reglab/housing_qa huggingface dataset:
TX Fin Code § 35.107 (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 35.107. Authority of Conservator

Sec. 35.107.  AUTHORITY OF CONSERVATOR.  (a)  A conservator appointed under this subchapter shall immediately take charge of the bank 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 in the order of appointment or other direction of the banking commissioner, the conservator has all the powers of the directors, officers, and shareholders of the bank and shall conduct the business of the bank and take all steps the conservator considers appropriate to remove the conditions causing the conservatorship.  During the conservatorship, the board may not direct or participate in the affairs of the bank.(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 banks.|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. 48, eff. September 1, 2007.|
TX Fin Code § 35.108 (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 35.108. Qualifications of Appointee

Sec. 35.108.  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, supervisor or conservator.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 35.109 (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 35.109. Expenses

Sec. 35.109.  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 of the department as supervisor or conservator.(b)  All approved expenses shall be paid by the bank as the banking commissioner determines.  The banking commissioner has a lien against the assets and money of the bank to secure payment of approved expenses.  The lien has a higher priority than any other lien against the bank.(c)  Notwithstanding any other provision of this subchapter, the bank may employ an attorney and other persons the bank selects to assist the bank 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 bank for the attorney and 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 bank during a period of supervision or conservatorship if deferral would appear to aid prospects for rehabilitation.  As a condition of release from supervision or conservatorship, the banking commissioner may require the rehabilitated bank to pay or develop a reasonable plan for payment of deferred fees.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 35.110 (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 35.110. Review of Supervisor or Conservator Decision

Sec. 35.110.  REVIEW OF SUPERVISOR OR CONSERVATOR DECISION.  (a)  Notwithstanding Section 35.107(b), a majority of the bank'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 bank.  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 bank'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 bank 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 bank.(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 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. 18, eff. September 1, 2019.|
TX Fin Code § 35.111 (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 35.111. Venue

Sec. 35.111.  VENUE.  (a)  A suit filed against a bank while the bank 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 bank, must be brought in Travis County regardless of whether the bank remains under supervision or conservatorship.(b)  A conservator may sue a person on the bank's behalf to preserve, protect, or recover a bank asset, including a claim or cause of action.  Venue is in:(1)  Travis County;  or(2)  another location provided by law.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 35.112 (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 35.112. Duration

Sec. 35.112.  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 bank 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.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 35.113 (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 35.113. Administrative Election of Remedies

Sec. 35.113.  ADMINISTRATIVE ELECTION OF REMEDIES.  The banking commissioner may take any action authorized by Chapter 36 regardless of the existence of supervision or conservatorship.  A period of supervision or conservatorship is not required before a bank is closed for liquidation or other remedial action is taken.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 35.114 (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 35.114. Release Before Hearing

Sec. 35.114.  RELEASE BEFORE HEARING.  This subchapter does not prevent release of the bank from supervision or conservatorship before a hearing if the banking commissioner is satisfied that requirements for abatement have been adequately satisfied.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 35.201 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter C. Unauthorized Activity: Investigation and Enforcement|Section 35.201. Inapplicability

Sec. 35.201.  INAPPLICABILITY.  This subchapter does not apply to a financial institution, as that term is defined by Section 201.101, that lawfully maintains its main office or a branch in this state.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.015, eff. Sept. 1, 1999.|
TX Fin Code § 35.202 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter C. Unauthorized Activity: Investigation and Enforcement|Section 35.202. Investigation of Unauthorized Activity

Sec. 35.202.  INVESTIGATION OF UNAUTHORIZED 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 activity, the banking commissioner may:(1)  investigate as necessary within or outside this state to:(A)  determine whether the unauthorized 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 unauthorized 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 another 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, 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 another relevant tort based on the report or other information the person furnished as provided by this subchapter.(d)  This section does not:(1)  affect 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.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 35.204 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter C. Unauthorized Activity: Investigation and Enforcement|Section 35.204. Enforcement of Subpoena

Sec. 35.204.  ENFORCEMENT OF SUBPOENA.  (a)  If necessary, the banking commissioner may apply to a district court of Travis County or of 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.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 35.205 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter C. Unauthorized Activity: Investigation and Enforcement|Section 35.205. Confidentiality of Subpoenaed Records

Sec. 35.205.  CONFIDENTIALITY OF SUBPOENAED RECORDS.  (a)  A book, account, record, paper, correspondence, or other document subpoenaed and produced under Section 35.203 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 31, and confidentiality provisions of other law administered by the banking commissioner, information or material acquired under Section 35.203 under a subpoena is not a public record for the period the banking commissioner considers reasonably necessary to complete the investigation, to protect the person being investigated from unwarranted injury, or to 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 until, 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 in compliance with applicable confidentiality laws.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 35.206 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter C. Unauthorized Activity: Investigation and Enforcement|Section 35.206. Evidence

Sec. 35.206.  EVIDENCE.  (a)  On certification by the banking commissioner, a book, record, paper, or document produced or testimony taken as provided by Section 35.203 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.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2017, 85th Leg., R.S., Ch. 599 (S.B. 1401), Sec. 8, eff. September 1, 2017.|
TX Fin Code § 35.207 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter C. Unauthorized Activity: Investigation and Enforcement|Section 35.207. Cease and Desist Order

Sec. 35.207.  CEASE AND DESIST ORDER.  (a)  The banking commissioner may serve a proposed cease and desist order on a person that the banking commissioner believes is engaging or is likely to engage in an unauthorized activity.  The order must:(1)  be delivered by personal delivery or registered or certified mail, return receipt requested, to the person's last known address;(2)  state each act or practice alleged to be an unauthorized activity;  and(3)  state the effective date of the order, which may not be before the 21st day after the date the proposed order is delivered or mailed.(b)  Unless the person against whom the proposed order is directed requests a hearing in writing before the effective date of the proposed order, the order takes effect and is final and nonappealable as to that person.(c)  A requested hearing on a proposed order shall be held not later than the 30th day after the date the first written request for a hearing on the order is received by the department unless the parties agree to a later hearing date.  At the hearing, the department has the burden of proof and must present evidence in support of the order.  Each person against whom the order is directed may cross-examine and show cause why the order should not be issued.(d)  After the hearing, the banking commissioner shall issue or decline to issue a cease and desist order.  The proposed order may be modified as necessary to conform to the findings at the hearing.  An order issued under this subsection:(1)  is immediately final for purposes of enforcement and appeal;  and(2)  must require the person to immediately cease and desist from the unauthorized activity.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 35.208 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter C. Unauthorized Activity: Investigation and Enforcement|Section 35.208. Emergency Cease and Desist Order

Sec. 35.208.  EMERGENCY CEASE AND DESIST ORDER.  (a)  The banking commissioner may issue an emergency cease and desist order to a person whom the banking commissioner reasonably believes is engaging in a continuing unauthorized activity that is fraudulent or threatens immediate and irreparable public harm.(b)  The order must:(1)  be delivered on issuance to each person affected by the order by personal delivery or registered or certified mail, return receipt requested, to the person's last known address;(2)  state the specific charges and require the person immediately to cease and desist from the unauthorized activity;  and(3)  contain a notice that a request for hearing may be filed under this section.(c)  Unless a person against whom the 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.  A request for a hearing must:(1)  be in writing and directed to the banking commissioner;  and(2)  state the grounds for the request to set aside or modify the order.(d)  On receiving a request for a hearing, the banking commissioner shall serve notice of the time and place of the hearing by personal delivery or registered or certified mail, return receipt requested.  The hearing must be held not later than the 10th day after the date the banking commissioner receives the request for a hearing unless the parties agree to a later hearing date.  At the hearing, the department has the burden of proof and must present evidence in support of the order.  The person requesting the hearing may cross-examine witnesses and show cause why the order should not be affirmed.(e)  After the hearing, the banking commissioner shall affirm, modify, or set aside in whole or part the emergency cease and desist order.  An order affirming or modifying the emergency cease and desist order is immediately final for purposes of enforcement and appeal.(f)  An 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 order.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 35.209 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter C. Unauthorized Activity: Investigation and Enforcement|Section 35.209. Judicial Review of Cease and Desist Order

Sec. 35.209.  JUDICIAL REVIEW OF CEASE AND DESIST ORDER.  (a)  A person affected by a cease and desist order issued, affirmed, or modified after a hearing may file a petition for judicial review.(b)  A filed petition for judicial review does not stay or vacate the order unless the court, after hearing, specifically stays or vacates the order.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 35.210 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 35 - Enforcement Actions|Subchapter C. Unauthorized Activity: Investigation and Enforcement|Section 35.210. Violation of Final Cease and Desist Order

Sec. 35.210.  VIOLATION OF FINAL CEASE AND DESIST ORDER.  (a)  If the banking commissioner reasonably believes that a person has violated a final and enforceable cease and desist order, the banking commissioner may:(1)  initiate an administrative penalty proceeding under Section 35.211;(2)  refer the matter to the attorney general for enforcement by injunction and any 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)(2), the attorney general is entitled to reasonable attorney's fees.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|