Tex. Bus. & Com. Code § 38.051
§ 38.051. Claim of Exemption
(a)
In a civil proceeding alleging a violation of this chapter, the burden of proving an exemption is on
the person claiming the exemption.
(b)
In a criminal proceeding alleging a violation of this chapter, the burden of producing evidence to
support a defense of an exemption is on the person claiming the exemption.