§ 5-11-4. Affirmative defenses.

It is an affirmative defense to prosecution under this Chapter that:

(a)

At the time of the alleged offense, the defendant, or the person for whom the defendant was acting as an employee, servant, or agent, was not required to hold a state license as a credit access business under Chapter 393, Subchapter G, of the Texas Finance Code;

(b)

The alleged offense arose from an agreement for an extension of consumer credit that existed prior to September 1, 2014, and did not arise from a renewal or refinancing that was provided on or after September 1, 2014;

(c)

The alleged offense arose from a violation of Section 5-11-14(a) and:

(1)

The defendant has continually acted, operated, or conducted business as a credit access business on the lot since before September 1, 2014; or

(2)

The defendant has continually acted, operated, or conducted business as a credit access business on the lot since before the other credit access business was operated on another lot located less than 1,000 feet away from the defendant's lot, as measured in a straight line between the nearest points of one lot to the other lot.

( Ord. No. 9274, § 1, 6-17-14 )