Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
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 and 35.011;(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.Amended By Acts 2011, 82nd Leg., R.S., Ch. 183, Sec. 5, eff. 5/28/2011. Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. 9/1/1997.