(a) Except as provided by § 154.402, an officer, director, agent, or employee of a seller commits an offense if the person:
(1) makes or attempts to make a contract in violation of this chapter;
(2) refuses to allow an inspection of the seller’s records relating to the sale of prepaid funeral benefits;
(3) engages in fraud, deception, misrepresentation, or another dishonest practice in the sale of a contract subject to this chapter; or
(4) otherwise violates this chapter.
(b) An offense under this section for which a penalty is not expressly provided by this subchapter is punishable by:
(1) a fine of not less than $100 or more than $500;
(2) confinement in the county jail for a term of not less than one month or more than six months; or
(3) both the fine and confinement.

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Terms Used In Texas Finance Code 154.401

  • Contract: A legal written agreement that becomes binding when signed.
  • Fraud: Intentional deception resulting in injury to another.
  • Month: means a calendar month. See Texas Government Code 312.011
  • 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) Each violation of this chapter is a separate offense and shall be prosecuted individually.