(a) A person who is injured by the bankruptcy of a seller or the seller's breach of an agreement entered into during a telephone solicitation may bring an action to recover against the bond, letter of credit, or certificate of deposit required under Section 38.107.

(b) The liability of the surety on a bond provided under Section 38.107 does not exceed the amount of the bond, regardless of the number of claims filed or the aggregate amount claimed. If the amount claimed exceeds the amount of the bond, the surety shall deposit the amount of the bond with the secretary of state for distribution to claimants entitled to recovery, and the surety is then relieved of all liability under the bond.