Texas Occupations Code 901.602 – Criminal Penalty
(a) A person commits an offense if the person violates this chapter. Each violation is a separate offense.
(b) Except as otherwise provided by this subsection, an offense under this section is a Class B misdemeanor. An offense under this section that involves intentional fraud is punishable as:
(1) a state jail felony if it is shown on the trial of the offense that the violation resulted in a monetary loss of less than $10,000 or did not result in a monetary loss;
(2) a felony of the third degree if it is shown on the trial of the offense that the violation resulted in a monetary loss of at least $10,000 but less than $100,000; or
(3) a felony of the second degree if it is shown on the trial of the offense that the violation resulted in a monetary loss of at least $100,000.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
| Class B misdemeanor | up to 180 days | up to $2,000 |
Terms Used In Texas Occupations Code 901.602
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Fraud: Intentional deception resulting in injury to another.
- 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) A complaint filed under this section must be filed in a district court in:
(1) Travis County, if the complaint is filed against a person who is licensed under this chapter or is not a resident of this state; or
(2) the county in which the person resides, if the complaint is filed against a person who is a resident of this state but is not licensed under this chapter.