reglab/housing_qa huggingface dataset:
TX Fin Code § 185.103 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 185 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 185.103. Hearing

Sec. 185.103.  HEARING.  (a)  An order issued under Section 185.101 or 185.102 must contain or be accompanied by a notice that, at the request of the state trust company, a hearing will be held before the banking commissioner at which the state trust company may cross-examine witnesses and present evidence to contest the order or show that it has satisfied all requirements for abatement of the order.  The banking commissioner 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 it has satisfied all requirements for abatement of the order, the state trust company shall 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 time and place 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 state trust company;  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.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.|
TX Fin Code § 185.104 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 185 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 185.104. Post-Hearing Order

Sec. 185.104.  POST-HEARING ORDER.  (a)  If after the hearing the banking commissioner finds that the state trust company has been rehabilitated, that its hazardous condition has been remedied, that irreparable harm is no longer threatened, or that the state trust company should otherwise be released from the order, the banking commissioner shall release the state trust company from the order, subject to conditions the banking commissioner from the evidence believes are warranted to preserve the safety and soundness of the state trust company.(b)  If after the hearing the banking commissioner finds that the state trust company 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 pursuant to Section 185.101;(2)  appoint or reappoint a conservator pursuant to Section 185.102;  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 181.202 and 181.204.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.Amended by: Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 27, eff. September 1, 2019.|
TX Fin Code § 185.105 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 185 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 185.105. Confidentiality of Records

Sec. 185.105.  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 181, except that the banking commissioner may release to the public an order or information relating to the existence of an order if the banking commissioner concludes that the release would enhance effective enforcement of the order.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.|
TX Fin Code § 185.106 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 185 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 185.106. Duties of State Trust Company Under Supervision

Sec. 185.106.  DUTIES OF STATE TRUST COMPANY UNDER SUPERVISION.  During a period of supervision, a state trust company, 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 state trust company's assets;(2)  lend or invest the state trust company's funds;(3)  incur a debt, obligation, or liability;(4)  pay a cash dividend to the state trust company's shareholders or participants;(5)  solicit or accept any new client accounts; or(6)  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.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 940 (H.B. 1664), Sec. 16, eff. June 14, 2013.|
TX Fin Code § 185.107 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 185 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 185.107. Powers and Duties of Conservator

Sec. 185.107.  POWERS AND DUTIES OF CONSERVATOR.  (a)  A conservator appointed under this subchapter shall immediately take charge of the state trust company and all of its property, books, records, and affairs on behalf and at the direction and control of the banking commissioner.(b)  Subject to any limitation contained in the order of appointment or other direction of the banking commissioner, the conservator has all the powers of the directors, managers, managing participants, officers, and shareholders or participants of a state trust company and shall conduct the business of the state trust company and take all steps the conservator considers appropriate to remove the causes and conditions requiring the conservatorship.  During the conservatorship, the board may not direct or participate in the affairs of the state trust company.(c)  Except as otherwise provided by this subchapter, by rules adopted under this subtitle, or by Section 12.106, the conservator has the rights and privileges and is subject to the duties, restrictions, penalties, conditions, and limitations of the directors, officers, and employees of state trust companies.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.|
TX Fin Code § 185.108 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 185 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 185.108. Qualifications of Appointee

Sec. 185.108.  QUALIFICATIONS OF APPOINTEE.  The banking commissioner may appoint as a supervisor or conservator any person who in the judgment of the banking commissioner is qualified to serve.  The banking commissioner may serve as, or may appoint an employee of the department to serve as, a supervisor or conservator.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.|
TX Fin Code § 185.109 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 185 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 185.109. Expenses

Sec. 185.109.  EXPENSES.  (a)  The banking commissioner shall determine and approve the reasonable expenses attributable to the service of a supervisor or conservator, including costs incurred by the department and the compensation and expenses of the supervisor or conservator and any professional employees appointed to represent or assist the supervisor or conservator.  The banking commissioner or an employee of the department may not receive compensation in addition to salary for serving as supervisor or conservator, but the department may receive reimbursement for the fully allocated personnel cost associated with service of the banking commissioner or an employee as supervisor or conservator.(b)  All approved expenses shall be paid by the state trust company as the banking commissioner determines.  The banking commissioner has a lien against the assets and funds of the state trust company to secure payment of approved expenses.  The lien has a higher priority than any other lien against the state trust company.(c)  Notwithstanding any other provision of this subchapter, the state trust company may employ an attorney and other persons the state trust company selects to assist the state trust company in contesting or satisfying the requirements of an order of supervision or conservatorship.  The banking commissioner shall authorize the payment of reasonable fees and expenses from the state trust company for the attorney or other persons as expenses of the supervision or conservatorship.(d)  The banking commissioner may defer collection of assessment and examination fees by the department from the state trust company during a period of supervision or conservatorship if deferral appears to aid prospects for rehabilitation.  As a condition of release from supervision or conservatorship, the banking commissioner may require the rehabilitated state trust company to pay or develop a reasonable plan for payment of deferred fees.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.|
TX Fin Code § 185.110 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 185 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 185.110. Review of Supervisor or Conservator Decisions

Sec. 185.110.  REVIEW OF SUPERVISOR OR CONSERVATOR DECISIONS.  (a)  Notwithstanding Section 185.107(b), a majority of the state trust company's board, acting directly or through counsel who affirmatively represents that the requisite majority has been obtained, may request in writing that the banking commissioner review an action taken or proposed by the supervisor or conservator.  The request must specify why the action would not be in the best interest of the state trust company.  The banking commissioner shall investigate to the extent necessary and make a prompt written ruling on the request.  If the action has not yet been taken or if the effect of the action can be postponed, the banking commissioner may stay the action on request pending review.(b)  If a majority of the state trust company's board objects to the banking commissioner's ruling, the majority may request a hearing before the banking commissioner.  The request must be made not later than the 10th day after the date the state trust company is notified of the ruling.(c)  The banking commissioner shall give the board notice of the time and place of the hearing by personal delivery or by registered or certified mail, return receipt requested.  The hearing may not be held 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.  At the hearing the board has the burden of proof to demonstrate that the action is not in the best interest of the state trust company.(d)  After the hearing, the banking commissioner may affirm, modify, or set aside in whole or part the prior ruling.  An order supporting the action contested by the board is immediately final for purposes of appeal.  The order may be appealed as provided by Sections 181.202 and 181.204. |Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.Amended by: Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 28, eff. September 1, 2019.|
TX Fin Code § 185.111 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 185 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 185.111. Suit Filed Against or on Behalf of State Trust Company Under Supervision or Conservatorship

Sec. 185.111.  SUIT FILED AGAINST OR ON BEHALF OF STATE TRUST COMPANY UNDER SUPERVISION OR CONSERVATORSHIP.  (a)  A suit filed against a state trust company while the state trust company is under conservatorship, or against a person in connection with an action taken or decision made by that person as a supervisor or conservator of a state trust company, must be brought in Travis County regardless of whether the state trust company remains under an order of supervision or conservatorship.(b)  A conservator may sue a person on the trust company's behalf to preserve, protect, or recover state trust company assets, including claims or causes of action.  The suit may be in:(1)  Travis County;  or(2)  another location where jurisdiction and venue against that person may be obtained under law.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.|
TX Fin Code § 185.112 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 185 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 185.112. Duration

Sec. 185.112.  DURATION.  A supervisor or conservator serves for the period necessary to accomplish the purposes of the supervision or conservatorship as intended by this subchapter.  A rehabilitated state trust company shall be returned to its former or new management under conditions reasonable and necessary to prevent recurrence of the conditions causing the supervision or conservatorship.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.|
TX Fin Code § 185.113 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 185 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 185.113. Administrative Election of Remedies

Sec. 185.113.  ADMINISTRATIVE ELECTION OF REMEDIES.  The banking commissioner may take any action authorized under Chapter 186 regardless of the existence of supervision or conservatorship.  A period of supervision or conservatorship is not required before a trust company is closed for liquidation or other remedial action is taken.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.|
TX Fin Code § 185.114 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 185 - Enforcement Actions|Subchapter B. Supervision and Conservatorship|Section 185.114. Release Before Hearing

Sec. 185.114.  RELEASE BEFORE HEARING.  This subchapter does not prevent release of a state trust company from supervision or conservatorship before a hearing if the banking commissioner is satisfied that requirements for abatement have been adequately satisfied.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.|
TX Fin Code § 185.201 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 185 - Enforcement Actions|Subchapter C. Unauthorized Trust Activity: Investigation and Enforcement|Section 185.201. Investigation of Unauthorized Trust Activity

Sec. 185.201.  INVESTIGATION OF UNAUTHORIZED TRUST ACTIVITY.  (a)  If the banking commissioner has reason to believe that a person has engaged, is engaging, or is likely to engage in an unauthorized trust activity, the banking commissioner may:(1)  investigate as necessary within or outside this state to:(A)  determine whether the unauthorized trust activity has occurred or is likely to occur;  or(B)  aid in the enforcement of the laws administered by the banking commissioner;(2)  initiate appropriate disciplinary action as provided by this subchapter;  and(3)  report any unauthorized trust activity to a law enforcement agency or another regulatory agency with appropriate jurisdiction.(b)  The banking commissioner may:(1)  on written request furnish to a law enforcement agency evidence the banking commissioner has compiled in connection with the unauthorized activity, including materials, documents, reports, and complaints;  and(2)  assist the law enforcement agency or other regulatory agency as requested.(c)  A person acting without malice, fraudulent intent, or bad faith is not subject to liability, including liability for libel, slander, or other relevant tort, because the person files a report or furnishes, orally or in writing, information concerning a suspected, anticipated, or completed unauthorized activity to a law enforcement agency, the banking commissioner or another regulatory agency with appropriate jurisdiction, or an agent or employee of a law enforcement agency, the banking commissioner, or other regulatory agency.  The person is entitled to attorney's fees and court costs if the person prevails in an action for libel, slander, or any other relevant tort based on the report or other information the person furnished as provided by this subchapter.(d)  This section does not:(1)  affect or modify a common law or statutory privilege or immunity;(2)  preempt the authority or relieve the duty of a law enforcement agency or other regulatory agency with appropriate jurisdiction to investigate and prosecute suspected criminal acts;(3)  prohibit a person from voluntarily disclosing information to a law enforcement agency or other regulatory agency;  or(4)  limit a power or duty granted to the banking commissioner under this subtitle or other law.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.|
TX Fin Code § 185.203 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 185 - Enforcement Actions|Subchapter C. Unauthorized Trust Activity: Investigation and Enforcement|Section 185.203. Enforcement of Subpoena

Sec. 185.203.  ENFORCEMENT OF SUBPOENA.  (a)  If necessary, the banking commissioner may apply to a district court in Travis County or in the county in which the subpoena was served for enforcement of the subpoena, and the court may issue an order compelling compliance.(b)  If the court orders compliance with the subpoena or finds the person in contempt for failure to obey the order, the banking commissioner, or the attorney general if representing the banking commissioner, may recover reasonable court costs, attorney's fees, and investigative costs incurred in the proceeding.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.|
TX Fin Code § 185.204 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 185 - Enforcement Actions|Subchapter C. Unauthorized Trust Activity: Investigation and Enforcement|Section 185.204. Confidentiality of Subpoenaed Records

Sec. 185.204.  CONFIDENTIALITY OF SUBPOENAED RECORDS.  (a)  A book, account, record, paper, correspondence, or other document subpoenaed and produced under Section 185.202 that is otherwise made privileged or confidential by law remains privileged or confidential unless admitted into evidence at an administrative hearing or in a court.  The banking commissioner may issue an order protecting the confidentiality or privilege of the document and restricting its use or distribution by any person or in any proceeding, other than a proceeding before the banking commissioner.(b)  Subject to Subchapter D, Chapter 181, and confidentiality provisions of other law administered by the banking commissioner, information or material acquired under Section 185.202 under a subpoena is not a public record for the period the banking commissioner considers reasonably necessary to complete the investigation, protect the person being investigated from unwarranted injury, or serve the public interest.  The information or material is not subject to a subpoena, except a grand jury subpoena, until released for public inspection by the banking commissioner or, after notice and a hearing, a district court determines that the public interest and any investigation by the banking commissioner would not be jeopardized by obeying the subpoena.  The district court order may not apply to:(1)  a record or communication received from another law enforcement or regulatory agency except on compliance with the confidentiality laws governing the records of the other agency;  or(2)  an internal note, memorandum, report, or communication made in connection with a matter that the banking commissioner has the authority to consider or investigate, except on good cause and compliance with applicable confidentiality laws.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.|
TX Fin Code § 185.205 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle F - Trust Companies|Chapter 185 - Enforcement Actions|Subchapter C. Unauthorized Trust Activity: Investigation and Enforcement|Section 185.205. Evidence

Sec. 185.205.  EVIDENCE.  (a)  On certification by the banking commissioner, a book, record, paper, or document produced or testimony taken as provided by Section 185.202 and held by the department is admissible as evidence in any case without prior proof of its correctness and without other proof.  The certified book, record, document, or paper, or a certified copy, is prima facie evidence of the facts it contains.(b)  This section does not limit another provision of this subtitle or a law that provides for the admission of evidence or its evidentiary value.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.|