Texas Occupations Code 1201.405 – Limitations On Claims
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(a) The payment of actual damages is limited to the lesser of:
(1) the amount of actual, reasonable costs, not including attorney’s fees, that the consumer has incurred or will incur to resolve the act or omission found to be a violation under § 1201.404; or
(2) $35,000.
(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 77, Sec. 15(3), eff. September 1, 2009.
Terms Used In Texas Occupations Code 1201.405
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Rule: includes regulation. See Texas Government Code 311.005
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay:
(1) punitive, exemplary, double, or treble damages; or
(2) damages for pain and suffering, mental anguish, emotional distress, or other analogous tort claims.
(d) Notwithstanding other provisions of this subchapter, this subchapter does not apply to, and a consumer may not recover through the manufactured homeowner consumer claims program as a result of, a claim against a license holder that results from a cause of action directly related to the sale, exchange, brokerage, or installation of a manufactured home before September 1, 1987.
(e) In determining the amount of actual damages under this section, the director shall make an independent inquiry as to the damages actually incurred, unless the damages have been previously established through a contested trial.
(f) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay:
(1) actual damages to reimburse an affiliate or related person of a licensee, except when the director issues an order under Sections 1201.358(b) and (c);
(2) actual damages to correct matters that are solely cosmetic in nature;
(3) for attorney’s fees; or
(4) actual damages to address other matters, unless the matters involve:
(A) a breach of warranty;
(B) a failure to return or apply as agreed money received from a consumer or money for which the consumer was obligated;
(C) the breach of an agreement to provide goods or services necessary to the safe and habitable use of a manufactured home such as steps, air conditioning, access to utilities, or access to sewage and wastewater treatment; or
(D) perfected and enforceable tax liens not extinguished and canceled in accordance with § 32.015, Tax Code.
(g) The board by rule may place reasonable limits on the costs that may be approved for payment under the manufactured homeowner consumer claims program, including the costs of reassigned warranty work, and require consumers making claims that may be subject to reimbursement under the manufactured homeowner consumer claims program to provide estimates establishing that the cost will be reasonable. Such rules may also specify such procedures and requirements as the board may deem necessary and advisable for the administration of the manufactured homeowner consumer claims program.