Order No. 2005-045

In The Matter Of:

Penny Lewis
Kilgore, Texas

Before The Banking Commissioner of Texas
Austin, Travis County, Texas

Order Prohibiting Further Participation

On this day, the matter of PENNY LEWIS, of Kilgore, Texas ("Respondent") was submitted to me, Randall S. James, Banking Commissioner of the State of Texas ("Commissioner"), for consideration and action.

I. Findings

  1. Respondent worked for Texas Bank and Trust, Longview, Texas (the "Bank") as a teller.
  2. Respondent took $30,500.00 from her teller drawer at the Bank.
  3. Respondent took the $30,500.00 without authority from or approval of the Bank.
  4. The actions by Respondent in paragraphs 2 and 3 of this Section occurred from March 2004 through January 2005.

II. Conclusions

  1. Respondent violated Texas Finance Code § 35.002(a)(4) by conducting business at the Bank in an unsafe and unsound manner by taking money from the Bank for her personal use without authority or approval.
  2. The Bank has suffered financial loss as a result of Respondent's actions.
  3. The Respondent's actions involved personal dishonesty on Respondent's part and demonstrated a wilful disregard for the safety and soundness of the Bank.
  4. Respondent's actions constitute sufficient grounds for the Commissioner to issue an order, under § 35.003 of the Code, prohibiting Respondent from further participation in the affairs of a state bank, as defined by Texas Finance Code §31.002(50) ("state bank").

III. Order

It is, therefore, ORDERED, ADJUDGED and DECREED that, with respect to a state bank, trust company, or other entity chartered, registered or licensed by the banking commissioner under the laws of this state, including an interstate branch, trust office, or representative office in this state of an out-of-state state bank, trust company, or foreign bank, and further including any entity chartered, registered or licensed by the banking commission under the laws of this state to provide services as a perpetual care cemetery, prepaid funeral business, sale of checks business, currency exchange business, or private child support enforcement agency, PENNY LEWIS is prohibited from:

  1. serving as a director, officer, or employee;
  2. directly or indirectly participating in any manner in the conduct of its affairs;
  3. soliciting, procuring, transferring, attempting to transfer, voting, or attempting to vote any proxy, consent, or authorization with respect to any voting rights; or
  4. directly or indirectly voting for a director, or serving or acting as a state bank-affiliated party.

IV. Effective Date

Pursuant to Texas Finance Code § 35.003(c) Respondent may appeal this order by requesting a hearing before January 4, 2006. If the Respondent does not timely request a hearing, this prohibition order against Respondent Penny Lewis is effective January 4, 2006, pursuant to Texas Finance Code § 35.003(b)(3). After taking effect, the order is final and nonappealable as to Respondent.

V. Service

This Order Prohibiting Participation in the Affairs of a State Bank is served on Penny Lewis by mailing it certified mail, return receipt requested, and by first-class mail, to 1608 Peach Street, Kilgore, Texas 75662 on December 7, 2005.

Signed on this 6th day of December, 2005.

/s/ Randall S. James                                
Randall S. James
Banking Commissioner of the State of Texas