(a) A person commits an offense if the person violates § 341.404. An offense under that section is a Class C misdemeanor.
(b) A person who violates § 341.404:
(1) may be prosecuted for the offense; or
(2) may be held liable for:
(A) the penalties under Chapter 349; and
(B) civil penalties assessed by the consumer credit commissioner.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C misdemeanorup to $500
For details, see

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Terms Used In Texas Finance Code 341.405

  • 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

(c) A person is not subject to both prosecution and the penalties described by Subsection (b)(2).