After a hearing under this subchapter to determine whether a person has engaged in an unfair method of competition or unfair or deceptive act or practice prohibited by this chapter, the department shall determine whether:

1. (1) the method of competition or the act or practice considered in the hearing is defined as:

   1. (A) an unfair method of competition or deceptive act or practice under Subchapter B; or
   2. (B) a false, misleading, or deceptive act or practice under Section 17.46, Business & Commerce Code; and

2. (2) the person against whom the charges were made engaged in the method of competition or act or practice in violation of:

   1. (A) this chapter; or
   2. (B) Subchapter E, Chapter 17, Business & Commerce Code, as specified in Section 17.46, Business & Commerce Code.

Added by Acts 2009, 81st Leg., R.S., Ch. 1331 (H.B. 4341), Sec. 1, eff. September 1, 2009.