Texas Finance Code 126.101 – Conservatorship Order; Appointment of Conservator
(a) The commissioner may immediately issue a conservatorship order and appoint a conservator to manage a credit union’s affairs if:
(1) the commissioner, in performing the duties under this subtitle, finds that:
(A) the credit union is insolvent or in imminent danger of insolvency; or
(B) the credit union or an employee, officer, or director of a credit union, including an honorary or advisory director has:
(i) violated this subtitle, a rule adopted under this subtitle, or another law that applies to credit unions;
(ii) violated or neglected a final order of the commissioner or commission;
(iii) refused to submit to examination under oath;
(iv) refused to permit the commissioner or the commissioner’s representative to examine the credit union’s records and affairs, including books, papers, and accounts;
(v) conducted the credit union’s business in an unsafe, unauthorized, or unlawful manner; or
(vi) failed or refused to authorize and direct another person to permit the commissioner or the commissioner’s representative to examine the credit union’s records in the other person’s custody or control, including books, papers, and accounts, following the commissioner’s request for the granting of that authority and direction; and
(2) the commissioner determines that the finding under Subdivision (1) is sufficiently severe to require immediate affirmative action to prevent further dissipation of the credit union’s assets.
(b) The order must clearly state the grounds for conservatorship.
Terms Used In Texas Finance Code 126.101
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(c) The board may:
(1) agree in writing to a conservatorship order; and
(2) waive its right to appeal the order under Section 126.105.