Texas Finance Code
§ 154.400 — INVESTIGATION AND SUBPOENA AUTHORITY
FI § 154.400Title 3. FINANCIAL INSTITUTIONS AND BUSINESSES · Part E. OTHER FINANCIAL BUSINESSES · Ch. 154. PREPAID FUNERAL SERVICES · Art. I. CRIMINAL PENALTIES AND CIVIL REMEDIES
Statute text
View on source(a)If the commissioner has a reasonable suspicion of a misallocation or defalcation of prepaid funeral funds or an unauthorized sale of prepaid funeral benefits, the commissioner may conduct investigations as the commissioner considers necessary or appropriate to determine whether:
(1)a misallocation or defalcation of prepaid funeral funds has occurred; or
(2)an unauthorized sale of prepaid funeral benefits has occurred.
(b)The commissioner may issue a subpoena to compel the attendance and testimony of a person under oath or the production of documents related to an investigation conducted under Subsection (a). The subpoena may require attendance and production at the department's offices in Austin, Texas, or at another place the commissioner designates.
(c)A subpoena issued under this section to a financial institution is not subject to Section 59.006.
(d)If a person refuses to obey a subpoena, a district court in Travis County or the county in which the subpoena was served, on application by the commissioner, may issue an order requiring the person to appear before the commissioner and produce documents or give evidence regarding the matter under investigation.
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Legislative history
Acts 2019, 86th Leg., R.S., Ch. 446 (S.B. 1822), Sec. 3, eff. September 1, 2019.