banking commissioner finds that the bank has been rehabilitated, that its hazardous condition has been remedied, that irreparable harm is no longer threatened, or that the bank should otherwise be released from the order, the banking commissioner shall release the bank from the order, subject to conditions the banking commissioner from the evidence believes are warranted to preserve the safety and soundness of the bank.(b)  If after the hearing the banking commissioner finds that the bank has failed to comply with the lawful requirements of the banking commissioner, has not been rehabilitated, is insolvent, or otherwise continues in hazardous condition, the banking commissioner by order shall:(1)  appoint or reappoint a supervisor under Section 35.101;(2)  appoint or reappoint a conservator under Section 35.102;  or(3)  take other appropriate action authorized by law.(c)  An order issued under Subsection (b) is immediately final for purposes of appeal.  The order may be appealed as provided by Sections 31.202 and 31.204.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 17, eff. September 1, 2019.|
TX Fin Code § 35.105 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 35.105. Confidentiality of Records

Sec. 35.105.  CONFIDENTIALITY OF RECORDS.  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 to the order are confidential and may be released only as provided by Subchapter D, Chapter 31, except that the banking commissioner may release to the public an order or information regarding the existence of an order if the banking commissioner concludes that the release would enhance effective enforcement of the order.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 35.106 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 35.106. Authority of Supervisor

Sec. 35.106.  AUTHORITY OF SUPERVISOR.  During a period of supervision, a bank, without the prior approval of the banking commissioner or the supervisor or as otherwise permitted or restricted by the order of supervision, may not:(1)  dispose of, sell, transfer, convey, or encumber the bank's assets;(2)  lend or invest the bank's money;(3)  incur a debt, obligation, or liability;(4)  pay a cash dividend to the bank's shareholders; or(5)  remove an executive officer or director, change the number of executive officers or directors, or have any other change in the position of executive officer or director.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 47, eff. September 1, 2007.Acts 2013, 83rd Leg., R.S., Ch. 940 (H.B. 1664), Sec. 10, eff. June 14, 2013.|