Tex. Fin. Code Section 66.255
Hearing on Commissioner’s Order


(a)

Not later than the second day, excluding legal holidays, after the date on which the commissioner closes an association under Section 66.252 (Closing of Association by Commissioner’s Order), the association, by resolution of its board, may sue in a district court of Travis County to enjoin the commissioner from taking further action under this subchapter.

(b)

The court, without notice or hearing, may restrain the commissioner from taking further action until after a hearing on the suit is held. If the court restrains the commissioner, the court shall instruct the commissioner to hold the assets and affairs of the association in the commissioner’s possession until disposition of the suit. On receipt of this instruction, the commissioner shall refrain from taking further action, other than a necessary or proper action approved by the court to prevent loss or depreciation in the value of the assets.

(c)

The court as soon as possible shall hear the suit and shall enter a judgment enjoining or refusing to enjoin the commissioner from proceeding under this subchapter.

(d)

The commissioner, regardless of the judgment entered by the court or any supersedeas bond filed, shall retain possession of the association’s assets until final disposition of any appeal of the judgment.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Source: Section 66.255 — Hearing on Commissioner's Order, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­66.­htm#66.­255 (accessed May 11, 2024).

66.001
General Duties
66.002
Adoption of Rules
66.051
Examinations
66.052
Additional Examinations
66.053
Access to Books and Records
66.054
Subpoena
66.101
Intervention for Violations and Unsafe and Unsound Practices
66.102
Intervention for Filing Inappropriate Information
66.103
Intervention for Activity Resulting in Actual or Potential Loss
66.104
Intervention Relating to Examination of Affairs
66.105
Temporary Supervisory Order
66.106
Service of Temporary Supervisory Order
66.107
Hearing on Temporary Supervisory Order
66.108
Plan of Operation of Association After Order of Temporary Conservatorship
66.109
Enforcement of Supervisory Order
66.110
Stay of Supervisory Order
66.111
Disclosure of Information in Supervisory Order
66.151
Placement of Association Under Conservatorship
66.152
Duties of Conservator
66.153
Term of Conservator
66.154
Transfer of Management of Rehabilitated Association
66.155
Scope of Authority of Other Persons During Conservatorship
66.156
Cost of Conservatorship
66.157
Venue
66.201
Placement of Association Under Voluntary Supervisory Control
66.202
Powers of Supervisors
66.203
Cost of Supervisory Control
66.251
Closing of Association by Board Resolution
66.252
Closing of Association by Commissioner’s Order
66.253
Notice of Closing
66.254
Effect of Closing
66.255
Hearing on Commissioner’s Order
66.301
Liquidation of Association
66.302
Removal or Replacement of Liquidating Agent
66.303
Duties of Liquidating Agent
66.304
Notice
66.305
Presentation of Claim
66.306
Priority of Claims
66.307
Action on Claim
66.308
Hearing on Claim
66.309
Payment of Final Dividend
66.310
Deposit of Money by Liquidating Agent
66.311
Payment of Nonclaiming Depositors and Creditors
66.312
Cost of Liquidation
66.313
Final Report
66.314
Continued Existence of Association Following Liquidation
66.315
Special Liquidating Agent
66.316
Closing of Liquidation
66.317
Administrative Procedure
66.351
Placement of Certain Associations in Receivership
66.352
Duties of Receiver
66.353
Compensation of Receiver
66.354
Effect of Receivership on Commissioner and Liquidating Agent
66.355
Receipt of Items as Evidence in Receivership Proceeding
66.356
Title and Custody of Association’s Assets
66.401
Derivative Suit
66.402
Payment of Insured Deposit Liabilities by Fdic
66.403
Enforceability of Loan Promise or Agreement Made by Association Before Conservatorship or Supervisory Control

Accessed:
May 11, 2024

§ 66.255’s source at texas​.gov