Tex. Gov't Code Section 4007.153
Equitable Relief and Restitution

(a)

On the commissioner’s request, the attorney general may, in addition to other remedies, seek:

(1)

equitable relief, including restitution, for a victim of a fraudulent practice; and

(2)

the disgorgement of any economic benefit gained by a defendant through an act or practice that violates this title or for which this title provides the commissioner and attorney general with a remedy.

(b)

The attorney general may seek the remedies described by Subsection (a) either in:

(1)

an action under Section 4007.152 (Injunctive Relief); or

(2)

a separate action brought in district court.

(c)

The court may:

(1)

grant any equitable relief the court considers appropriate; and

(2)

order the defendant to deliver to each victim of an act or practice that violates this title, or for which this title provides the commissioner or the attorney general with a remedy, the amount of money or the property the defendant obtained from the victim, including any bonus, fee, commission, option, proceeds, or profit from or loss avoided through the sale of the security or through the rendering of services as an investment adviser or investment adviser representative, or any other tangible benefit.
Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.

Source: Section 4007.153 — Equitable Relief and Restitution, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­4007.­htm#4007.­153 (accessed May 4, 2024).

4007.001
Enforcement by Commissioner, Attorney General, and District or County Attorney 4007.002
Means of Enforcement Not Exclusive 4007.051
Complaints Filed with Commissioner or Board 4007.052
Inspections 4007.053
Investigative Authority 4007.054
Service of Subpoena, Summons, or Other Process 4007.055
Enforcement of Subpoena 4007.056
Confidentiality of Investigative Information 4007.057
Compensation of Witnesses 4007.058
Imposition of Costs on Parties 4007.059
Assistance to Securities Regulators in Other Jurisdictions 4007.101
Cease and Desist Order: Offer or Sale of Securities 4007.102
Cease and Desist Order: Investment Adviser or Investment Adviser Representative 4007.103
Cease Publication Order 4007.104
Emergency Cease and Desist Order 4007.105
Denial, Suspension, or Revocation of Registration 4007.106
Assessment of Administrative Fine 4007.107
Hearings on Certain Matters 4007.108
Refund 4007.151
Receivership 4007.152
Injunctive Relief 4007.153
Equitable Relief and Restitution 4007.154
Civil Penalty 4007.155
Recovery of Costs 4007.201
Unauthorized Sale of Securities 4007.202
Unauthorized Rendering of Services as Investment Adviser or Investment Adviser Representative 4007.203
Fraudulent Conduct 4007.204
Materially False Statement in Document or Proceeding 4007.205
False Statement or Representation Concerning Registration 4007.206
Violation of Cease and Desist Order 4007.207
Noncompliant Offer or Offer Prohibited by Cease Publication Order 4007.208
Aggregation of Amounts 4007.209
Liability of Corporation
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Accessed:
May 4, 2024

§ 4007.153’s source at texas​.gov