Tex. Occ. Code Section 1802.205
Payment of Claim

(a)

If the department’s determination under Section 1802.202 (Consumer Claims) is not disputed by the auctioneer, the department shall pay the claim from the fund, subject to Section 1802.206 (Payment Limits).

(b)

If a hearing is held on the department’s determination, the department shall pay to the aggrieved party the amount of actual damages as determined by an administrative law judge with the State Office of Administrative Hearings who presided over the hearing, subject to Section 1802.206 (Payment Limits).

(c)

The amount of actual damages may not include attorney’s fees, speculative damages, or lost profits.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.052, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.370, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 626 (H.B. 4416), Sec. 18, eff. September 1, 2023.

Source: Section 1802.205 — Payment of Claim, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­1802.­htm#1802.­205 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

§ 1802.205’s source at texas​.gov