Tex. Gov't Code § 4007.102 · Subchapter C. ADMINISTRATIVE ACTIONS
CEASE AND DESIST ORDER: INVESTMENT ADVISER OR INVESTMENT ADVISER REPRESENTATIVE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Notwithstanding any provision of this title to the contrary, the commissioner may hold a hearing as provided by this section if at any time it appears to the commissioner that:
(1) an investment adviser or investment adviser representative is engaging or is likely to engage in fraud or a fraudulent practice with respect to rendering services as an investment adviser or investment adviser representative; or
(2) a person is acting as an investment adviser or investment adviser representative in violation of this title.
(b) A hearing under this section must be held not later than the 30th day after the date the person described by Subsection (a):
(1) receives actual notice; or
(2) is provided notice by registered or certified mail, return receipt requested, to the person's last known address.
(c) After the hearing, the commissioner shall issue or decline to issue a cease and desist order. An order issued under this subsection must:
(1) require the investment adviser or investment adviser representative to immediately cease and desist from the fraudulent conduct; or
(2) prohibit an unregistered or other unauthorized person who is not exempt from the registration or notice filing requirements of this title from acting as an investment adviser or investment adviser representative in violation of this title.
Notes and commentary — not statutory text
History
Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.4007.htm
- Text hash
- sha256 c9fee27a9ef2e400ffe3c7a2b79fdca5d5eab4c60f57b10af7c49bf9f169c1d5
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 5 provisions
Provisions in this library whose text cites Tex. Gov't Code § 4007.102. Each shows the citation as that text prints it.
Government Code
- Tex. Gov't Code § 4003.203AUTHORIZED WRITTEN, PRINTED, OR BROADCAST OFFERS.Printed as Section 4007.101 or 4007.102
- Tex. Gov't Code § 4003.204AUTHORIZED ORAL OFFERS.Printed as Section 4007.101 or 4007.102
- Tex. Gov't Code § 4007.107HEARINGS ON CERTAIN MATTERS.Printed as Section 4007.101, 4007.102, 4007.103, or 4007.104
- Tex. Gov't Code § 4007.206VIOLATION OF CEASE AND DESIST ORDER; OFFENSE.Printed as Section 4007.101, 4007.102, or 4007.104
- Tex. Gov't Code § 4008.101INVESTMENT ADVISER OR INVESTMENT ADVISER REPRESENTATIVE LIABILITY.Printed as Section 4007.102 or 4007.104
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.