Texas Finance Code Title 4, Chapter 349 - Penalties And Liabilities

SUBCHAPTER A CIVIL PENALTIES

• Texas Section 349.001 - Liability For Contracting For, Charging, Or Receiving Excessive Amount
  (a) A person who violates this subtitle by contracting for, charging, or receiving interest or time price differential greater than the amount authorized by this...
• Texas Section 349.002 - Liability For Charges Exceeding Twice Amount Authorized
  (a) A person who violates this subtitle by contracting for, charging, or receiving interest or time price differential that in an aggregate amount exceeds twice...
• Texas Section 349.003 - Liability For Failure To Perform Or For Performance Of Prohibited Act
  (a) Except as provided by this subtitle, a person who fails to perform a requirement specifically imposed on the person by this subtitle or who...
• Texas Section 349.004 - Liability Related To Criminal Offense
  In addition to other applicable penalties, a person who commits an offense under Section 349.502 is liable to the obligor for an amount equal to:...

SUBCHAPTER B GENERAL LIMITATIONS ON LIABILITY

• Texas Section 349.005 - Liability For Violating Injunction
  (a) A person who violates an injunction issued under this subtitle is liable to this state for a civil penalty that does not exceed $1,000...
• Texas Section 349.101 - No Liability If Violation Unintentional And From Bona Fide Error Or If In Conformity With Other Law
  (a) A person is not liable under Section 349.001, 349.002, or 349.003 if the person shows by a preponderance of evidence that: (1) the violation:...
• Texas Section 349.102 - Liability For Multiple Violations In One Transaction
  (a) A person who would be liable under Sections 349.001 and 349.003 as a result of the same transaction is liable only for the penalties...

SUBCHAPTER C LIMITING LIABILITY BY CORRECTING VIOLATION

• Texas Section 349.103 - Limitation On Multiple Recovery Of Penalties
  (a) An administrative penalty, fine, settlement, or assurance of voluntary compliance under this title or federal law that is assessed by or agreed to with...
• Texas Section 349.201 - Correction Resulting In No Liability
  (a) A person is not liable to an obligor for a violation of this subtitle if: (1) not later than the 60th day after the...
• Texas Section 349.202 - Correction Of Violation Of Failure To Act Or Performing Prohibited Act Resulting In Limited Liability
  (a) Liability to an obligor for a violation of this subtitle to which Section 349.003 applies is limited as provided by this section if, after...
• Texas Section 349.203 - Correction Of Violation Of Charging Excessive Amounts Resulting In Limited Liability
  (a) This section applies only to a violation of this subtitle to which Section 349.001 applies and that results from: (1) contracting for, charging, or...
• Texas Section 349.204 - Giving Written Notice
  (a) For purposes of this subchapter, written notice is given to a person by delivering the notice to the person or the person's agent or...

SUBCHAPTER D LIMITING LIABILITY BY LATE REGISTRATION OR LICENSURE

• Texas Section 349.205 - Correction Exception Available To All Similarly Situated
  If in a single transaction more than one person may be liable for a violation of this subtitle, compliance with Section 349.201, 349.202, or 349.203...
• Texas Section 349.301 - Payment Of Fees
  A person who registers or obtains or renews a license under this title after the date on which the person was required to register or...
• Texas Section 349.302 - Late Filing Fee For Registering Or Renewal Of Registration
  (a) A person who renews a registration not later than the 30th day after the date on which the registration expires is not required to...
• Texas Section 349.303 - Late Filing Fee For Obtaining Or Renewing License
  (a) The late filing fee for renewing an expired license is $1,000 if the license: (1) was in good standing when it expired; and (2)...
• Texas Section 349.304 - Effect Of Compliance With Subchapter For Registrant Or License Holder
  (a) A person who pays the applicable registration fees and late filing fee as provided by Section 349.301 is considered for all purposes to have...

SUBCHAPTER E PROCEDURES FOR CIVIL ACTIONS

• Texas Section 349.305 - Effect Of Compliance With Subchapter On Person Other Than Registrant Or License Holder
  A benefit provided to a person under Section 349.304 also applies to that person's employees or other agents, employers, predecessors, successors, and assigns but does...
• Texas Section 349.401 - Venue
  An action under this chapter must be brought in the county in which: (1) the transaction was entered; or (2) the defendant resides when the...
• Texas Section 349.402 - Limitation Period
  (a) Except as provided by Subsection (b), an action under this chapter must be brought before the later of: (1) the fourth anniversary of the...
• Texas Section 349.403 - Class Action
  (a) In a class action that alleges one or more violations of this subtitle and is determined by the court to be maintainable as a...

SUBCHAPTER F CRIMINAL OFFENSES

• Texas Section 349.404 - Liability Under Subchapter In Lieu Of Liability Under Consumer Credit Protection Act
  (a) A final judgment granting or denying relief under the Consumer Credit Protection Act (15 U.S.C. Section 1601 et seq.) bars a subsequent action under...
• Texas Section 349.501 - Offense Of Charges Exceeding Twice Amount Authorized
  (a) A person commits an offense if the person contracts for, charges, or receives interest, time price differential, and other charges that in an aggregate...
• Texas Section 349.502 - Offense Of Engaging In Lending Business Without Proper Authority
  (a) A person commits an offense if the person engages in a business that is subject to Chapter 342, 346, or 351 without holding the...
• Texas Section 349.503 - Certain Proceedings In Connection With Sale-leaseback Transaction
  (a) If a buyer in a sale-leaseback transaction requires the seller to provide a check as security for the transaction, the buyer may not file...

Last modified: September 28, 2016