(a) On receipt of notice under § 1101.606, 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.
(b) The commission and the attorney general may act under Subsection (a) only to:
(1) protect the trust account from spurious or unjust claims; or
(2) ensure compliance with the requirements for recovery under this subchapter.

Terms Used In Texas Occupations Code 1101.608

  • 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
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC

(c) 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.

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