Sec. 35.104. POST-HEARING ORDER. (a) If after the hearing the banking commissioner finds that the bank has been rehabilitated, that its hazardous condition has been remedied, that irreparable harm is no longer threatened, or that the bank should otherwise be released from the order, the banking commissioner shall release the bank from the order, subject to conditions the banking commissioner from the evidence believes are warranted to preserve the safety and soundness of the bank.
(b) If after the hearing the banking commissioner finds that the bank 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 under Section 35.101;
(2) appoint or reappoint a conservator under Section 35.102; 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 31.202 and 31.204.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 17, eff. September 1, 2019.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Chapter 35 - Enforcement Actions
Subchapter B. Supervision and Conservatorship
Section 35.1001. Applicability to Bank Subsidiaries
Section 35.101. Order of Supervision
Section 35.102. Order of Conservatorship
Section 35.103. Notice and Hearing
Section 35.104. Post-Hearing Order
Section 35.105. Confidentiality of Records
Section 35.106. Authority of Supervisor
Section 35.107. Authority of Conservator
Section 35.108. Qualifications of Appointee
Section 35.110. Review of Supervisor or Conservator Decision