By: Dean (Senate Sponsor - Buckingham) H.B. No. 2823
(In the Senate - Received from the House April 24, 2017;
May 3, 2017, read first time and referred to Committee on Business &
Commerce; May 10, 2017, reported favorably by the following vote:
Yeas 7, Nays 0; May 10, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the issuance and enforcement of a subpoena during the
course of an investigation of a residential mortgage loan servicer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 158, Finance Code, is
amended by adding Section 158.1045 to read as follows:
Sec. 158.1045. ISSUANCE AND ENFORCEMENT OF SUBPOENA. (a)
During an investigation, the commissioner may issue a subpoena that
is addressed to a peace officer of this state or other person
authorized by law to serve citation or perfect service. The
subpoena may require a person to give a deposition, produce
documents, or both.
(b) If a person disobeys a subpoena or if a person appearing
in a deposition in connection with the investigation refuses to
testify, the commissioner may petition a district court in Travis
County to issue an order requiring the person to obey the subpoena,
testify, or produce documents relating to the matter. The court
shall promptly set an application to enforce a subpoena issued
under Subsection (a) for hearing and shall cause notice of the
application and the hearing to be served on the person to whom the
subpoena is directed.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
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