Tex. Fin. Code Section 35.009
Enforcement by Commissioner

(a)

If the banking commissioner reasonably believes that a bank or other person has violated any of the following, the banking commissioner may take any action authorized under Subsection (a-1):

(1)

this subtitle or rules enacted under this subtitle and, as a result of that violation, exposed or could have exposed the bank or the bank’s depositors, creditors, or shareholders to harm;

(2)

other applicable law of this state and, as a result of that violation, exposed or could have exposed the bank or the bank’s depositors, creditors, or shareholders to harm; or

(3)

a final order issued by the banking commissioner.

(a-1)

The banking commissioner may:

(1)

initiate an administrative penalty proceeding against the bank or other person, in accordance with Sections 35.010 (Administrative Penalty) and 35.011 (Payment or Appeal of Administrative Penalty);

(2)

refer the matter to the attorney general for enforcement by injunction or other available remedy; or

(3)

pursue any other action the banking commissioner considers appropriate under applicable law.

(b)

If the attorney general prevails in an action brought under Subsection (a-1)(2), the attorney general is entitled to recover reasonable attorney’s fees from the bank or person committing the violation.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 183 (S.B. 1165), Sec. 5, eff. May 28, 2011.

Source: Section 35.009 — Enforcement by Commissioner, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­35.­htm#35.­009 (accessed May 18, 2024).

35.0001
Applicability to Bank Subsidiaries 35.001
Determination Letter 35.002
Cease and Desist Order 35.003
Removal or Prohibition Order 35.004
Hearing on Proposed Order 35.005
Emergency Order 35.006
Copy of Letter or Order in Bank Records 35.007
Effect of Final Removal or Prohibition Order 35.008
Limitation on Action 35.009
Enforcement by Commissioner 35.010
Administrative Penalty 35.011
Payment or Appeal of Administrative Penalty 35.012
Confidentiality of Records 35.013
Collection of Fees 35.0035
Removal or Prohibition Orders in Response to Certain Criminal Offenses 35.0071
Application for Release from Final Removal or Prohibition Order 35.101
Order of Supervision 35.102
Order of Conservatorship 35.103
Notice and Hearing 35.104
Post-hearing Order 35.105
Confidentiality of Records 35.106
Authority of Supervisor 35.107
Authority of Conservator 35.108
Qualifications of Appointee 35.109
Expenses 35.110
Review of Supervisor or Conservator Decision 35.111
Venue 35.112
Duration 35.113
Administrative Election of Remedies 35.114
Release Before Hearing 35.201
Inapplicability 35.202
Investigation of Unauthorized Activity 35.203
Subpoena Authority 35.204
Enforcement of Subpoena 35.205
Confidentiality of Subpoenaed Records 35.206
Evidence 35.207
Cease and Desist Order 35.208
Emergency Cease and Desist Order 35.209
Judicial Review of Cease and Desist Order 35.210
Violation of Final Cease and Desist Order 35.211
Administrative Penalty 35.212
Payment and Appeal of Administrative Penalty 35.213
Judicial Review of Administrative Penalty 35.1001
Applicability to Bank Subsidiaries
Green check means up to date. Up to date

Accessed:
May 18, 2024

§ 35.009’s source at texas​.gov