Texas § 140A.104 EVIDENCE.

Texas Statutes

§ 140A.104 — EVIDENCE.

Texas § 140A.104

Code CPCivil Practice and Remedies Code

This text of Texas § 140A.104 (EVIDENCE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Civil Practice and Remedies Code Code Ann. § 140A.104 (2026).

Text

Sec. 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

Free access — add to your briefcase to read the full text and ask questions with AI

Sec. 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.
Transferred, redesignated and amended from Civil Practice and Remedies Code, Section 140A.006 by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29 ), Sec. 7, eff. September 1, 2017.

Legislative History

Added by Acts 2013, 83rd Leg., R.S., Ch. 1066 (H.B. 3241 ), Sec. 1, eff. June 14, 2013. Redesignated from Civil Practice and Remedies Code, Chapter 140 by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296 ), Sec. 21.001 (5), eff. September 1, 2015. Amended by: Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540 ), Sec. 13, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 277 (S.B. 895 ), Sec. 2.01, eff. September 1, 2023.