Texas Laws - Business and Commerce Code
BUSINESS AND COMMERCE CODE
TITLE 14. RECORDINGS

(B) the defendant has been previously convicted under this section; (12981)

(2) imprisonment for a term of not more than two years, a fine not to exceed $250,000, or both, if the offense involves more than 100 but fewer than 1,000 unauthorized recordings embodying sound or more than seven but fewer than 65 unauthorized audiovisual recordings during a 180-day period; or (12982)

(3) confinement in the county jail for a term of not more than one year, a fine not to exceed $25,000, or both, if the offense is not otherwise punishable under Subdivision (1) or (2). (12983)

(c) In the absence of a written agreement or law to the contrary, the performer or performers of a live performance are presumed to own the rights to record or fix those sounds. (12984)

(d) For purposes of this section, a person authorized to maintain custody and control over business records that reflect whether the owner of a live performance consented to having the live performance recorded or fixed is a proper witness in a proceeding regarding the issue of consent. A witness called under this subsection is subject to the rules of evidence relating to the competency of a witness to testify and the relevance and admissibility of the testimony offered. (12985)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12986)

Sec. 641.053. UNAUTHORIZED OPERATION OF RECORDING DEVICE IN MOTION PICTURE THEATER. (12987)(1-click HTML)

(a) In this section: (12988)

(1) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed. (12989)

(2) "Motion picture theater" means a movie theater, screening room, or other place primarily used to exhibit a motion picture. (12990)

(b) A person commits an offense if, without the consent of the owner of the theater, the person, with the intent to record a motion picture, knowingly operates the audiovisual recording function of any device in a motion picture theater while the motion picture is being exhibited. (12991)

(c) An offense under this section is a Class A misdemeanor, except that the offense is: (12992)

(1) a state jail felony if the person has been previously convicted one time of an offense under this section; or (12993)

(2) a felony of the third degree if the person has been previously convicted two or more times of an offense under this section. (12994)

(d) It is a defense to prosecution under this section that the audiovisual recording function of the device was operated solely for official law enforcement purposes. (12995)

(e) If conduct constituting an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. (12996)

(f) A person who reasonably believes that another has knowingly operated the audiovisual recording function of a device in a motion picture theater in violation of this section is privileged to detain that other person in a reasonable manner and for a reasonable time to allow for the arrival of law enforcement authorities. (12997)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12998)

Sec. 641.054. IMPROPER LABELING. (12999)(1-click HTML)

(a) A person commits an offense if: (13000)

(1) for commercial advantage or private financial gain, the person knowingly: (13001)

(A) advertises, offers for sale, sells, rents, or transports a recording; (13002)

(B) causes the sale, resale, rental, or transportation of a recording; or (13003)

(C) possesses a recording for a purpose described by Paragraph (A) or (B); and (13004)

(2) the outside cover, box, or jacket of the recording does not clearly and conspicuously disclose the actual name and address of the manufacturer. (13005)

(b) An offense under this section is punishable by: (13006)

(1) imprisonment for a term of not more than five years, a fine not to exceed $250,000, or both imprisonment and the fine, if: (13007)

(A) the offense involves 65 or more improperly labeled recordings, or the commercial equivalent thereof, during a 180-day period; or (13008)

(B) the defendant has been previously convicted under this section; (13009)

(2) imprisonment for a term of not more than two years, a fine not to exceed $250,000, or both imprisonment and the fine, if the offense involves more than seven but fewer than 65 improperly labeled recordings, or the commercial equivalent thereof, during a 180-day period; or (13010)

(3) confinement in the county jail for a term of not more than one year, a fine not to exceed $25,000, or both confinement and the fine, if the offense is not otherwise punishable under Subdivision (1) or (2). (13011)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13012)

Amended by: (13013)

Acts 2017, 85th Leg., R.S., Ch. 913 (S.B. 1343), Sec. 3, eff. September 1, 2017. (13014)

Sec. 641.055. FORFEITURE. (13015)(1-click HTML)

If a person is convicted of a violation of this chapter, the court in its judgment of conviction shall order the forfeiture and destruction or other disposition of: (13016)

(1) all recordings on which the conviction is based; and (13017)

(2) all devices and equipment used or intended to be used in the manufacture of the recordings on which the conviction is based. (13018)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13019)

Sec. 641.056. PRIVATE RIGHTS AND REMEDIES NOT AFFECTED. (13020)(1-click HTML)

Sections 641.051, 641.052, and 641.054 do not affect the rights and remedies of a party in private litigation. (13021)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13022)

Sec. 641.057. PENALTIES CUMULATIVE. (13023)(1-click HTML)

A penalty provided by this chapter is in addition to any other penalty provided under other law. (13024)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13025)

TITLE 15. CURRENCY AND TRADE (13026)(1-click HTML)

SUBTITLE A. CURRENCY (13027)(1-click HTML)

CHAPTER 661. EUROPEAN UNION CURRENCY CONVERSION (13028)(1-click HTML)
Sec. 661.001. DEFINITIONS. (13029)(1-click HTML)

In this chapter: (13030)

(1) "Euro" means the currency of the member states of the European Community, as amended by the Treaty on European Union. The term is abbreviated as EUR. (13031)

(2) "European currency unit" means the currency basket periodically used as the unit of account of the European Community, as defined by Regulation No. 3320/94 of the Council of the European Union and as referred to in Article 109g of the treaty establishing the European Community, as amended by the Treaty on European Union. The term is abbreviated as ECU. (13032)

(3) "Introduction of the euro" means the periodic implementation of economic and monetary union in member states of the European Union in accordance with the Treaty on European Union. (13033)

(4) "Treaty on European Union" means the Treaty on European Union of February 7, 1992. (13034)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13035)

Sec. 661.002. APPLICABILITY OF CHAPTER. (13036)(1-click HTML)

This chapter applies to each contract, security, and instrument, including a commercial contract, governed by the laws of this state. (13037)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13038)

Sec. 661.003. CONFLICTS OF LAW. (13039)(1-click HTML)

This chapter prevails to the extent of any conflict between this chapter and any other law of this state. (13040)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13041)

Sec. 661.004. NO NEGATIVE INFERENCE OR PRESUMPTION CREATED. (13042)(1-click HTML)

With respect to currency alteration other than the introduction of the euro, this chapter does not create any negative inference or negative presumption regarding the validity or enforceability of a contract, security, or instrument denominated wholly or partly in a currency affected by the alteration. (13043)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13044)

Sec. 661.005. CONTINUITY OF CONTRACT. (13045)(1-click HTML)

(a) If a subject or medium of payment of a contract, security, or instrument is the European currency unit or a currency that has been substituted or replaced by the euro, the euro is a commercially reasonable substitute and substantial equivalent that may be: (13046)

(1) used in determining the value of the European currency unit or currency, as appropriate; or (13047)

(2) tendered, in each case, at the conversion rate specified in, and otherwise computed in accordance with, the regulations adopted by the Council of the European Union. (13048)

(b) A person may perform any obligation described by Subsection (a) in euros or in the currency or currencies originally designated in the contract, security, or instrument if that currency or those currencies remain legal tender, but the person may not perform the obligation in any other currency, regardless of whether that other currency: (13049)

(1) has been substituted or replaced by the euro; or (13050)

(2) is considered a denomination of the euro and has a fixed conversion rate with respect to the euro. (13051)

(c) The following occurrences are not considered a discharge of, do not excuse performance under, and do not give a party the right to unilaterally alter or terminate a contract, security, or instrument: (13052)

(1) the introduction of the euro; (13053)

(2) the tender of euros in connection with any obligation described by Subsection (a); (13054)

(3) the determination of the value of any obligation described by Subsection (a); or (13055)

(4) the computation or determination of the subject or medium of payment of a contract, security, or instrument with reference to an interest rate or any other basis that has been substituted or replaced because of the introduction of the euro and that is a commercially reasonable substitute and substantial equivalent. (13056)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13057)

Sec. 661.006. EFFECT ON CERTAIN AGREEMENTS. (13058)(1-click HTML)

This chapter does not alter or impair an agreement between parties that specifically relates to the introduction of the euro. (13059)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13060)

SUBTITLE B. PORT OF ENTRY AUTHORITIES (13061)(1-click HTML)

CHAPTER 671. CITY OF LAREDO PORT OF ENTRY AUTHORITY (13062)(1-click HTML)
Sec. 671.001. DEFINITIONS. (13063)(1-click HTML)

In this chapter: (13064)

(1) "Authority" means the City of Laredo Port of Entry Authority created under this chapter. (13065)

(2) "Board" means the governing board of the authority. (13066)

(3) "City" means the city of Laredo. (13067)

(4) "Governing body" means the governing body of the city. (13068)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13069)

Sec. 671.002. CREATION OF AUTHORITY. (13070)(1-click HTML)

The city by ordinance may create the City of Laredo Port of Entry Authority for the purposes provided by this chapter. (13071)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13072)

Sec. 671.003. AUTHORITY JURISDICTION. (13073)(1-click HTML)

The authority's jurisdiction is coextensive with the area within the boundaries and extraterritorial jurisdiction of the city. (13074)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13075)

SUBCHAPTER B. GOVERNING BOARD (13076)(1-click HTML)
Sec. 671.051. COMPOSITION OF BOARD. (13077)(1-click HTML)

(a) The authority is governed by a board of 11 members appointed by the governing body. (13078)

(b) Nine members are voting members who must reside in the authority and two members are nonvoting members who must reside in Mexico. (13079)

(c) The voting board members must include: (13080)

(1) one representative of United States customs brokers; (13081)

(2) one representative of freight forwarders; (13082)

(3) one representative of the transportation industry; (13083)

(4) one international banker; and (13084)

(5) one representative of a maquiladora project. (13085)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13086)

Sec. 671.052. BOARD TERMS; VACANCY. (13087)(1-click HTML)

(a) Board members serve staggered two-year terms, with the terms of five members expiring February 1 of each odd-numbered year and the terms of six members expiring February 1 of each even-numbered year. (13088)

(b) A vacancy that occurs more than 60 days before the expiration date of a term shall be promptly filled for the unexpired term by the appointment of a member who has the same qualifications as the member creating the vacancy. (13089)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13090)

Sec. 671.053. OFFICERS. (13091)(1-click HTML)

The board shall select from among the board's voting members a presiding officer, an assistant presiding officer, a treasurer, and any other officers that the board considers appropriate. (13092)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13093)

Sec. 671.054. REMOVAL. (13094)(1-click HTML)

After a hearing, a board member may be removed for cause by a two-thirds vote of the membership of the governing body. (13095)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13096)

Sec. 671.055. COMPENSATION; REIMBURSEMENT. (13097)(1-click HTML)

A board member serves without compensation but is entitled to reimbursement for necessary expenses incurred in the performance of duties as a member. (13098)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13099)

SUBCHAPTER C. POWERS AND DUTIES (13100)(1-click HTML)
Sec. 671.101. FEES. (13101)(1-click HTML)

The authority shall establish and collect rentals, tolls, and other appropriate fees: (13102)

(1) from an operator of a commercial vehicle entering the authority by an international bridge; and (13103)

(2) for the use of any other facility designated by the city. (13104)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13105)

Sec. 671.102. USE OF MONEY. (13106)(1-click HTML)

The authority may use the money collected under this chapter as the board determines appropriate only for the development and promotion of international trade. The authority must obtain the approval of the governing body before any expenditure of money. (13107)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13108)

Sec. 671.103. EFFECT OF AUTHORITY ACTION; CITY APPROVAL. (13109)(1-click HTML)

(a) Not later than the 15th day after the date on which the authority or the board acts, the city may approve or disapprove the action. (13110)

(b) If the city disapproves an action under Subsection (a), the action has no effect. If the city does not disapprove the action, the action becomes effective on the earlier of: (13111)

(1) the date on which the city approves the action; or (13112)

(2) the 15th day after the date on which the authority or board acted. (13113)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13114)

Sec. 671.104. AD VALOREM TAXES AND BONDS PROHIBITED. (13115)(1-click HTML)

The authority may not: (13116)

(1) impose an ad valorem tax; or (13117)

(2) issue bonds. (13118)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13119)

Sec. 671.105. DEPOSITORY; ORDER TO DISBURSE. (13120)(1-click HTML)

(a) The treasurer of the authority shall deposit money collected by the authority in a separate account in a bank or trust company. (13121)

(b) Money of the authority may be paid out on the warrant or other order of the presiding officer of the board or another person designated by the authority. (13122)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13123)

Sec. 671.106. AUDIT. (13124)(1-click HTML)

(a) At least once a year, the authority shall have a certified public accountant conduct an audit of the authority's books, accounts, and other records. A copy of the audit shall be delivered to the city. (13125)

(b) If the authority does not have the required audit conducted, an auditor or accountant designated by the city may examine, at the expense of the authority, the accounts and books of the authority, including receipts, disbursements, contracts, leases, investments, and other matters relating to the authority's finances, operation, and affairs. (13126)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13127)

SUBTITLE C. TRADE ZONES (13128)(1-click HTML)

CHAPTER 681. FOREIGN TRADE ZONES (13129)(1-click HTML)
Sec. 681.001. DEFINITION. (13130)(1-click HTML)

In this chapter, "foreign trade zone" has the meaning assigned to the term "zone" by the Foreign Trade Zones Act (19 U.S.C. Section 81a et seq.). (13131)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13132)

Sec. 681.002. AUTHORIZATION SUBJECT TO FEDERAL LAW AND REGULATIONS. (13133)(1-click HTML)

An authorization under this chapter is subject to the requirements of federal law and the regulations of the board established to carry out the provisions of the Foreign Trade Zones Act (19 U.S.C. Section 81a et seq.). (13134)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13135)

SUBCHAPTER B. GENERAL AUTHORITY FOR ESTABLISHMENT OF FOREIGN TRADE ZONES BY CERTAIN ENTITIES (13136)(1-click HTML)
Sec. 681.051. DEFINITIONS. (13137)(1-click HTML)

In this subchapter: (13138)

(1) "Eligible corporation" means a corporation organized to establish, operate, and maintain a foreign trade zone. (13139)

(2) "Governmental entity" means: (13140)

(A) this state; (13141)

(B) a state agency; (13142)

(C) a county, municipality, or special district; or (13143)

(D) a combination of entities listed in Paragraphs (A)-(C). (13144)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13145)

Sec. 681.052. GENERAL AUTHORITY FOR ELIGIBLE CORPORATION OR GOVERNMENTAL ENTITY. (13146)(1-click HTML)

(a) An eligible corporation or a governmental entity may: (13147)

(1) apply for and accept a grant of authority to establish, operate, and maintain a foreign trade zone and subzones; and (13148)

(2) take other actions necessary to establish, operate, and maintain the foreign trade zone and subzones. (13149)

(b) An applicant under Subsection (a) may select and describe the location of the foreign trade zone and subzones. (13150)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13151)

SUBCHAPTER C. GENERAL AUTHORITY FOR ESTABLISHMENT OF FOREIGN TRADE ZONES BY CERTAIN JOINT BOARDS (13152)(1-click HTML)
Sec. 681.101. DEFINITION. (13153)(1-click HTML)

In this subchapter, "joint board" means a joint board created by two or more municipalities with a combined population of more than one million under: (13154)

(1) Chapter 114, Acts of the 50th Legislature, Regular Session, 1947; or (13155)

(2) Section 22.074, Transportation Code. (13156)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13157)

Sec. 681.102. GENERAL AUTHORITY FOR JOINT BOARD. (13158)(1-click HTML)

(a) A joint board may apply for and accept a permit, license, or other grant of authority to establish, operate, and maintain: (13159)

(1) one or more foreign trade zones, as Texas ports of entry under federal law, in any county in which the board's airport is located; and (13160)

(2) other subzones or other additions to an existing zone inside or outside that county. (13161)

(b) In operating and maintaining a foreign trade zone or subzone under this subchapter, a joint board may exercise any power or authority necessary to establish, operate, and maintain the foreign trade zone or subzone in accordance with federal law, rules, and regulations. (13162)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13163)

SUBCHAPTER D. SPECIFIC AUTHORITY FOR CERTAIN FOREIGN TRADE ZONES (13164)(1-click HTML)
Sec. 681.151. AMARILLO TRADE ZONE CORPORATION. (13165)(1-click HTML)

The Amarillo Trade Zone, Inc., organized under the laws of this state, with offices at or near Amarillo, Potter, and Randall Counties, may apply for and accept a grant of authority to establish, operate, and maintain: (13166)

(1) a foreign trade zone in Amarillo, Potter, and Randall Counties; and (13167)

(2) other subzones. (13168)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (13169)

Sec. 681.152. CITY OF AUSTIN OR DESIGNEE. (13170)(1-click HTML)

The City of Austin, or a nonprofit corporation organized under the laws of this state and designated by the City of Austin, may apply for and accept a grant of authority to establish, operate, and maintain: (13171)

  

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