1. (a) A person commits an offense if the person violates Section 341.404. An offense under that section is a Class C misdemeanor.

2. (b) A person who violates Section 341.404:

   1. (1) may be prosecuted for the offense; or

   2. (2) may be held liable for:

      1. (A) the penalties under Chapter 349; and
      2. (B) civil penalties assessed by the consumer credit commissioner.
3. (c) A person is not subject to both prosecution and the penalties described by Subsection (b)(2).

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.