An act or omission does not violate this title if the act or omission conforms to:
(1) Subchapter C;
(2) a provision determined by the commissioner; or
(3) an interpretation of this title that is in effect at the time of the act or omission and that was made by:
(A) the commissioner under Section 14.108; or
(B) an appellate court of this state or the United States.