I finally got my call returned form the Acura tech (he was at school all week).... after checking online & talking to him...
He said the TXS had what sounded like almost the same problem, but in second gear. It's really really unusal on the TLs. He said what he would do is replace the shifter fork & the 3 gear syncro. He'd do at the same time, since it's a 50/50 chance of either. He's thinking more the syncro & when it warms to a certain temp & it's not working.
I don't remember if you said what they had replaced in their "fix"....
If it continues, then fight for a whole tranny!! Let them send it out to find the problem which may help others in the future.