Sec. 122.260. ADMINISTRATIVE PENALTY; INJUNCTION. (a) If a credit union or other person designated in a final order under this subchapter does not comply with the order, the commissioner, after giving notice, may assess an administrative penalty against the credit union, the designated person, or both, in an amount of not less than $100 or more than $10,000 each for each day of the violation of the order.
(b) The credit union may not reimburse or indemnify a person for any part of the administrative penalty.
(c) The commissioner may bring suit for injunction or to collect the administrative penalty in a district court of Travis County. In the suit, a certificate by the commissioner showing a failure to pay an administrative penalty is prima facie evidence of:
(1) the imposition of the penalty or the delinquency of the stated penalty amount; and
(2) compliance by the department with the law relating to the computation and imposition of the penalty.
(d) The attorney general is entitled to recover reasonable attorney's fees from the credit union or the designated person, or both, if the attorney general prevails in a judicial action necessary for collection of the administrative penalty.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 533, Sec. 31, eff. Sept. 1, 2003.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Chapter 122 - Organizational and Financial Requirements
Subchapter F. Misconduct and Enforcement
Section 122.252. Consideration for Loan, Investment, or Purchase
Section 122.253. Loan to Nonmember
Section 122.254. False Statements or Documents; Destruction of Records
Section 122.255. Determination of Misconduct
Section 122.256. Determination Letter; Board Meeting
Section 122.257. Cease and Desist Order for Credit Unions
Section 122.2575. Cease and Desist Order for Other Persons
Section 122.258. Removal Order
Section 122.259. Hearing on Appeal of Proposed Order