(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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