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AN ACT
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relating to the issuance and enforcement of a subpoena during the |
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course of an investigation of a residential mortgage loan servicer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 158, Finance Code, is |
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amended by adding Section 158.1045 to read as follows: |
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Sec. 158.1045. ISSUANCE AND ENFORCEMENT OF SUBPOENA. (a) |
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During an investigation, the commissioner may issue a subpoena that |
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is addressed to a peace officer of this state or other person |
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authorized by law to serve citation or perfect service. The |
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subpoena may require a person to give a deposition, produce |
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documents, or both. |
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(b) If a person disobeys a subpoena or if a person appearing |
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in a deposition in connection with the investigation refuses to |
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testify, the commissioner may petition a district court in Travis |
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County to issue an order requiring the person to obey the subpoena, |
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testify, or produce documents relating to the matter. The court |
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shall promptly set an application to enforce a subpoena issued |
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under Subsection (a) for hearing and shall cause notice of the |
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application and the hearing to be served on the person to whom the |
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subpoena is directed. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2823 was passed by the House on April |
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20, 2017, by the following vote: Yeas 141, Nays 3, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2823 was passed by the Senate on May |
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12, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |