By:  Gutierrez                                        H.B. No. 1171
       73R2474 LJD-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to judicial appeal of an order of the banking commissioner
    1-3  denying the transfer of stock in a state bank.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section E, Article 1a, Chapter IV, The Texas
    1-6  Banking Code (Article 342-401a, Vernon's Texas Civil Statutes), is
    1-7  amended to read as follows:
    1-8        E.  If the Banking Commissioner issues an order denying an
    1-9  application, the applicant is entitled to a hearing if the
   1-10  applicant <he> requests one in writing no later than the thirtieth
   1-11  (30th) day after the day the application is filed or the fifteenth
   1-12  (15th) day after the day the application is denied, whichever date
   1-13  is later.  After hearing the matter, the Banking Commissioner
   1-14  shall, within thirty (30) days, enter a final order either
   1-15  affirming the <his> denial or withdrawing the <his> denial of the
   1-16  application.  An applicant may not appeal the Banking
   1-17  Commissioner's denial of an application or order affirming the
   1-18  <his> denial until a final order is entered.  Any applicant herein
   1-19  shall have the right to appeal such final order to the district
   1-20  court of Travis County, Texas, and not elsewhere, against the
   1-21  Banking Commissioner of Texas as defendant.  The <action shall not
   1-22  be limited to questions of law and the> substantial evidence rule
   1-23  shall <not> apply<, but such action shall be tried and determined
   1-24  upon a trial de novo to the same extent as now provided for in the
    2-1  case of an appeal from the justice court to the county court.
    2-2  Either party to said action may appeal to the appellate court
    2-3  having jurisdiction of said cause and said appeal shall be at once
    2-4  returnable to said appellate court having jurisdiction of said
    2-5  cause and said action so appealed shall have precedence in said
    2-6  appellate court over all causes of a different character therein
    2-7  pending>.  The Banking Commissioner shall not be required to give
    2-8  any appeal bond in any cause arising hereunder.  The filing of an
    2-9  appeal pursuant to this Article shall not stay the order of the
   2-10  Banking Commissioner adverse to the applicant.
   2-11        SECTION 2.  The change in law made by this Act applies to a
   2-12  suit appealing an order of the banking commissioner that is
   2-13  instituted on or after the effective date of this Act.  A suit
   2-14  appealing an order of the banking commissioner that was instituted
   2-15  before the effective date of this Act is governed by the law in
   2-16  effect when the suit was instituted, and the former law is
   2-17  continued in effect for that purpose.
   2-18        SECTION 3.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended,
   2-23  and that this Act take effect and be in force from and after its
   2-24  passage, and it is so enacted.