(a) An assurance of voluntary compliance does not affect the right of an individual to bring an action, except as provided in Chapter 349 and except that the right of an individual in relation to money received according to a stipulation under § 14.261(c) is governed by the terms of the assurance.
(b) A person entering into an assurance of voluntary compliance may, not later than the 60th day after the date of filing of the assurance, correct the violation under § 349.201. Amounts paid as restitution and other acts taken in accordance with an assurance of voluntary compliance shall be considered for purposes of determining whether the obligor has made a correction under Subchapter C, Chapter 349. With respect to corrections of violations or possible violations relating to matters addressed in the assurance of voluntary compliance, the date of filing of the assurance is considered to be the date of:
(1) actual discovery of the violation or possible violation;
(2) written notice; and
(3) filing of the action alleging the violation.

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Terms Used In Texas Finance Code 14.264

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005