85R5939 CLG-F
 
  By: Dean H.B. No. 2823
 
 
 
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.