On receipt of notice under Section 1101.606 (Claim for Payment From Trust Account), the commission may agree to pay all or part of the claim without a hearing. If the commission and the aggrieved person do not reach a settlement or the commission does not agree that the claim meets one or more of the requirements of this subchapter, the commission may notify the attorney general of the commission’s desire to schedule a hearing, enter an appearance, file a response, appear at the hearing, defend the action, or take any other action the commission considers appropriate.
The commission and the attorney general may act under Subsection (a) only to:
protect the trust account from spurious or unjust claims; or
ensure compliance with the requirements for recovery under this subchapter.
The commission may relitigate in the hearing any material and relevant issue that was determined in the action that resulted in the judgment, including an agreed judgment, in favor of the aggrieved person.Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by:Acts 2015, 84th Leg., R.S., Ch. 1158 (S.B. 699), Sec. 65, eff. January 1, 2016.