Tex. Fin. Code Section 35.202
Investigation of Unauthorized Activity

(a)

If the banking commissioner has reason to believe that a person has engaged, is engaging, or is likely to engage in an unauthorized activity, the banking commissioner may:

(1)

investigate as necessary within or outside this state to:

(A)

determine whether the unauthorized activity has occurred or is likely to occur; or

(B)

aid in the enforcement of the laws administered by the banking commissioner;

(2)

initiate appropriate disciplinary action as provided by this subchapter; and

(3)

report unauthorized activity to a law enforcement agency or another regulatory agency with appropriate jurisdiction.

(b)

The banking commissioner may:

(1)

on written request furnish to a law enforcement agency evidence the banking commissioner has compiled in connection with the unauthorized activity, including materials, documents, reports, and complaints; and

(2)

assist the law enforcement agency or other regulatory agency as requested.

(c)

A person acting without malice, fraudulent intent, or bad faith is not subject to liability, including liability for libel, slander, or another relevant tort, because the person files a report or furnishes, orally or in writing, information concerning a suspected, anticipated, or completed unauthorized activity to a law enforcement agency, the banking commissioner, another regulatory agency with appropriate jurisdiction, or an agent or employee of a law enforcement agency, the banking commissioner, or other regulatory agency. The person is entitled to attorney’s fees and court costs if the person prevails in an action for libel, slander, or another relevant tort based on the report or other information the person furnished as provided by this subchapter.

(d)

This section does not:

(1)

affect a common law or statutory privilege or immunity;

(2)

preempt the authority or relieve the duty of a law enforcement agency or other regulatory agency with appropriate jurisdiction to investigate and prosecute suspected criminal acts;

(3)

prohibit a person from voluntarily disclosing information to a law enforcement agency or other regulatory agency; or

(4)

limit a power or duty granted to the banking commissioner under this subtitle or other law.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Source: Section 35.202 — Investigation of Unauthorized Activity, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­35.­htm#35.­202 (accessed Jun. 5, 2024).

35.0001
Applicability to Bank Subsidiaries 35.001
Determination Letter 35.002
Cease and Desist Order 35.003
Removal or Prohibition Order 35.004
Hearing on Proposed Order 35.005
Emergency Order 35.006
Copy of Letter or Order in Bank Records 35.007
Effect of Final Removal or Prohibition Order 35.008
Limitation on Action 35.009
Enforcement by Commissioner 35.010
Administrative Penalty 35.011
Payment or Appeal of Administrative Penalty 35.012
Confidentiality of Records 35.013
Collection of Fees 35.0035
Removal or Prohibition Orders in Response to Certain Criminal Offenses 35.0071
Application for Release from Final Removal or Prohibition Order 35.101
Order of Supervision 35.102
Order of Conservatorship 35.103
Notice and Hearing 35.104
Post-hearing Order 35.105
Confidentiality of Records 35.106
Authority of Supervisor 35.107
Authority of Conservator 35.108
Qualifications of Appointee 35.109
Expenses 35.110
Review of Supervisor or Conservator Decision 35.111
Venue 35.112
Duration 35.113
Administrative Election of Remedies 35.114
Release Before Hearing 35.201
Inapplicability 35.202
Investigation of Unauthorized Activity 35.203
Subpoena Authority 35.204
Enforcement of Subpoena 35.205
Confidentiality of Subpoenaed Records 35.206
Evidence 35.207
Cease and Desist Order 35.208
Emergency Cease and Desist Order 35.209
Judicial Review of Cease and Desist Order 35.210
Violation of Final Cease and Desist Order 35.211
Administrative Penalty 35.212
Payment and Appeal of Administrative Penalty 35.213
Judicial Review of Administrative Penalty 35.1001
Applicability to Bank Subsidiaries
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 35.202’s source at texas​.gov