Tex. Fin. Code § 349.101 · Subchapter B. GENERAL LIMITATIONS ON LIABILITY
NO LIABILITY IF VIOLATION UNINTENTIONAL AND FROM BONA FIDE ERROR OR IF IN CONFORMITY WITH OTHER LAW.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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:
(A) was not intentional; and
(B) resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid such a violation; or
(2) the violation was an act done or omitted in good faith in conformity with:
(A) a rule adopted under, or interpretation of, this title by a state agency, board, or commission;
(B) the Consumer Credit Protection Act (15 U.S.C. Section 1601 et seq.); or
(C) a rule or regulation adopted under, or interpretation of, the Consumer Credit Protection Act (15 U.S.C. Section 1601 et seq.) by an agency, board, or commission of the United States.
(b) The exception from liability provided by Subsection (a)(2) is not affected by the fact that after the act or omission occurs, the rule, regulation, or interpretation in conformity with which the act was done or omitted is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.
Notes and commentary — not statutory text
History
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
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 2cba73601879a8e902885196e58abfa425e092a0c1023f95ed6a14d37866d80a
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Finance Code
- Tex. Fin. Code § 349.001LIABILITY FOR CONTRACTING FOR, CHARGING, OR RECEIVING EXCESSIVE AMOUNT.Printed as Section 349.001, 349.002, or 349.003
- Tex. Fin. Code § 349.002LIABILITY FOR CHARGES EXCEEDING TWICE AMOUNT AUTHORIZED.Printed as Section 349.001, 349.002, or 349.003
- Tex. Fin. Code § 349.003LIABILITY FOR FAILURE TO PERFORM OR FOR PERFORMANCE OF PROHIBITED 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.