Sec. 66.103.  INTERVENTION FOR ACTIVITY RESULTING IN ACTUAL OR POTENTIAL LOSS.  (a)  The commissioner may intervene in the affairs of an association if a person who participates in the affairs of the association or a subsidiary or savings and loan holding company of the association commits or is about to commit:
(1)  a fraudulent or criminal act in conducting the affairs that may cause the association or a subsidiary of the association to become or be in danger of becoming insolvent;
(2)  an act that threatens immediate or irreparable harm to the public or the association, a subsidiary of the association, or the account holders or creditors of the association;  or
(3)  a breach of fiduciary duty that results in actual or probable substantial financial losses or other damages to the association or a subsidiary of the association or that would seriously prejudice the interest of savings account holders or holders of other security issued by the association.
(b)  The commissioner may intervene in the affairs of an association if the association:
(1)  is insolvent;
(2)  is in imminent danger of insolvency;  or
(3)  makes or is about to make:
(A)  a loan the value of the security for which is materially overstated;  or
(B)  an investment the market value of which is materially overstated.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.