(a) A securities professional or person serving in a legal capacity for a dealer or investment adviser who makes a notification under § 4004.352(a), a dealer or investment adviser that submits a report under § 4004.352(b) or makes a notification to a third party under § 4004.354, or a securities professional or person serving in a legal capacity who or dealer or investment adviser that testifies or otherwise participates in a judicial proceeding arising from a notification or report is immune from any civil or criminal liability arising from the notification, report, testimony, or participation in the judicial proceeding, unless the securities professional, person serving in a legal capacity for the dealer or investment adviser, or dealer or investment adviser acted in bad faith or with a malicious purpose.
(b) A dealer or investment adviser that in good faith and with the exercise of reasonable care places or does not place a hold on any transaction under § 4004.355(a)(1) is immune from civil or criminal liability or disciplinary action resulting from the action or failure to act.

Terms Used In Texas Government Code 4004.356

  • 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
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.