| 1 | | - | By: Dean (Senate Sponsor - Buckingham) H.B. No. 2823 |
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| 2 | | - | (In the Senate - Received from the House April 24, 2017; |
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| 3 | | - | May 3, 2017, read first time and referred to Committee on Business & |
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| 4 | | - | Commerce; May 10, 2017, reported favorably by the following vote: |
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| 5 | | - | Yeas 7, Nays 0; May 10, 2017, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 2823 |
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| 10 | 4 | | AN ACT |
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| 11 | 5 | | relating to the issuance and enforcement of a subpoena during the |
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| 12 | 6 | | course of an investigation of a residential mortgage loan servicer. |
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| 13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 8 | | SECTION 1. Subchapter C, Chapter 158, Finance Code, is |
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| 15 | 9 | | amended by adding Section 158.1045 to read as follows: |
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| 16 | 10 | | Sec. 158.1045. ISSUANCE AND ENFORCEMENT OF SUBPOENA. (a) |
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| 17 | 11 | | During an investigation, the commissioner may issue a subpoena that |
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| 18 | 12 | | is addressed to a peace officer of this state or other person |
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| 19 | 13 | | authorized by law to serve citation or perfect service. The |
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| 20 | 14 | | subpoena may require a person to give a deposition, produce |
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| 21 | 15 | | documents, or both. |
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| 22 | 16 | | (b) If a person disobeys a subpoena or if a person appearing |
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| 23 | 17 | | in a deposition in connection with the investigation refuses to |
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| 24 | 18 | | testify, the commissioner may petition a district court in Travis |
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| 25 | 19 | | County to issue an order requiring the person to obey the subpoena, |
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| 26 | 20 | | testify, or produce documents relating to the matter. The court |
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| 27 | 21 | | shall promptly set an application to enforce a subpoena issued |
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| 28 | 22 | | under Subsection (a) for hearing and shall cause notice of the |
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| 29 | 23 | | application and the hearing to be served on the person to whom the |
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| 30 | 24 | | subpoena is directed. |
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| 31 | 25 | | SECTION 2. This Act takes effect immediately if it receives |
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| 32 | 26 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 27 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 28 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 29 | | Act takes effect September 1, 2017. |
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| 36 | | - | * * * * * |
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| 30 | + | ______________________________ ______________________________ |
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| 31 | + | President of the Senate Speaker of the House |
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| 32 | + | I certify that H.B. No. 2823 was passed by the House on April |
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| 33 | + | 20, 2017, by the following vote: Yeas 141, Nays 3, 2 present, not |
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| 34 | + | voting. |
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| 35 | + | ______________________________ |
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| 36 | + | Chief Clerk of the House |
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| 37 | + | I certify that H.B. No. 2823 was passed by the Senate on May |
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| 38 | + | 12, 2017, by the following vote: Yeas 31, Nays 0. |
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| 39 | + | ______________________________ |
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| 40 | + | Secretary of the Senate |
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| 41 | + | APPROVED: _____________________ |
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| 42 | + | Date |
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| 43 | + | _____________________ |
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| 44 | + | Governor |
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