The banking commissioner may issue emergency cease-and-desist, removal, or prohibition orders immediately if urgent action is needed to prevent immediate and irreparable harm, and must give notice and follow hearing deadlines.
Sec. 185.005. EMERGENCY ORDER. (a) If the banking commissioner believes that immediate action is needed to prevent immediate and irreparable harm to the state trust company and its clients, creditors, and shareholders or participants, 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 state trust company and any person against whom the emergency order is directed of: (1) the specific conduct requiring the order; (2) the citation of each statute or rule 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 order is directed requests a hearing in writing before the 11th day after the date the order is served on the person, the 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 the hearing 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 order is immediately final for purposes of enforcement and appeal. The order may be appealed as provided by Sections 181.202 and 181.204. (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. Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 183 (S.B. 1165), Sec. 10, eff. May 28, 2011. Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 26, eff. September 1, 2019.