reglab/statecodes huggingface dataset:
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter E. Investigation and Enforcement › Section 14.207. Imposition of Costs on Parties

Sec. 14.207.  IMPOSITION OF COSTS ON PARTIES.  The commissioner may impose on a party in interest of record fees, expenses, or costs incurred in connection with a hearing or may divide the fee or expense among any or all interested parties as determined by the commissioner.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter E. Investigation and Enforcement › Section 14.208. Injunction; Appeal

Sec. 14.208.  INJUNCTION; APPEAL.  (a)  If the commissioner has reasonable cause to believe that a person is violating a statute to which this chapter applies, the commissioner, in addition to any other authorized action, may issue an order to cease and desist from the violation or an order to take affirmative action, or both, to enforce compliance.
(b)  If a person against whom an order under this section is made requests a hearing not later than the 30th day after the date the order is served, the commissioner shall set and give notice of a hearing before a hearings officer. Chapter 2001, Government Code, governs the hearing and the right to judicial review in district court. Based on the findings of fact, conclusions of law, and recommendations of the hearings officer, the commissioner by order may find whether a violation has occurred.
(c)  If a hearing is not timely requested under Subsection (b), the order is considered final and becomes enforceable.  The commissioner, after giving notice, may impose against a person who violates a cease and desist order an administrative penalty in an amount not to exceed $1,000 for each day of violation.  In addition to any other remedy provided by law, the commissioner on relation of the attorney general may institute in district court a suit for injunctive relief and to collect an administrative penalty.  A bond is not required of the commissioner with respect to injunctive relief granted under this section.  In the action, the court may enter as proper an order awarding a preliminary or final injunction.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 95(1), eff. September 1, 2019.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 4.01, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 10, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 95(1), eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter E. Investigation and Enforcement › Section 14.209. Appointment of Receiver

Sec. 14.209.  APPOINTMENT OF RECEIVER.  (a)  In addition to other remedies for the enforcement of a restraining order or injunction, the court in which an action is brought under Section 14.208(c) may impound and appoint a receiver for the defendant's property and business, including a document relating to the property or business, as the court considers reasonably necessary to prevent a violation through use of the property and business.
(b)  On appointment and qualification, a receiver has the powers and duties of a receiver under Chapter 64, Civil Practice and Remedies Code.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 159 (S.B. 1371), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter F. Administrative Penalty; Restitution Order; Assurance of Voluntary Compliance › Section 14.251. Assessment of Penalty; Restitution Order

Sec. 14.251.  ASSESSMENT OF PENALTY;  RESTITUTION ORDER.  (a)  The commissioner may assess an administrative penalty against a person who knowingly and wilfully violates or causes a violation of this chapter, Chapter 394, or Subtitle B, Title 4, or a rule adopted under this chapter, Chapter 394, or Subtitle B, Title 4.
(a-1)  The commissioner shall assess an administrative penalty against a credit access business who knowingly and wilfully violates or causes a violation of Chapter 393, or a rule adopted under Chapter 393.
(b)  The commissioner may order the following businesses or other persons to pay restitution to an identifiable person:
(1)  a person who violates or causes a violation of this chapter, Chapter 394, or Subtitle B, Title 4, or a rule adopted under this chapter, Chapter 394, or Subtitle B, Title 4;
(2)  a credit access business who violates or causes a violation of Chapter 393 or a rule adopted under Chapter 393; or
(3)  a person who violates or causes a violation of Subchapter B, Chapter 1956, Occupations Code, or a rule adopted under that subchapter.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.29, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1302 (H.B. 2594), Sec. 7, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 63 (H.B. 2548), Sec. 5, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 196 (S.B. 560), Sec. 6, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 11, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter F. Administrative Penalty; Restitution Order; Assurance of Voluntary Compliance › Section 14.252. Amount of Penalty

Sec. 14.252.  AMOUNT OF PENALTY.  (a)  The commissioner may assess an administrative penalty for a violation in an amount not to exceed $1,000 for each day of the violation.
(b)  The aggregate amount of penalties under this subchapter that the commissioner may assess against a person during one calendar year may not exceed the lesser of:
(1)  $100,000; or
(2)  an amount that is equal to the greater of five percent of the net worth of the creditor or $5,000.
(c)  In determining the amount of an administrative penalty, the commissioner shall consider:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the prohibited act;
(2)  the extent of actual or potential harm to a third party;
(3)  the history of violations;
(4)  the amount necessary to deter future violations;
(5)  efforts to correct the violation;  and
(6)  any other matter that justice may require.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 4.03, eff. September 1, 2005.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter F. Administrative Penalty; Restitution Order; Assurance of Voluntary Compliance › Section 14.253. Report on Violation

Sec. 14.253.  REPORT ON VIOLATION.  If the commissioner determines that a violation occurred, the commissioner may issue a report that states:
(1)  the facts on which the determination is based;  and
(2)  the commissioner's recommendation on imposition of a penalty, including a recommendation on the amount of the penalty.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter F. Administrative Penalty; Restitution Order; Assurance of Voluntary Compliance › Section 14.254. Notice of Report on Violation and Penalty Recommendation

Sec. 14.254.  NOTICE OF REPORT ON VIOLATION AND PENALTY RECOMMENDATION.  (a)  Not later than the 14th day after the date on which a report is issued, the commissioner shall give written notice of the report by certified mail to the person charged with committing or causing the violation.
(b)  The notice must:
(1)  include a brief summary of the alleged violation;
(2)  include a statement of the amount of the recommended penalty;  and
(3)  inform the person that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter F. Administrative Penalty; Restitution Order; Assurance of Voluntary Compliance › Section 14.255. Response of Person Receiving Notice

Sec. 14.255.  RESPONSE OF PERSON RECEIVING NOTICE.  Not later than the 20th day after the date on which a person receives notice under Section 14.254, the person may:
(1)  accept in writing the determination and recommended penalty of the commissioner;  or
(2)  make a written request for a hearing on the occurrence of the violation, the amount of the penalty, or both.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter F. Administrative Penalty; Restitution Order; Assurance of Voluntary Compliance › Section 14.256. Acceptance of Penalty; Default

Sec. 14.256.  ACCEPTANCE OF PENALTY; DEFAULT. If a person accepts the determination and recommended penalty of the commissioner or fails to make a timely written request for a hearing, the commissioner by order shall approve the determination and impose the recommended penalty.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 12, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter F. Administrative Penalty; Restitution Order; Assurance of Voluntary Compliance › Section 14.257. Hearing on Penalty; Order

Sec. 14.257.  HEARING ON PENALTY;  ORDER.  (a)  If a person makes a timely written request for a hearing, the commissioner shall set a hearing and give notice of the hearing to the person by certified mail.
(b)  The hearing shall be held by a hearings officer who shall make findings of fact and conclusions of law and promptly issue a proposal for a decision about the occurrence of the violation and the amount of a proposed penalty.
(c)  According to the findings of fact, conclusions of law, and proposal for a decision, the commissioner by order may find:
(1)  that a violation has occurred and impose a penalty;  or
(2)  a violation has not occurred.
(d)  Notice of the commissioner's order, given to the person under Chapter 2001, Government Code, must include a statement of the person's right to judicial review of the order.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 13, eff. September 1, 2019.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter F. Administrative Penalty; Restitution Order; Assurance of Voluntary Compliance › Section 14.258. Stay of Penalty; Suit by Attorney General

Sec. 14.258.  STAY OF PENALTY; SUIT BY ATTORNEY GENERAL.  (a)  The enforcement of the penalty may be stayed during the time the order is under judicial review if the person pays the penalty to the clerk of the court or files a supersedeas bond with the court in the amount of the penalty.  A person who cannot afford to pay the penalty or file the bond may stay the enforcement by filing an affidavit in the manner required by the Texas Rules of Civil Procedure for a party who cannot afford to file security for costs, subject to the right of the commissioner to contest the affidavit as provided by those rules.
(b)  The attorney general may sue to collect the penalty.
(c)  A court that sustains the occurrence of a violation may uphold or reduce the amount of the administrative penalty and order the person to pay that amount.
(d)  A court that does not sustain the occurrence of a violation shall order that no penalty is owed.
(e)  If a person has paid a penalty and a court in a final judgment reduces or does not uphold the amount, the court shall order that the appropriate amount plus accrued interest be remitted to the person.  The interest rate is the rate authorized by Chapter 304, and interest shall be paid for the period beginning on the date the penalty was paid and ending on the date the penalty is remitted.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 4.04, eff. September 1, 2005.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter F. Administrative Penalty; Restitution Order; Assurance of Voluntary Compliance › Section 14.259. Recovery of Costs

Sec. 14.259.  RECOVERY OF COSTS.  In addition to the administrative penalty or restitution amount, the court may authorize the commissioner to recover from a person who pays an administrative penalty or restitution amount, or both, reasonable expenses incurred in obtaining the ordered amount, including the cost of investigation, witness fees, and deposition expenses.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter F. Administrative Penalty; Restitution Order; Assurance of Voluntary Compliance › Section 14.260. Administrative Procedure Act

Sec. 14.260.  ADMINISTRATIVE PROCEDURE ACT.  A proceeding under this subchapter is subject to Chapter 2001, Government Code.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter F. Administrative Penalty; Restitution Order; Assurance of Voluntary Compliance › Section 14.261. Acceptance of Assurance

Sec. 14.261.  ACCEPTANCE OF ASSURANCE.
(a)  In administering this chapter, the commissioner may accept assurance of voluntary compliance from a person who is engaging in or has engaged in an act or practice in violation of:
(1)  this chapter or a rule adopted under this chapter;
(2)  Chapter 393, if the person is a credit access business, or Chapter 394; or
(3)  Subtitle B, Title 4, or a rule adopted under Subtitle B, Title 4.
(b)  The assurance must be in writing and be filed with the commissioner.
(c)  The commissioner may condition acceptance of an assurance of voluntary compliance on the stipulation that the person offering the assurance restore to a person in interest money that may have been acquired by the act or practice described by Subsection (a).
(d)  The finance commission may adopt rules to establish the form of the assurance or require certain information be contained in an assurance.
Added by Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 4.05, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1302 (H.B. 2594), Sec. 8, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 63 (H.B. 2548), Sec. 6, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 196 (S.B. 560), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter F. Administrative Penalty; Restitution Order; Assurance of Voluntary Compliance › Section 14.262. Effect of Assurance

Sec. 14.262.  EFFECT OF ASSURANCE.  (a)  An assurance of voluntary compliance is not an admission of a violation of:
(1)  this chapter or a rule adopted under this chapter;
(2)  Chapter 393 with respect to a credit access business or Chapter 394; or
(3)  Subtitle B, Title 4, or a rule adopted under Subtitle B, Title 4.
(b)  Unless an assurance of voluntary compliance is rescinded by agreement or voided by a court for good cause, a subsequent failure to comply with the assurance is prima facie evidence of a violation of:
(1)  this chapter or a rule adopted under this chapter;
(2)  Chapter 393 with respect to a credit access business or Chapter 394; or
(3)  Subtitle B, Title 4, or a rule adopted under Subtitle B, Title 4.
Added by Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 4.05, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1302 (H.B. 2594), Sec. 9, eff. January 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 63 (H.B. 2548), Sec. 7, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 196 (S.B. 560), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter F. Administrative Penalty; Restitution Order; Assurance of Voluntary Compliance › Section 14.263. Reopening

Sec. 14.263.  REOPENING.  A matter closed by the filing of an assurance of voluntary compliance may be reopened at any time.
Added by Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 4.05, eff. September 1, 2005.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter F. Administrative Penalty; Restitution Order; Assurance of Voluntary Compliance › Section 14.264. Right to Bring Action Not Affected

Sec. 14.264.  RIGHT TO BRING ACTION NOT AFFECTED.  (a)  An assurance of voluntary compliance does not affect the right of an individual to bring an action, except as provided in Chapter 349 and except that the right of an individual in relation to money received according to a stipulation under Section 14.261(c) is governed by the terms of the assurance.
(b)  A person entering into an assurance of voluntary compliance may, not later than the 60th day after the date of filing of the assurance, correct the violation under Section 349.201.  Amounts paid as restitution and other acts taken in accordance with an assurance of voluntary compliance shall be considered for purposes of determining whether the obligor has made a correction under Subchapter C, Chapter 349.  With respect to corrections of violations or possible violations relating to matters addressed in the assurance of voluntary compliance, the date of filing of the assurance is considered to be the date of:
(1)  actual discovery of the violation or possible violation;
(2)  written notice; and
(3)  filing of the action alleging the violation.
Added by Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 4.05, eff. September 1, 2005.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter G. Judicial Review › Section 14.301. Appeal of Final Decision of Commissioner

Sec. 14.301.  APPEAL OF FINAL DECISION OF COMMISSIONER.  A party in interest aggrieved by a final decision of the commissioner is entitled to judicial review.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter G. Judicial Review › Section 14.302. Appeal of License Withholding or Revocation

Sec. 14.302.  APPEAL OF LICENSE WITHHOLDING OR REVOCATION.  An appeal of a decision of the commissioner refusing to grant a license to an applicant or revoking the license of a license holder shall be under the substantial evidence rule as provided by Chapter 2001, Government Code.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1235, Sec. 8, eff. Sept. 1, 2001.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 14 - Consumer Credit Commissioner › Subchapter G. Judicial Review › Section 14.303. Stay of Order Pending Appeal

Sec. 14.303.  STAY OF ORDER PENDING APPEAL.  On a showing of good cause, the commissioner or the reviewing court may enter an order staying the effect of a final decision of the commissioner pending appeal by a party in interest.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter A. General Provisions › Section 15.001. Definitions

Sec. 15.001.  DEFINITIONS.  (a)  In this chapter, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  The definitions provided by Section 121.002 apply to this chapter.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.05(a), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 695 (H.B. 2735), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter B. Department › Section 15.101. Composition of Department

Sec. 15.101.  COMPOSITION OF DEPARTMENT.  The department is composed of:
(1)  the commission;
(2)  the commissioner;  and
(3)  other department officers and employees.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter B. Department › Section 15.102. Regulation of Credit Unions

Sec. 15.102.  REGULATION OF CREDIT UNIONS.  The department shall supervise and regulate credit unions as provided by this chapter and Subtitle D, Title 3.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter B. Department › Section 15.103. Study of Statutes

Sec. 15.103.  STUDY OF STATUTES.  The department periodically shall comprehensively study the statutes of this state as they pertain to credit union operations.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter B. Department › Section 15.104. Notification and Guidance on Adoption of Certain Federal Laws or Regulations

Sec. 15.104.  NOTIFICATION AND GUIDANCE ON ADOPTION OF CERTAIN FEDERAL LAWS OR REGULATIONS.  The department shall promptly notify and issue guidance to all credit unions chartered in this state on the adoption of a federal law or regulation that:
(1)  affects a power or authority conferred to credit unions under Section 123.003(a);
(2)  takes effect immediately; and
(3)  conflicts with state law.
Added by Acts 2021, 87th Leg., R.S., Ch. 300 (S.B. 707), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter C. Composition of Commission › Section 15.201. Appointment; Terms

Sec. 15.201.  APPOINTMENT;  TERMS.  (a)  The commission is composed of nine members appointed by the governor with the advice and consent of the senate.
(b)  Commission members serve staggered terms of six years, with the terms of one-third of the members expiring February 15 of each odd-numbered year.
(c)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.06(a), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 695 (H.B. 2735), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter C. Composition of Commission › Section 15.202. General Qualifications of Commission Members

Sec. 15.202.  GENERAL QUALIFICATIONS OF COMMISSION MEMBERS.  (a)  No two commission members may be residents of the same state senatorial district.
(b)  A person may not be a member of the commission if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the financial institutions field; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the financial institutions field.
(c)  A person may not be a member of the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.05(b), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 695 (H.B. 2735), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter C. Composition of Commission › Section 15.203. Qualifications of Industry Commission Members

Sec. 15.203.  QUALIFICATIONS OF INDUSTRY COMMISSION MEMBERS.  (a)  Four commission members must be individuals who:
(1)  have five years or more of active experience as a director, officer, or committee member of a credit union that:
(A)  is organized and doing business in this state under Subtitle D, Title 3, or the Federal Credit Union Act (12 U.S.C. Section 1751 et seq.);  and
(B)  has its principal office in this state;  and
(2)  are engaged in exercising the powers and duties of a director, officer, or committee member of such a credit union.
(b)  Experience as a commissioner, deputy commissioner, or examiner is equivalent to the experience required by Subsection (a).
(c)  Not more than one individual from a federal credit union may serve on the commission at any time.
(d)  An individual who ceases to be engaged in exercising the powers and duties prescribed by this section for a period exceeding 90 days becomes ineligible to serve as a commission member, and the individual's position on the commission becomes vacant.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.05(c), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter C. Composition of Commission › Section 15.204. Qualifications of Public Commission Members

Sec. 15.204.  QUALIFICATIONS OF PUBLIC COMMISSION MEMBERS.  (a)  Five commission members must be representatives of the public.  A person is not eligible for appointment as a public member of the commission if the person or the person's spouse:
(1)  is employed by or participates in managing or directing:
(A)  a financial institution;  or
(B)  an organization, other than a financial institution, regulated by or receiving money from a financial institution regulatory agency;
(2)  has, other than as a member or customer, a financial interest in:
(A)  a financial institution;  or
(B)  an organization, other than a financial institution, regulated by or receiving money from a financial institution regulatory agency;  or
(3)  uses or receives a substantial amount of tangible goods, services, or money from the department, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.
(b)  The governor shall appoint public commission members on the basis of recognized business ability.
(c)  In this section, "financial institution" includes an institution such as a credit union, bank, savings bank, or savings and loan association.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.05(d), eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 87, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter C. Composition of Commission › Section 15.2041. Training Program

Sec. 15.2041.  TRAINING PROGRAM.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing department operations;
(2)  the programs, functions, rules, and budget of the department;
(3)  the scope of and limitations on the rulemaking authority of the commission;
(4)  the results of the most recent formal audit of the department;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of a state policy-making body in performing their duties; and
(6)  any applicable ethics policies adopted by the department or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement under Section 15.207, as if the person were a member of the commission, for travel expenses incurred in attending the training program, regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The commissioner shall create a training manual that includes the information required by Subsection (b). The commissioner shall distribute a copy of the training manual annually to each commission member.  Each commission member shall sign and submit to the commissioner a statement acknowledging that the commission member received and has reviewed the training manual.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.07(a), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 695 (H.B. 2735), Sec. 4, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1317 (H.B. 2774), Sec. 28(e), eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 300 (S.B. 707), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter C. Composition of Commission › Section 15.205. Vacancies

Sec. 15.205.  VACANCIES.  The office of a commission member becomes vacant:
(1)  on the death, resignation, or removal of the member;  or
(2)  if the member ceases to have the qualifications required for service as a member.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.08(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter C. Composition of Commission › Section 15.206. Removal

Sec. 15.206.  REMOVAL.  (a)  A ground for removal of a commission member by the governor exists if a member:
(1)  neglects the member's duty;
(2)  is incompetent;  or
(3)  commits fraudulent or criminal conduct.
(b)  It is a ground for removal from the commission that a member:
(1)  does not have at the time of taking office the qualifications required by Sections 15.202, 15.203, and 15.204;
(2)  does not maintain during service on the commission the applicable qualifications required by Sections 15.202, 15.203, and 15.204;
(3)  is ineligible for membership under Section 15.202, 15.203, or 15.204;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the commission.
(c)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
(d)  If the commissioner has knowledge that a potential ground for removal exists, the commissioner shall notify the presiding officer of the commission of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the commissioner shall notify the next highest ranking officer of the commission, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.08(b), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 695 (H.B. 2735), Sec. 5, eff. September 1, 2009.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter C. Composition of Commission › Section 15.207. Expenses and Compensation of Commission Members

Sec. 15.207.  EXPENSES AND COMPENSATION OF COMMISSION MEMBERS.  (a)  A commission member may not receive compensation or a benefit because of the member's service on the commission except as provided by Subsection (b).
(b)  For each day that a commission member engages in the business of the commission, the member is entitled to:
(1)  per diem, including compensatory per diem;
(2)  actual expenses for meals and lodging;  and
(3)  transportation expenses.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 1317, Sec. 28(i), eff. September 1, 2009.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1317 (H.B. 2774), Sec. 28(i), eff. September 1, 2009.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter C. Composition of Commission › Section 15.208. Matter in Which Commission Member Has Personal Interest

Sec. 15.208.  MATTER IN WHICH COMMISSION MEMBER HAS PERSONAL INTEREST.  (a)  A commission member may not act on a matter under the commission's consideration that directly affects a credit union of which the member is an officer, director, or member.
(b)  The commission shall adopt rules relating to recusal of members, requiring that a member who has a personal or private interest in a measure, proposal, or decision pending before the commission shall publicly disclose the fact to the commission at a meeting held in compliance with Chapter 551, Government Code.  The member may not vote or otherwise participate in the decision.  The disclosure shall be entered into the minutes of the meeting.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.09(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter C. Composition of Commission › Section 15.209. Meetings

Sec. 15.209.  MEETINGS.  (a)  The commission shall hold at least two regular meetings each year.
(b)  The chairman, the commissioner, or five commission members may call a special meeting of the commission.
(c)  The commission shall adopt reasonable rules governing a meeting, including rules relating to the:
(1)  time and place of a meeting;
(2)  conduct of a meeting;  and
(3)  form of the minutes.
(d)  The commission is subject to the:
(1)  open meetings law, Chapter 551, Government Code;  and
(2)  administrative procedure law, Chapter 2001, Government Code.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.09(b), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter C. Composition of Commission › Section 15.210. Presiding Officer

Sec. 15.210.  PRESIDING OFFICER.  The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.09(c), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 695 (H.B. 2735), Sec. 6, eff. September 1, 2009.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter C. Composition of Commission › Section 15.211. Suit for Official Act or Omission

Sec. 15.211.  SUIT FOR OFFICIAL ACT OR OMISSION.  (a)  The attorney general shall defend an action brought against a commission member or an officer or employee of the commission because of the person's official act or omission regardless of whether the individual is a member, officer, or employee of the commission at the time the action is initiated.
(b)  A suit against the commission or its officers or employees may be brought only in Travis County.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter C. Composition of Commission › Section 15.212. Sunset Provision

Sec. 15.212.  SUNSET PROVISION.  The Credit Union Department and the Credit Union Commission are subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the department and commission are abolished September 1, 2035.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.04(b), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 695 (H.B. 2735), Sec. 7, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 300 (S.B. 707), Sec. 3, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 3.05, eff. June 18, 2023.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter D. Commissioner and Other Employees of Commission › Section 15.301. Commissioner

Sec. 15.301.  COMMISSIONER.  (a)  The commission shall appoint a commissioner by affirmative vote of two-thirds of the membership of the commission.
(b)  The commissioner serves at the will of the commission.
(c)  The commissioner is an employee of the commission and is subject to the commission's orders and directions.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter D. Commissioner and Other Employees of Commission › Section 15.302. Qualifications of Commissioner

Sec. 15.302.  QUALIFICATIONS OF COMMISSIONER.  (a)  The commissioner must have at least five years' practical experience in the operation of credit unions during the 10 years preceding the commissioner's appointment.
(b)  The experience required by this section may consist of experience:
(1)  in exercising the powers and duties of a director, officer, or committee member of a credit union;  or
(2)  in the employment of a credit union regulatory agency.
(c)  A person may not be appointed commissioner if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the financial institutions field; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the financial institutions field.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 695 (H.B. 2735), Sec. 8, eff. September 1, 2009.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter D. Commissioner and Other Employees of Commission › Section 15.303. Deputy Commissioner

Sec. 15.303.  DEPUTY COMMISSIONER.  (a)  Subject to the commission's approval, the commissioner may appoint a deputy commissioner, who must have the qualifications required of the commissioner.
(b)  The deputy commissioner serves at the will of the commissioner and, at the commissioner's direction, may exercise the powers and prerogatives of the commissioner.
(c)  The deputy commissioner is an employee of the commission and is subject to the commission's orders and directions.
(d)  During the commissioner's absence or inability to act, the deputy commissioner shall perform the commissioner's duties.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter D. Commissioner and Other Employees of Commission › Section 15.304. Examiners

Sec. 15.304.  EXAMINERS.  (a)  The commissioner shall appoint a sufficient number of credit union examiners to perform fully the duties imposed by the laws of this state.
(b)  Appointment of an examiner is subject to recruitment specifications and qualifications approved by the commission.
(c)  An examiner is an employee of the commission and is subject to the commission's orders and directions.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter D. Commissioner and Other Employees of Commission › Section 15.305. General Counsel

Sec. 15.305.  GENERAL COUNSEL.  A person may not act as the general counsel to the commission or the department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.05(e), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 695 (H.B. 2735), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter D. Commissioner and Other Employees of Commission › Section 15.306. Oath

Sec. 15.306.  OATH.  Before assuming the duties of office, the commissioner, the deputy commissioner, each examiner, and each other officer or employee of the commission must take an oath of office approved by the commission.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 285, Sec. 8, eff. Sept. 1, 2003.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter D. Commissioner and Other Employees of Commission › Section 15.307. Officers of Commission and Department

Sec. 15.307.  OFFICERS OF COMMISSION AND DEPARTMENT.  Each officer of the commission and department, except a commission member, is an employee of the commission and is subject to the commission's orders and directions.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter D. Commissioner and Other Employees of Commission › Section 15.309. Intra-Agency Career Ladder

Sec. 15.309.  INTRA-AGENCY CAREER LADDER.  (a)  The commissioner or a person designated by the commissioner shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for employees within the department.
(b)  The program must require intra-agency posting of all non-entry-level positions concurrently with public posting.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.12(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter D. Commissioner and Other Employees of Commission › Section 15.310. Performance Evaluation

Sec. 15.310.  PERFORMANCE EVALUATION.  (a)  The commissioner or a person designated by the commissioner shall develop a system of annual performance evaluations that are based on documented employee performance.
(b)  Merit pay for department employees must be based on the system established under this section.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.12(b), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter D. Commissioner and Other Employees of Commission › Section 15.311. Qualifications of Employees

Sec. 15.311.  QUALIFICATIONS OF EMPLOYEES.  A person may not be a department employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the financial institutions field; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the financial institutions field.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.05(f), eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 695 (H.B. 2735), Sec. 10, eff. September 1, 2009.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter D. Commissioner and Other Employees of Commission › Section 15.312. Information Provided to Members and Employees

Sec. 15.312.  INFORMATION PROVIDED TO MEMBERS AND EMPLOYEES.  The commissioner or the commissioner's designee shall provide to members of the commission and to department employees, as often as necessary, information regarding their qualification for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.11(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter D. Commissioner and Other Employees of Commission › Section 15.313. Equal Employment Opportunity Policy

Sec. 15.313.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  The commissioner or a person designated by the commissioner shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that comply with requirements of Chapter 21, Labor Code;
(2)  a comprehensive analysis of the department workforce that meets federal and state law, including rules and regulations, and instructions adopted directly from that law;
(3)  procedures by which a determination can be made about the extent of underuse in the department workforce of all persons for whom federal or state laws, including rules and regulations, and instructions adopted directly from that law, encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of underuse.
(b)  A policy statement prepared under Subsection (a) must:
(1)  cover an annual period;
(2)  be updated annually and reviewed by the Commission on Human Rights for compliance with Subsection (a)(1);  and
(3)  be filed with the governor's office.
(c)  The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as a part of other biennial reports made to the legislature.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.13(a), eff. Sept. 1, 1999.
2023 Texas Statutes › Finance Code › Title 2 - Financial Regulatory Agencies › Chapter 15 - Credit Union Commission and Department › Subchapter E. Powers and Duties of Commission and Commissioner › Section 15.401. Supervision of Commissioner

Sec. 15.401.  SUPERVISION OF COMMISSIONER.  The commission shall supervise, consult with, and advise the commissioner.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.