Sec. 35.107. AUTHORITY OF CONSERVATOR. (a) A conservator appointed under this subchapter shall immediately take charge of the bank and all of its property, books, records, and affairs on behalf and at the direction and control of the banking commissioner.
(b) Subject to any limitation in the order of appointment or other direction of the banking commissioner, the conservator has all the powers of the directors, officers, and shareholders of the bank and shall conduct the business of the bank and take all steps the conservator considers appropriate to remove the conditions causing the conservatorship. During the conservatorship, the board may not direct or participate in the affairs of the bank.
(c) Except as otherwise provided by this subchapter, by rules adopted under this subtitle, or by Section 12.106, the conservator has the rights and privileges and is subject to the duties, restrictions, penalties, conditions, and limitations of the directors, officers, and employees of state banks.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 48, eff. September 1, 2007.
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