(a) If a commission merchant fails to comply with a provision of Subchapter C, except Section 1801.103(a), (c), or (d), the commission merchant and the surety company or sureties required by Section 1801.052 are:
(1) liable for all actual damages incurred by the consignor resulting from the failure; and
(2) subject to a penalty of not less than $100 or more than $500.
(b) The consignor may recover the damages and penalty by filing suit for the actual damages and penalty.
Official text of the Texas Occupations Code as published by the Texas Legislative Council.