Section 140A.104 - Evidence(a) In a proceeding under this chapter, the state bears the burden of proof by a preponderance of the evidence.(b) A person convicted in a criminal proceeding is precluded, in a proceeding under this chapter, from subsequently denying the essential allegations of the criminal offense of which the person was convicted. For purposes of this subsection, a verdict or a plea, including a plea of nolo contendere, is considered a conviction.(c) An individual may not be held liable under this chapter based on the conduct of another person unless the finder of fact finds by a preponderance of the evidence that the individual authorized, requested, commanded, participated in, ratified, or recklessly tolerated the unlawful conduct of the other person.(d) An enterprise may not be held liable under this chapter based on the conduct of a person unless the finder of fact finds by a preponderance of the evidence that a director or high managerial agent performed, authorized, requested, commanded, participated in, ratified, or recklessly tolerated the unlawful conduct of the person.(e) A bank or savings and loan association insured by the Federal Deposit Insurance Corporation, a credit union insured by the National Credit Union Administration, or the holder of a money transmission license as defined by Chapter 152 , Finance Code, may not be held liable in damages or for other relief under this chapter, unless the finder of fact finds by a preponderance of the evidence that the person or agent acquiring or maintaining an interest in or transporting, transacting, transferring, or receiving the funds on behalf of another did so knowing that the funds were the proceeds of an offense and that a director or high managerial agent performed, authorized, requested, commanded, participated in, ratified, or recklessly tolerated the unlawful conduct of the person or agent. Tex. Civ. Prac. and Rem. Code § 140A.104
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 277,Sec. 2.01, eff. 9/1/2023.Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 807,Sec. 13, eff. 9/1/2021.Renumbered from Tex. Civ. Prac. and Rem. Code § 140A.006 by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 685,Sec. 7, eff. 9/1/2017.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1236,Sec. 21.001, eff. 9/1/2015.Added by Acts 2013, 83rd Leg. - Regular Session, ch. 1066,Sec. 1, eff. 6/14/2013.