The banking commissioner may issue emergency cease-and-desist, removal, or prohibition orders immediately after service if immediate action is needed to prevent irreparable harm.
Sec. 35.005. EMERGENCY ORDER. (a) If the banking commissioner believes that immediate action is necessary to prevent immediate and irreparable harm to the bank and its depositors, creditors, and shareholders, the banking commissioner may issue one or more cease and desist, removal, or prohibition orders as emergency orders to become effective immediately on service without prior notice or hearing. Service must be by personal delivery or by registered or certified mail, return receipt requested. (b) In each emergency order the banking commissioner shall notify the bank and any person against whom the emergency order is directed of: (1) the specific conduct requiring the order; (2) the citation of each law alleged to have been violated; (3) the immediate and irreparable harm alleged to be threatened; (4) the duration of the order, including whether the duration of the order is perpetual; and (5) the right to a hearing. (c) Unless a person against whom the emergency order is directed requests a hearing in writing before the 11th day after the date it is served on the person, the emergency order is final and nonappealable as to that person. (d) A hearing requested under Subsection (c) must be: (1) given priority over all other matters pending before the banking commissioner; and (2) held not later than the 20th day after the date that it is requested unless the parties agree to a later hearing date. (e) After the hearing, the banking commissioner may affirm, modify, or set aside in whole or part the emergency order. An order affirming or modifying the emergency order is immediately final for purposes of enforcement and appeal. The order may be appealed as provided by Sections 31.202 and 31.204. (f) An emergency order continues in effect unless the order is stayed by the banking commissioner. The banking commissioner may impose any condition before granting a stay of the emergency order. 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. 43, eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 183 (S.B. 1165), Sec. 2, eff. May 28, 2011. Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 16, eff. September 1, 2019.