Texas Administrative Code
Title 7 - BANKING AND SECURITIES
Part 7 - STATE SECURITIES BOARD
Chapter 127 - MISCELLANEOUS
Section 127.4 - Prosecutorial Assistance to County or District Attorneys
Universal Citation: 7 TX Admin Code ยง 127.4
Current through Reg. 49, No. 38; September 20, 2024
(a) Prior to referring a case to a county or district attorney for prosecution pursuant to the Texas Securities Act, §4007.001, the Commissioner shall make a determination of:
(1) the Agency resources,
including the number and types of Agency employees, that would potentially be
needed to assist in the prosecution of the case; and
(2) the availability of Agency employees and
other resources necessary to carry out any request for assistance.
(b) In making the determination in subsection (a) of this section, the Commissioner must consider:
(1) whether resources are available after
taking into account any ongoing Board investigations, investigations under
§4007.053 of this Act, and criminal prosecutions for which assistance is
being provided;
(2) the seriousness
of the alleged violation or violations in the case, including the severity of
the harm and number of victims involved; and
(3) the state's interest in the prosecution
of a particular case and the availability of other methods of redress for the
alleged violations, including the pursuit of a civil action.
(c) If a change in circumstances occurs after the time of the determination under subsection (a) of this section, the Commissioner may reconsider the determination and may increase or reduce the number of Board employees or other resources to be made available for a case using the process established in this section.
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