reglab/housing_qa huggingface dataset:
TX Fin Code § 349.201 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter C. Limiting Liability by Correcting Violation|Section 349.201. Correction Resulting in No Liability

Sec. 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 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.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 349.202 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter C. Limiting Liability by Correcting Violation|Section 349.202. Correction of Violation of Failure to Act or Performing Prohibited Act Resulting in Limited Liability

Sec. 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 the 60-day period described by Section 349.201(a)(1) but before the time the obligor gives written notice of that violation or files an action alleging that violation, the violation is corrected as to that obligor by:(1)  the performance of the required act;  and(2)  giving to the obligor written notice of the violation as provided by Section 349.204.(b)  The liability of any person for the violation to the obligor as described by Subsection (a) is limited for each transaction to an amount that does not exceed one, but not both, of the following:(1)  the actual economic loss suffered by the obligor as a result of the violation;  or(2)  the time price differential or interest contracted for, charged, or received, not to exceed $2,000, if:(A)  the violation was material;  and(B)  the violation induced the obligor to enter into a transaction that the obligor would not have entered if the violation had not occurred.(c)  A person who is liable under Subsection (b) is also liable for reasonable attorney's fees set by the court.(d)  In a judicial proceeding under Subsection (b)(2), the court determines whether the violation is material and the finder of fact determines whether the violation induced the obligor to enter into the transaction.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 349.203 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter C. Limiting Liability by Correcting Violation|Section 349.203. Correction of Violation of Charging Excessive Amounts Resulting in Limited Liability

Sec. 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 receiving interest or time price differential that exceeds the amount authorized by law if the excess is directly and solely attributable to and computed on the amount of a charge other than the interest or time price differential;  or(2)  contracting for, charging, or receiving a charge, other than interest or time price differential, that exceeds the amount authorized by law.(b)  If, after the 60-day period described by Section 349.201(a)(1) but before the time an obligor gives written notice of the violation or files an action alleging the violation, the violation is corrected as to the obligor by refunding the amount of the excess and giving to the obligor written notice of the violation as provided by Section 349.204, the liability of any person to that obligor is limited for each transaction to an amount that does not exceed:(1)  the time price differential or interest contracted for, charged, or received, not to exceed $2,000;  and(2)  reasonable attorney's fees set by the court.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 349.204 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter C. Limiting Liability by Correcting Violation|Section 349.204. Giving Written Notice

Sec. 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 attorney of record:(1)  in person;  or(2)  by United States mail to the address shown on the most recent documents in the transaction.(b)  Deposit of a notice as registered or certified mail in a postage-paid, properly addressed wrapper in a post office or official depository under the care and custody of the United States Postal Service is prima facie evidence of the delivery of the notice to the person to whom it is addressed.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 349.205 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter C. Limiting Liability by Correcting Violation|Section 349.205. Correction Exception Available to All Similarly Situated

Sec. 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 by any of those persons entitles each to the protection provided by that section.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 349.301 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter D. Limiting Liability by Late Registration or Licensure|Section 349.301. Payment of Fees

Sec. 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 to obtain or renew the license may limit the person's liability as provided by this subchapter by paying to the commissioner:(1)  all prior registration or license fees that the person should have paid under this title; and(2)  except as provided by Section 349.302(a), a late filing fee as provided by this subchapter.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2019, 86th Leg., R.S., Ch. 767 (H.B. 1442), Sec. 41, eff. September 1, 2019.|
TX Fin Code § 349.302 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter D. Limiting Liability by Late Registration or Licensure|Section 349.302. Late Filing Fee for Registering or Renewal of Registration

Sec. 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 pay a late filing fee.(b)  The late filing fee is $250 for:(1)  registering after the time registration is required under this title;  or(2)  renewal of a registration after the day prescribed by Subsection (a).|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 349.303 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter D. Limiting Liability by Late Registration or Licensure|Section 349.303. Late Filing Fee for Obtaining or Renewing License

Sec. 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)  is renewed not later than the 180th day after its expiration date.(b)  The late filing fee is $10,000 for:(1)  obtaining a license after the time it is required under this title;  or(2)  renewing an expired license to which Subsection (a) does not apply.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 349.304 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter D. Limiting Liability by Late Registration or Licensure|Section 349.304. Effect of Compliance With Subchapter for Registrant or License Holder

Sec. 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 had the required registration for the periods for which the registration fees have been paid.(b)  A person who renews an expired license and pays the applicable license fees and, if required, a late filing fee as provided by Section 349.301 is considered for all purposes to have held the required license as if it had not expired.(c)  A person who obtains a license and pays the applicable license fees and the late filing fee under Section 349.301 is considered for all purposes to have held the license for the period during which it was required but only as to a loan on which the person has contracted for, charged, or received interest that does not exceed the amount that would have been allowed for the loan under Chapter 303.(d)  A person who under this section is considered to have been registered or to have held a license is not subject to any liability, forfeiture, or penalty, other than as provided by this subchapter, relating to the person's not having been registered or not holding a license during the period for which the registration or license fees and late filing fee are paid under Section 349.301.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 349.305 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter D. Limiting Liability by Late Registration or Licensure|Section 349.305. Effect of Compliance With Subchapter on Person Other Than Registrant or License Holder

Sec. 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 not apply to any other person required to be licensed under this title.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 349.401 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter E. Procedures for Civil Actions|Section 349.401. Venue

Sec. 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 action is filed.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 349.402 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter E. Procedures for Civil Actions|Section 349.402. Limitation Period

Sec. 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 date of the loan or retail installment transaction with respect to which the violation occurred;  or(2)  the second anniversary of the date on which the violation occurred.(b)  An action under this chapter with respect to an open-end credit transaction must be brought before the second anniversary of the date on which the violation occurred.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 349.403 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter E. Procedures for Civil Actions|Section 349.403. Class Action

Sec. 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 class action, the class may recover the amount of actual damages proximately caused to the members of the class as a result of the violations.(b)  The court may assess as a penalty:(1)  for each obligor who is named as a class representative at the time that the action is determined to be maintainable as a class action, the amount that could be recovered by the person under this chapter;  and(2)  for other class members, an amount set by the court under Subsection (c) and subject to Subsection (d).(c)  In determining the award amount, the court shall consider, in addition to other relevant factors:(1)  the amount of any actual damages awarded;(2)  the frequency and persistence of violations by the creditor;(3)  the resources of the creditor;(4)  the number of persons adversely affected;  and(5)  the extent to which the creditor's violation was intentional or reckless.(d)  A minimum recovery is not applicable to a class member to whom Subsection (b)(2) applies.  The total recovery under Subsection (b)(2) in a class action or series of class actions arising out of the same violation of this subtitle by the same person may not exceed the lesser of $100,000 or five percent of the net worth of the person.(e)  In a successful action to enforce the liability under this section, the court may award:(1)  costs of the action;  and(2)  reasonable attorney's fees set by the court.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 349.404 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter E. Procedures for Civil Actions|Section 349.404. Liability Under Subchapter in Lieu of Liability Under Consumer Credit Protection Act

Sec. 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 Section 349.001, 349.002, or 349.003 by the same obligor with respect to the same violation.(b)  If an obligor brings an action under the Consumer Credit Protection Act (15 U.S.C. Section 1601 et seq.) against a person after a final judgment has been rendered under Section 349.001, 349.002, or 349.003 in favor of the obligor against that person with respect to the same violation, that person in the same or an independent action may sue that obligor to recover:(1)  the amount of the judgment rendered under Section 349.001, 349.002, or 349.003;  and(2)  reasonable attorney's fees set by the court.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 349.501 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter F. Criminal Offenses|Section 349.501. Offense of Charges Exceeding Twice Amount Authorized

Sec. 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 amount exceed twice the total amount of interest, time price differential, and other charges authorized by this subtitle.(b)  An offense under this section is a misdemeanor punishable by a fine of not more than $100.(c)  Each contract or transaction that violates Subsection (a) is a separate offense.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 349.502 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter F. Criminal Offenses|Section 349.502. Offense of Engaging in Lending Business Without Proper Authority

Sec. 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 license or other authorization required under that chapter.(b)  An offense under this section is a misdemeanor punishable by a fine of not more than $1,000.(c)  Each loan made without the authority required by Chapter 342, 346, or 351 is a separate offense.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.57, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1220 (H.B. 2138), Sec. 2, eff. September 1, 2007.|
TX Fin Code § 349.503 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 349 - Penalties and Liabilities|Subchapter F. Criminal Offenses|Section 349.503. Certain Proceedings in Connection With Sale-Leaseback Transaction

Sec. 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 or threaten to file a charge, complaint, or criminal prosecution under Section 31.03, 31.04, or 32.41, Penal Code, based on nonpayment of the check. (b)  A buyer who violates Subsection (a) commits an offense.  An offense under this section is a misdemeanor punishable by a fine of not more than $1,000.|Added by Acts 2001, 77th Leg., ch. 1235, Sec. 19, eff. Sept. 1, 2001.|
TX Fin Code § 351.001 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter A. General Provisions|Section 351.001. Short Title

Sec. 351.001.  SHORT TITLE.  This chapter may be cited as the Property Tax Lender License Act.|Added by Acts 2007, 80th Leg., R.S., Ch. 1220 (H.B. 2138), Sec. 1, eff. September 1, 2007.|
TX Fin Code § 351.002 (2021)
2021 Texas Statutes|Finance Code|Title 4 - Regulation of Interest, Loans, and Financed Transactions|Subtitle B - Loans and Financed Transactions|Chapter 351 - Property Tax Lenders|Subchapter A. General Provisions|Section 351.002. Definitions

Sec. 351.002.  DEFINITIONS.In this chapter:(1)  "Property tax lender" means a person that engages in activity requiring a license under Section 351.051.  The term does not include:(A)  a person who is sponsored by a licensed property tax lender to assist with or perform the acts of a property tax lender; or(B)  a person who performs only clerical functions such as delivering a loan application to a property tax lender, gathering or requesting information related to a property tax loan application on behalf of the prospective borrower or property tax lender, word processing, sending correspondence, or assembling files.(2)  "Property tax loan" means an advance of money:(A)  in connection with a transfer of lien under Section 32.06, Tax Code, or a contract under Section 32.065, Tax Code;(B)  in connection with which the person making the transfer arranges for the payment, with a property owner's written consent, of property taxes and related closing costs on behalf of the property owner in accordance with Section 32.06, Tax Code; and(C)  that is secured by a special lien against property transferred from a taxing unit to the property tax lender and which may be further secured by the lien or security interest created by a deed of trust, security deed, or other security instrument.|Added by Acts 2007, 80th Leg., R.S., Ch. 1220 (H.B. 2138), Sec. 1, eff. September 1, 2007.|