Tex. Fin. Code § 349.201 · Subchapter C. LIMITING LIABILITY BY CORRECTING VIOLATION
CORRECTION RESULTING IN NO LIABILITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 date on which the person actually discovered the violation, the person corrects the violation as to that obligor by:
(A) performing the required act; or
(B) refunding the amount in excess of the amount authorized by law; and
(2) the person gives to the obligor written notice of the violation as provided by Section 349.204 before the obligor:
(A) gives written notice of that violation; or
(B) files an action alleging that violation.
(b) For purposes of Subsection (a), "actually discovered" refers to the time of the discovery of the violation in fact and not to the time when an ordinarily prudent person, through reasonable diligence, could or should have discovered or known as a matter of law or fact of the violation. Actual discovery of a violation in one transaction may constitute actual discovery of the same violation in other transactions if the violation actually discovered is of such a nature that it would necessarily be repeated and would be clearly apparent in the other transactions without the necessity of examining all of the other transactions.
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 ad1b98788ceb92abf772e80fb64225ac4e2ab91958c4dea768879969a1e17a1b
- 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.
Cited by 4 provisions
Provisions in this library whose text cites Tex. Fin. Code § 349.201. Each shows the citation as that text prints it.
Finance Code
- Tex. Fin. Code § 14.264RIGHT TO BRING ACTION NOT AFFECTED.Printed as Section 349.201
- Tex. Fin. Code § 349.202CORRECTION OF VIOLATION OF FAILURE TO ACT OR PERFORMING PROHIBITED ACT RESULTING IN LIMITED LIABILITY.Printed as Section 349.201(a)(1)
- Tex. Fin. Code § 349.203CORRECTION OF VIOLATION OF CHARGING EXCESSIVE AMOUNTS RESULTING IN LIMITED LIABILITY.Printed as Section 349.201(a)(1)
- Tex. Fin. Code § 349.205CORRECTION EXCEPTION AVAILABLE TO ALL SIMILARLY SITUATED.Printed as Section 349.201, 349.202, or 349.203
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.