Tex. Fin. Code Section 96.105
Temporary Supervisory Order


(a)

If the commissioner has reasonable cause to believe that one or more grounds for intervention under Sections 96.101-96.104 exist or are imminent, the commissioner may issue without notice and hearing one or more of the following types of temporary supervisory orders to correct and eliminate the grounds for supervisory action:

(1)

an order to cease and desist from continuing a particular action, an order to take affirmative action, or both;

(2)

an order suspending or prohibiting a person who participates in the affairs of the savings bank from further participating in the affairs of the savings bank or another savings bank;

(3)

an order requiring divestiture of control of a savings bank obtained under Subchapter L (Inapplicability of Subchapter), Chapter 92 (Organizational and Financial Requirements);

(4)

an order requiring a person who participates in the affairs of the savings bank or another savings bank to forfeit and pay an administrative penalty in an amount of not more than $25,000; or

(5)

an order placing the affairs of the savings bank under the control of a conservator designated in the order, who may take possession and control of the books, records, assets, liabilities, and business of the savings bank and manage the savings bank under the direction of the commissioner.

(b)

An order under this section:

(1)

must contain a reasonably detailed statement of the facts on which the order is based; and

(2)

takes effect when issued.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Source: Section 96.105 — Temporary Supervisory Order, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­96.­htm#96.­105 (accessed Jun. 5, 2024).

96.001
General Duties
96.002
Adoption of Rules
96.051
Annual Audit
96.053
Reports
96.054
Examinations
96.055
Additional Examinations
96.056
Access to Books and Records
96.057
Subpoena
96.101
Intervention for Violations and Unsafe and Unsound Practices
96.102
Intervention for Filing Inappropriate Information
96.103
Intervention for Activity Resulting in Actual or Potential Financial Loss
96.104
Intervention Relating to Examination of Affairs
96.105
Temporary Supervisory Order
96.106
Service of Temporary Supervisory Order
96.107
Hearing on Temporary Supervisory Order
96.108
Plan of Operation of Savings Bank After Order of Temporary Conservatorship
96.109
Enforcement of Supervisory Order
96.110
Stay of Supervisory Order
96.111
Disclosure of Information in Supervisory Order
96.151
Placement of Savings Bank Under Conservatorship
96.152
Duties of Conservator
96.153
Term of Conservator
96.154
Transfer of Management of Rehabilitated Savings Bank
96.155
Scope of Authority of Other Persons During Conservatorship
96.156
Limiting Order During Conservatorship
96.157
Service of Limiting Order
96.158
Effect of Limiting Order
96.159
Hearing on Limiting Order
96.160
Stay of Limiting Order
96.161
Cost of Conservatorship
96.162
Venue
96.201
Placement of Savings Bank Under Voluntary Supervisory Control
96.202
Powers of Supervisors
96.203
Cost of Supervisory Control
96.251
Closing of Savings Bank by Board Resolution
96.252
Closing of Savings Bank by Commissioner’s Order
96.253
Effect of Closing
96.254
Hearing on Commissioner’s Order
96.301
Liquidation of Savings Bank
96.302
Removal or Replacement of Liquidating Agent
96.303
Duties of Liquidating Agent
96.304
Notice
96.305
Presentation of Claim
96.306
Priority of Claims
96.307
Action on Claim
96.308
Hearing on Claim
96.309
Payment of Final Dividend
96.310
Deposit of Money by Liquidating Agent
96.311
Payment of Nonclaiming Deposit Account Holders and Creditors
96.312
Cost of Liquidation
96.313
Final Report
96.314
Continued Existence of Savings Bank Following Liquidation
96.315
Special Liquidating Agent
96.316
Closing of Liquidation
96.317
Administrative Procedure
96.351
Disclosure by Department Prohibited
96.352
Disclosure to Other Agencies
96.353
Other Disclosure Prohibited
96.354
Civil Discovery
96.355
Investigative Information
96.356
Examination Report
96.357
Removal for Violation
96.401
Derivative Suit
96.402
Payment of Insured Deposit Liabilities by Fdic
96.403
Enforceability of Loan Promise or Agreement Made by Savings Bank Before Conservatorship or Supervisory Control
96.404
Interest in Savings Bank Prohibited for Department
96.405
Permitted Transactions for Department Relating to Savings Bank
96.0551
Regulation and Examination of Certain Related Entities

Accessed:
Jun. 5, 2024

§ 96.105’s source at texas​.gov