Sec. 185.104. POST-HEARING ORDER. (a) If after the hearing the banking commissioner finds that the state trust company has been rehabilitated, that its hazardous condition has been remedied, that irreparable harm is no longer threatened, or that the state trust company should otherwise be released from the order, the banking commissioner shall release the state trust company from the order, subject to conditions the banking commissioner from the evidence believes are warranted to preserve the safety and soundness of the state trust company.
(b) If after the hearing the banking commissioner finds that the state trust company has failed to comply with the lawful requirements of the banking commissioner, has not been rehabilitated, is insolvent, or otherwise continues in hazardous condition, the banking commissioner by order shall:
(1) appoint or reappoint a supervisor pursuant to Section 185.101;
(2) appoint or reappoint a conservator pursuant to Section 185.102; or
(3) take other appropriate action authorized by law.
(c) An order issued under Subsection (b) is immediately final for purposes of appeal. The order may be appealed as provided by Sections 181.202 and 181.204.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 27, eff. September 1, 2019.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Chapter 185 - Enforcement Actions
Subchapter B. Supervision and Conservatorship
Section 185.1001. Applicability to State Trust Company Subsidiaries
Section 185.101. Order of Supervision
Section 185.102. Order of Conservatorship
Section 185.104. Post-Hearing Order
Section 185.105. Confidentiality of Records
Section 185.106. Duties of State Trust Company Under Supervision
Section 185.107. Powers and Duties of Conservator
Section 185.108. Qualifications of Appointee
Section 185.110. Review of Supervisor or Conservator Decisions