{"data":{"id":"us-tx/tex.-finance-code-35.010","jurisdiction":"us-tx","citation":"Tex. Finance Code § 35.010","heading":"ADMINISTRATIVE PENALTY.","body":"(a) The banking commissioner may initiate a proceeding for an administrative penalty against a bank or other person by serving on the bank or other person, as applicable, notice of the time and place of a hearing on the penalty. The hearing may not be held earlier than the 20th day after the date the notice is served. The notice must:\n(1) be served by personal delivery or by registered or certified mail, return receipt requested;\n(2) contain a statement of the conduct alleged to constitute a violation; and\n(3) if the alleged violation is described by Section 35.009(a)(1) or (2), identify corrective action that the bank or other person must take to avoid or reduce the amount of a penalty that would otherwise be imposed under this section.\n(b) In determining the amount of any penalty to be imposed, the banking commissioner shall consider the following factors:\n(1) the financial resources of the bank or other person;\n(2) the good faith of the bank or other person, including any corrective action taken;\n(3) the gravity of the violation;\n(4) the history of previous violations;\n(5) an offset of the amount of the penalty by the amount of any penalty imposed by another state or federal agency for the same conduct; and\n(6) any other matter that justice may require.\n(c) If the banking commissioner determines after the hearing that the alleged conduct occurred and that the conduct constitutes a violation, the banking commissioner may impose an administrative penalty against a bank or other person, as applicable, in an amount:\n(1) if imposed against a bank, not more than $10,000 for each violation for each day the violation continues, except that the maximum administrative penalty that may be imposed is the lesser of $500,000 or one percent of the bank's assets; or\n(2) if imposed against a person other than a bank, not more than $5,000 for each violation for each day the violation continues, except that the maximum administrative penalty that may be imposed is $250,000.\nActs 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.\nAmended by:\nActs 2011, 82nd Leg., R.S., Ch. 183 (S.B. 1165), Sec. 6, eff. May 28, 2011.\nActs 2019, 86th Leg., R.S., Ch. 652 (S.B. 1823), Sec. 5, eff. September 1, 2019.","path":["FINANCE CODE","TITLE 3. FINANCIAL INSTITUTIONS AND BUSINESSES","SUBTITLE A. BANKS","CHAPTER 35. ENFORCEMENT ACTIONS","SUBCHAPTER A. ENFORCEMENT ORDERS: BANKS AND MANAGEMENT"],"source_url":"https://statutes.capitol.texas.gov/Docs/FI/htm/FI.35.htm#35.010","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:13Z","sha256":"0896aea53d4c661c7347530bc7c0f024220239f15b25eb8c7a2633f9499d24a1","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-finance-code-35.009","next":"us-tx/tex.-finance-code-35.011"},"notice":"GroundRules: Original legal text. Not legal advice."}