Tex. Fin. Code Section 185.104
Post-hearing Order

(a)

If after the hearing the banking commissioner finds that the state trust company has been rehabilitated, that its hazardous condition has been remedied, that irreparable harm is no longer threatened, or that the state trust company should otherwise be released from the order, the banking commissioner shall release the state trust company from the order, subject to conditions the banking commissioner from the evidence believes are warranted to preserve the safety and soundness of the state trust company.

(b)

If after the hearing the banking commissioner finds that the state trust company 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 pursuant to Section 185.101 (Order of Supervision);

(2)

appoint or reappoint a conservator pursuant to Section 185.102 (Order of Conservatorship); 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 181.202 (Appeal of Banking Commissioner Decision or Order) and 181.204 (Appeal to District Court).
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 20 (S.B. 614), Sec. 27, eff. September 1, 2019.

Source: Section 185.104 — Post-hearing Order, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­185.­htm#185.­104 (accessed May 18, 2024).

185.0001
Applicability to State Trust Company Subsidiaries 185.001
Determination Letter 185.002
Cease and Desist Order 185.003
Removal or Prohibition Order 185.004
Hearing on Proposed Order 185.005
Emergency Order 185.006
Copy of Letter or Order in State Trust Company Records 185.007
Effect of Final Removal or Prohibition Order 185.008
Limitation on Action 185.009
Enforcement by Commissioner 185.010
Administrative Penalty 185.011
Payment or Appeal of Administrative Penalty 185.012
Confidentiality of Records 185.013
Collection of Fees 185.0035
Removal or Prohibition Orders in Response to Certain Criminal Offenses 185.0071
Application for Release from Final Removal or Prohibition Order 185.101
Order of Supervision 185.102
Order of Conservatorship 185.103
Hearing 185.104
Post-hearing Order 185.105
Confidentiality of Records 185.106
Duties of State Trust Company Under Supervision 185.107
Powers and Duties of Conservator 185.108
Qualifications of Appointee 185.109
Expenses 185.110
Review of Supervisor or Conservator Decisions 185.111
Suit Filed Against or on Behalf of State Trust Company Under Supervision or Conservatorship 185.112
Duration 185.113
Administrative Election of Remedies 185.114
Release Before Hearing 185.201
Investigation of Unauthorized Trust Activity 185.202
Subpoena Authority 185.203
Enforcement of Subpoena 185.204
Confidentiality of Subpoenaed Records 185.205
Evidence 185.206
Cease and Desist Order Regarding Unauthorized Trust Activity 185.207
Emergency Cease and Desist Order 185.208
Appeal of Cease and Desist Order 185.209
Violation of Final Cease and Desist Order 185.210
Administrative Penalty 185.211
Payment and Appeal of Administrative Penalty 185.212
Judicial Review of Administrative Penalty 185.1001
Applicability to State Trust Company Subsidiaries
Green check means up to date. Up to date

Accessed:
May 18, 2024

§ 185.104’s source at texas​.gov