Tex. Fin. Code Section 14.208
Injunction; Appeal


(a)

If the commissioner has reasonable cause to believe that a person is violating a statute to which this chapter applies, the commissioner, in addition to any other authorized action, may issue an order to cease and desist from the violation or an order to take affirmative action, or both, to enforce compliance.

(b)

If a person against whom an order under this section is made requests a hearing not later than the 30th day after the date the order is served, the commissioner shall set and give notice of a hearing before a hearings officer. Chapter 2001 (Administrative Procedure), Government Code, governs the hearing and the right to judicial review in district court. Based on the findings of fact, conclusions of law, and recommendations of the hearings officer, the commissioner by order may find whether a violation has occurred.

(c)

If a hearing is not timely requested under Subsection (b), the order is considered final and becomes enforceable. The commissioner, after giving notice, may impose against a person who violates a cease and desist order an administrative penalty in an amount not to exceed $1,000 for each day of violation. In addition to any other remedy provided by law, the commissioner on relation of the attorney general may institute in district court a suit for injunctive relief and to collect an administrative penalty. A bond is not required of the commissioner with respect to injunctive relief granted under this section. In the action, the court may enter as proper an order awarding a preliminary or final injunction.

(d)

Repealed by Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 95(1), eff. September 1, 2019.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 4.01, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 10, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 95(1), eff. September 1, 2019.

Source: Section 14.208 — Injunction; Appeal, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­14.­htm#14.­208 (accessed Mar. 23, 2024).

14.001
Definitions
14.051
Consumer Credit Commissioner
14.052
Division of Consumer Protection
14.054
Oath of Office
14.055
Liability
14.056
Conflict of Interest
14.057
Performance Evaluations
14.058
Equal Employment Opportunity
14.059
Intra-agency Career Ladder
14.061
Cost of Audit
14.062
Consumer Information and Complaints
14.063
Application of Open Meetings Law
14.064
Consumer Information
14.065
Office Employees
14.066
Sunset Provision
14.101
General Duties of Commissioner
14.102
Educational and Debt Counseling Programs
14.103
Consumer Protection Programs
14.104
Lender Contracts
14.105
Gifts and Grants
14.106
Information Regarding Employment Requirements
14.107
Fees
14.108
Interpretations of Law
14.109
Use of the Nationwide Mortgage Licensing System and Registry
14.110
Alternative Rulemaking and Dispute Resolution
14.111
Advisory Committees
14.112
Licensing and Registration Terms
14.113
Texas Financial Education Endowment
14.151
Obtaining Information
14.152
Fingerprint Requirement
14.153
Action by Law Enforcement Agencies
14.154
Confidentiality
14.155
Disclosure
14.156
Recovery of Costs
14.157
Rules
14.201
Investigation and Enforcement Authority
14.202
Request for Information
14.203
Issuance of Subpoena or Summons
14.204
Enforcement of Subpoena
14.205
Investigation by Hearing Officer
14.206
Fees and Expenses
14.207
Imposition of Costs on Parties
14.208
Injunction
14.209
Appointment of Receiver
14.251
Assessment of Penalty
14.252
Amount of Penalty
14.253
Report on Violation
14.254
Notice of Report on Violation and Penalty Recommendation
14.255
Response of Person Receiving Notice
14.256
Acceptance of Penalty
14.257
Hearing on Penalty
14.258
Stay of Penalty
14.259
Recovery of Costs
14.260
Administrative Procedure Act
14.261
Acceptance of Assurance
14.262
Effect of Assurance
14.263
Reopening
14.264
Right to Bring Action Not Affected
14.301
Appeal of Final Decision of Commissioner
14.302
Appeal of License Withholding or Revocation
14.303
Stay of Order Pending Appeal
14.1025
Financial Literacy Program Information
14.2015
Confidentiality of Certain Information
14.2016
Information Sharing with Departments and Agencies

Accessed:
Mar. 23, 2024

§ 14.208’s source at texas​.gov