Tex. Fin. Code § 349.001 · Subchapter A. CIVIL PENALTIES
LIABILITY FOR CONTRACTING FOR, CHARGING, OR RECEIVING EXCESSIVE AMOUNT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 subtitle is liable to the obligor for an amount equal to:
(1) twice the amount of the interest or time price differential contracted for, charged, or received; and
(2) reasonable attorney's fees set by the court.
(b) A person who violates this subtitle by contracting for, charging, or receiving a charge, other than interest or time price differential, greater than the amount authorized by this subtitle is liable to the obligor for an amount equal to:
(1) the greater of:
(A) three times the amount computed by subtracting the amount of the charge authorized by this subtitle from the amount of the charge contracted for, charged, or received; or
(B) $2,000 or 20 percent of the amount of the principal balance, whichever is less; and
(2) reasonable attorney's fees set by the court.
Notes and commentary — not statutory text
History
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.24(a), eff. Sept. 1, 1999.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FI/htm/FI.349.htm
- Text hash
- sha256 1872c8e66c2c59048815576cff5123f3582da4efd968be166021191d754abd84
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 4 provisions
Provisions in this library whose text cites Tex. Fin. Code § 349.001. Each shows the citation as that text prints it.
Finance Code
- Tex. Fin. Code § 349.101NO LIABILITY IF VIOLATION UNINTENTIONAL AND FROM BONA FIDE ERROR OR IF IN CONFORMITY WITH OTHER LAW.Printed as Section 349.001, 349.002, or 349.003
- Tex. Fin. Code § 349.102LIABILITY FOR MULTIPLE VIOLATIONS IN ONE TRANSACTION.Printed as Section 349.001 | Sections 349.001 and 349.003
- Tex. Fin. Code § 349.203CORRECTION OF VIOLATION OF CHARGING EXCESSIVE AMOUNTS RESULTING IN LIMITED LIABILITY.Printed as Section 349.001
- Tex. Fin. Code § 349.404LIABILITY UNDER SUBCHAPTER IN LIEU OF LIABILITY UNDER CONSUMER CREDIT PROTECTION ACT.Printed as Section 349.001, 349.002, or 349.003
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.