reglab/housing_qa huggingface dataset:
TX Fin Code § 154.360 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter H. Guaranty Fund|Section 154.360. Subrogation

Sec. 154.360.  SUBROGATION.  (a)  A person receiving a benefit under this subchapter, including a payment of or on account of a contractual obligation or provision of substitute or alternative prepaid funeral benefits, is considered to have assigned to the fund the rights under, and any cause of action relating to, the prepaid funeral benefits contract to the extent of the benefit received.  Notwithstanding this assignment by law, the commissioner may require a payee to execute a formal assignment of the person's rights and cause of action to the fund as a condition of receiving a right or benefit under this subchapter.(b)  The fund retains all common law rights of subrogation and any other equitable or legal remedy that would have been available to a recipient of benefits from the fund with respect to a prepaid funeral benefits contract.(c)  The commissioner, on behalf of the fund, may bring an action against any person and may employ and compensate a consultant, an agent, legal counsel, an accountant, or any other person the commissioner considers appropriate to collect a subrogated amount.  Payment shall be made from the appropriate account within the fund for these services.  Any recovery of a subrogated amount shall be deposited in the appropriate account within the fund.|Added by Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 29, eff. September 1, 2009.|
TX Fin Code § 154.400 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.400. Investigation and Subpoena Authority

Sec. 154.400.  INVESTIGATION AND SUBPOENA AUTHORITY.  (a)  If the commissioner has a reasonable suspicion of a misallocation or defalcation of prepaid funeral funds or an unauthorized sale of prepaid funeral benefits, the commissioner may conduct investigations as the commissioner considers necessary or appropriate to determine whether:(1)  a misallocation or defalcation of prepaid funeral funds has occurred; or(2)  an unauthorized sale of prepaid funeral benefits has occurred.(b)  The commissioner may issue a subpoena to compel the attendance and testimony of a person under oath or the production of documents related to an investigation conducted under Subsection (a).  The subpoena may require attendance and production at the department's offices in Austin, Texas, or at another place the commissioner designates.(c)  A subpoena issued under this section to a financial institution is not subject to Section 59.006.(d)  If a person refuses to obey a subpoena, a district court in Travis County or the county in which the subpoena was served, on application by the commissioner, may issue an order requiring the person to appear before the commissioner and produce documents or give evidence regarding the matter under investigation.(e)  The commissioner may recover the reasonable costs incurred in connection with an investigation conducted under this section from the person who is the subject of the investigation if, after a hearing conducted as provided by Chapter 2001, Government Code, the trier of fact determines that the person violated this chapter or a rule adopted under this chapter.|Added by Acts 2013, 83rd Leg., R.S., Ch. 39 (S.B. 297), Sec. 6, eff. September 1, 2013.Amended by: Acts 2019, 86th Leg., R.S., Ch. 446 (S.B. 1822), Sec. 3, eff. September 1, 2019.|
TX Fin Code § 154.401 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.401. Criminal Penalty for Certain Violations of Chapter

Sec. 154.401.  CRIMINAL PENALTY FOR CERTAIN VIOLATIONS OF CHAPTER.  (a)  Except as provided by Section 154.402, an officer, director, agent, or employee of a seller commits an offense if the person:(1)  makes or attempts to make a contract in violation of this chapter;(2)  refuses to allow an inspection of the seller's records relating to the sale of prepaid funeral benefits;(3)  engages in fraud, deception, misrepresentation, or another dishonest practice in the sale of a contract subject to this chapter;  or(4)  otherwise violates this chapter.(b)  An offense under this section for which a penalty is not expressly provided by this subchapter is punishable by:(1)  a fine of not less than $100 or more than $500;(2)  confinement in the county jail for a term of not less than one month or more than six months;  or(3)  both the fine and confinement.(c)  Each violation of this chapter is a separate offense and shall be prosecuted individually.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.402 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.402. Criminal Penalty Relating to Deposit or Withdrawal of Money

Sec. 154.402.  CRIMINAL PENALTY RELATING TO DEPOSIT OR WITHDRAWAL OF MONEY.  (a)  A person commits an offense if the person:(1)  fails to deposit money in compliance with this chapter;  or(2)  withdraws money in a manner inconsistent with this chapter.(b)  An offense under this section is punishable as if it were an offense under Section 32.45, Penal Code.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.403 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.403. Criminal Penalty for Failure to File Report

Sec. 154.403.  CRIMINAL PENALTY FOR FAILURE TO FILE REPORT.  (a)  An officer of a seller commits an offense if the officer fails or refuses to file an annual report required by Section 154.052 before the 31st day after the date the officer is notified by the department of the requirement.(b)  An offense under this section is a misdemeanor and is punishable as provided by Section 154.401.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.404 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.404. Criminal Penalty for Failure to Deliver Money to Designated Agent

Sec. 154.404.  CRIMINAL PENALTY FOR FAILURE TO DELIVER MONEY TO DESIGNATED AGENT.  (a)  A seller or a person acting on behalf of a seller commits an offense if the seller or person:(1)  collects money under a prepaid funeral benefits contract;  and(2)  fails to deliver the money to a designated agent of the seller before the 31st day after the date it is collected.(b)  An offense under this section is punishable as if it were an offense under Section 32.45, Penal Code.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.405 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.405. Criminal Penalty for Agent's Failure to Deposit Certain Money

Sec. 154.405.  CRIMINAL PENALTY FOR AGENT'S FAILURE TO DEPOSIT CERTAIN MONEY.  (a)  A designated agent of a seller commits an offense if the agent fails to deposit money collected under a prepaid funeral benefits contract before the 31st day after the date it is received by the agent.(b)  It is an exception to the application of this section that the failure to make a deposit is inadvertent and is corrected before the 11th day after the date the seller discovers the failure.(c)  An offense under this section is punishable as if it were an offense under Section 32.45, Penal Code.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.406 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.406. Administrative Penalty

Sec. 154.406.  ADMINISTRATIVE PENALTY.  (a)  After notice and opportunity for hearing, the commissioner may impose an administrative penalty on a person who:(1)  violates this chapter or a final order of the commissioner or rule of the commission and does not correct the violation before the 31st day after the date the person receives written notice of the violation from the department;  or(2)  engages in a pattern of violations, as determined by the commissioner.(b)  The amount of the penalty for each violation may not exceed $1,000 for each day the violation occurs.(c)  In determining the amount of the penalty, the commissioner shall consider the seriousness of the violation, the person's history of violations, and the person's good faith in attempting to comply with this chapter.(d)  The imposition of a penalty under this section is subject to judicial review as a contested case under Chapter 2001, Government Code.(e)  The commissioner may collect the penalty in the same manner that a money judgment is enforced in district court.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 699, Sec. 11, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 867, Sec. 82, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 8.003, eff. Sept. 1, 2003.|
TX Fin Code § 154.4061 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.4061. Pattern of Wilful Disregard

Sec. 154.4061.  PATTERN OF WILFUL DISREGARD.  (a)  If, after a hearing conducted as provided by Chapter 2001, Government Code, the trier of fact finds that a violation of this chapter or a rule of the Finance Commission of Texas establishes a pattern of wilful disregard for the requirements of this chapter or rules of the finance commission, the trier of fact may recommend to the commissioner that the maximum administrative penalty permitted under Section 154.406 be imposed on the person committing the violation or that the commissioner cancel or not renew the person's permit under this chapter.(b)  For the purposes of this section, violations corrected as provided by Section 154.406 may be included in determining whether a pattern of wilful disregard for the requirements of this chapter or rules of the finance commission exists.|Added by Acts 2001, 77th Leg., ch. 699, Sec. 12, eff. Sept. 1, 2001.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 39 (S.B. 297), Sec. 7, eff. September 1, 2013.|
TX Fin Code § 154.407 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.407. Injunctive Relief

Sec. 154.407.  INJUNCTIVE RELIEF.  The commissioner may sue in a district court in Travis County or the county in which the violation occurred to enjoin a violation or threatened violation of:(1)  this chapter; or(2)  a final order of the commissioner or rule of the commission.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 83, eff. Sept. 1, 2001.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 39 (S.B. 297), Sec. 8, eff. September 1, 2013.|
TX Fin Code § 154.408 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.408. Cease and Desist Order

Sec. 154.408.  CEASE AND DESIST ORDER.  (a)  The commissioner may issue a cease and desist order to a person if the commissioner finds by examination or other credible evidence that the person has violated a law of this state relating to the sale of prepaid funeral benefits, including a violation of this chapter or a final order of the commissioner or rule of the commission.(b)  The order must state:(1)  with reasonable certainty the grounds for the order; and(2)  the effective date of the order.(c)  The order shall be served on the person named in the order by certified mail, return receipt requested, to the last known address of the person.(d)  Except as provided by Section 154.4081, the order takes effect as proposed, except that the order may not take effect before the 16th day after the date the order is mailed unless the person named in the order requests a hearing not later than the 15th day after the date the order is mailed.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 84, eff. Sept. 1, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 30, eff. September 1, 2009.|
TX Fin Code § 154.4081 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.4081. Emergency Order

Sec. 154.4081.  EMERGENCY ORDER.  (a)  The commissioner may issue an emergency order that takes effect immediately if the commissioner finds that immediate and irreparable harm is threatened to the public or a beneficiary under a prepaid funeral benefits contract.(b)  An emergency order remains in effect unless stayed by the commissioner.(c)  The person named in the order may request in writing an opportunity for a hearing to show that the emergency order should be stayed.  The written request for a hearing must be filed with the commissioner not later than the 30th day after the date on which the order is hand-delivered or the order is mailed, whichever date is earlier.  On receipt of the request, the commissioner shall set a time for the hearing before the 22nd day after the date the commissioner received the request, unless extended at the request of the person named in the order.(d)  The hearing is an administrative hearing relating to the validity of findings that support immediate effect of the order.|Added by Acts 2009, 81st Leg., R.S., Ch. 1190 (H.B. 3762), Sec. 31, eff. September 1, 2009.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 39 (S.B. 297), Sec. 9, eff. September 1, 2013.|
TX Fin Code § 154.409 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.409. Suit by Attorney General

Sec. 154.409.  SUIT BY ATTORNEY GENERAL.  (a)  The department may notify the attorney general of a violation of this chapter.(b)  The attorney general shall institute suit in the name of this state against a person who violates this chapter in a district court in Travis County or the county in which the violation occurred.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 39 (S.B. 297), Sec. 10, eff. September 1, 2013.|
TX Fin Code § 154.410 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.410. Quo Warranto Proceedings

Sec. 154.410.  QUO WARRANTO PROCEEDINGS.  (a)  The attorney general may institute a quo warranto proceeding in a district court of Travis County to forfeit the charter or the right to do business of a corporation an officer, director, agent, or employee of which refuses or fails to correct a violation of this chapter after the department or attorney general notifies the officer, director, agent, or employee of the violation.(b)  Thirty days is considered a sufficient period to correct the violation after notice from the department or attorney general.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.411 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.411. Restitution

Sec. 154.411.  RESTITUTION.  The commissioner may issue an order to a person requiring restitution if, after notice and opportunity for hearing, the commissioner finds that the person:(1)  failed to deposit money in accordance with Subchapter F;  or(2)  misappropriated, converted, or illegally withheld or failed or refused to pay on demand money entrusted to the person that belongs to the beneficiary under a prepaid funeral benefits contract.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.413 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.413. Notification of Purchaser

Sec. 154.413.  NOTIFICATION OF PURCHASER.  Not later than the 30th day after the date prepaid funeral money is seized under Section 154.412, the commissioner may notify each known person who purchased prepaid funeral benefits under a contract from the permit holder whose permit is canceled.  The notice must:(1)  include an explanation of the procedures under this chapter for canceling the contract and claiming money that may be due the person if the person elects to cancel;(2)  inform the person on continuing to make payments under the contract if the person elects to keep the contract in force;  and(3)  inform the person that if the person elects to keep the contract in force the commissioner will transfer:(A)  responsibility to perform the contract to a responsible successor permit holder selected by the commissioner;  or(B)  the seized money to the fund maintained under Section 154.351,subject to the claims process prescribed by rule under Subchapter H.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 154.414 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.414. Liquidation of Business and Affairs of Person Following Seizure of Money and Records

Sec. 154.414.  LIQUIDATION OF BUSINESS AND AFFAIRS OF PERSON FOLLOWING SEIZURE OF MONEY AND RECORDS.  After an order issued under Section 154.412(a) becomes final and unappealable, the commissioner may petition a district court in Travis County or in the county in which a person required to hold a permit under this chapter resides to request the issuance of an order to show cause why the business and affairs of that person should not be liquidated and a receiver appointed by the court for that purpose if:(1)  the person:(A)  failed to deposit money in accordance with Subchapter F;(B)  misappropriated, converted, or illegally withheld or failed or refused to pay on demand money entrusted to that person that belongs to the beneficiary under a prepaid funeral benefits contract; or(C)  allowed the person's permit to lapse or had the permit revoked under this chapter and did not make adequate provision for the administration of the money deposited with the person for prepaid funeral benefits contracts in accordance with the contract and applicable law, including rules; and(2)  the person failed or refused to correct the violation before the 31st day after the date the person received written notice from the commissioner.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 39 (S.B. 297), Sec. 12, eff. September 1, 2013.|
TX Fin Code § 154.416 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 154 - Prepaid Funeral Services|Subchapter I. Criminal Penalties and Civil Remedies|Section 154.416. Application for Release From Prohibition Order

Sec. 154.416.  APPLICATION FOR RELEASE FROM PROHIBITION ORDER.  (a)  After the expiration of 10 years from the date of issuance, a person who is subject to a prohibition order issued under Section 154.415, regardless of the order's stated duration or date of issuance, may apply to the commissioner to be released from the order.(b)  The application must be made under oath and in the form required by the commissioner.  The application must be accompanied by any required fees.(c)  The commissioner, in the exercise of discretion, may approve or deny an application filed under this section.(d)  The commissioner's decision under Subsection (c) is final and not appealable.|Added by Acts 2013, 83rd Leg., R.S., Ch. 39 (S.B. 297), Sec. 13, eff. September 1, 2013.|
TX Fin Code § 156.001 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 156 - Residential Mortgage Loan Companies|Subchapter A. General Provisions|Section 156.001. Short Title

Sec. 156.001.  SHORT TITLE.  This chapter may be cited as the Residential Mortgage Loan Company Licensing and Registration Act.|Added by Acts 1999, 76th Leg., ch. 1254, Sec. 2, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 655 (S.B. 1124), Sec. 4, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 160 (S.B. 1004), Sec. 2, eff. September 1, 2013.|
TX Fin Code § 156.003 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 156 - Residential Mortgage Loan Companies|Subchapter A. General Provisions|Section 156.003. Secondary Market Transactions

Sec. 156.003.  SECONDARY MARKET TRANSACTIONS.  This chapter does not prohibit a residential mortgage loan originator sponsored by and conducting business for a licensed or registered residential mortgage loan company under this chapter from receiving compensation from a party other than the mortgage applicant for the sale, transfer, assignment, or release of rights on the closing of a mortgage transaction.|Added by Acts 1999, 76th Leg., ch. 1254, Sec. 2, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 655 (S.B. 1124), Sec. 6, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 160 (S.B. 1004), Sec. 4, eff. September 1, 2013.|
TX Fin Code § 156.004 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle E - Other Financial Businesses|Chapter 156 - Residential Mortgage Loan Companies|Subchapter A. General Provisions|Section 156.004. Disclosure to Applicant

Sec. 156.004.  DISCLOSURE TO APPLICANT.  (a)  At the time an applicant submits an application to a residential mortgage loan originator sponsored by and conducting business for a licensed or registered residential mortgage loan company under this chapter, the residential mortgage loan originator shall provide to the applicant a disclosure that specifies:(1)  the nature of the relationship between the applicant and the residential mortgage loan originator;(2)  the duties the residential mortgage loan originator has to the applicant; and(3)  how the residential mortgage loan originator will be compensated.(b)  The finance commission, by rule, shall adopt a standard disclosure form to be used by the residential mortgage loan originator.|Added by Acts 1999, 76th Leg., ch. 1254, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 867, Sec. 85, eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 655 (S.B. 1124), Sec. 7, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 160 (S.B. 1004), Sec. 5, eff. September 1, 2013.|