Texas Laws - Business and Commerce Code
BUSINESS AND COMMERCE CODE
TITLE 4. BUSINESS OPPORTUNITIES AND AGREEMENTS

In this chapter: (8645)

(1) "Disaster remediation" means the removal, cleaning, sanitizing, demolition, reconstruction, or other treatment of improvements to real property performed because of damage or destruction to that property caused by a natural disaster. (8646)

(2) "Disaster remediation contractor" means a person who engages in disaster remediation for compensation, other than a person who has a permit, license, registration, or other authorization from the Texas Commission on Environmental Quality for the collection, transportation, treatment, storage, processing, or disposal of solid waste. (8647)

(3) "Natural disaster" means the occurrence of widespread or severe damage, injury, or loss of life or property related to any natural cause, including fire, flood, earthquake, wind, storm, or wave action, that results in a disaster declaration by the governor or a local disaster declaration by a county judge under Chapter 418, Government Code. (8648)

(4) "Person" means an individual, corporation, trust, partnership, association, or other private legal entity. (8649)

Added by Acts 2011, 82nd Leg., R.S., Ch. 979 (H.B. 1711), Sec. 1, eff. September 1, 2011. (8650)

Redesignated from Business and Commerce Code, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(2), eff. September 1, 2013. (8651)

Amended by: (8652)

Acts 2013, 83rd Leg., R.S., Ch. 270 (H.B. 762), Sec. 1, eff. September 1, 2013. (8653)

Sec. 58.002. APPLICABILITY OF CHAPTER. (8654)(1-click HTML)

(a) Except as provided by Subsection (b), this chapter applies to a contract between a person and a disaster remediation contractor for the performance of disaster remediation services on property owned or leased by the person. (8655)

(b) This chapter does not apply to a contract between a person and a disaster remediation contractor for the performance of disaster remediation services on property owned or leased by the person if the contractor maintains for at least one year preceding the date of the contract a physical business address in: (8656)

(1) the county in which the property is located; or (8657)

(2) a county adjacent to the county in which the property is located. (8658)

Added by Acts 2011, 82nd Leg., R.S., Ch. 979 (H.B. 1711), Sec. 1, eff. September 1, 2011. (8659)

Redesignated from Business and Commerce Code, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(2), eff. September 1, 2013. (8660)

Sec. 58.003. DISASTER REMEDIATION CONTRACT REQUIREMENTS; CERTAIN CONDUCT PROHIBITED. (8661)(1-click HTML)

(a) A contract subject to this chapter must be in writing. (8662)

(b) A disaster remediation contractor: (8663)

(1) may not require a person to make a full or partial payment under a contract before the contractor begins work; (8664)

(2) may not require that the amount of any partial payment under the contract exceed an amount reasonably proportionate to the work performed, including any materials delivered; and (8665)

(3) shall include in any contract for disaster remediation services the following statement in conspicuous, boldfaced type of at least 10 points in size: "This contract is subject to Chapter 58, Business & Commerce Code. A contractor may not require a full or partial payment before the contractor begins work and may not require partial payments in an amount that exceeds an amount reasonably proportionate to the work performed, including any materials delivered." (8666)

Added by Acts 2011, 82nd Leg., R.S., Ch. 979 (H.B. 1711), Sec. 1, eff. September 1, 2011. (8667)

Redesignated from Business and Commerce Code, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(2), eff. September 1, 2013. (8668)

Amended by: (8669)

Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(1), eff. September 1, 2013. (8670)

Sec. 58.004. DECEPTIVE TRADE PRACTICE. (8671)(1-click HTML)

A violation of this chapter by a disaster remediation contractor is a false, misleading, or deceptive act or practice as defined by Section 17.46(b), and any remedy under Subchapter E, Chapter 17, is available for a violation of this chapter. (8672)

Added by Acts 2011, 82nd Leg., R.S., Ch. 979 (H.B. 1711), Sec. 1, eff. September 1, 2011. (8673)

Redesignated from Business and Commerce Code, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(2), eff. September 1, 2013. (8674)

Sec. 58.005. WAIVER OF CHAPTER PROHIBITED. (8675)(1-click HTML)

A person may not waive this chapter by contract or other means. A purported waiver of this chapter is void. (8676)

Added by Acts 2011, 82nd Leg., R.S., Ch. 979 (H.B. 1711), Sec. 1, eff. September 1, 2011. (8677)

Redesignated from Business and Commerce Code, Chapter 57 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(2), eff. September 1, 2013. (8678)

TITLE 5. REGULATION OF BUSINESSES AND SERVICES (8679)(1-click HTML)

SUBTITLE A. GENERAL PRACTICES (8680)(1-click HTML)

CHAPTER 71. ASSUMED BUSINESS OR PROFESSIONAL NAME (8681)(1-click HTML)
Sec. 71.001. SHORT TITLE. (8682)(1-click HTML)

This chapter may be cited as the Assumed Business or Professional Name Act. (8683)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8684)

Sec. 71.002. DEFINITIONS. (8685)(1-click HTML)

In this chapter: (8686)

(1) "Address" means: (8687)

(A) a post office address; and (8688)

(B) a street address, if the street address is not the same as the post office address. (8689)

(2) "Assumed name" means: (8690)

(A) for an individual, a name that does not include the surname of the individual; (8691)

(B) for a partnership, a name that does not include the surname or other legal name of each joint venturer or general partner; (8692)

(C) for an individual or a partnership, a name, including a surname, that suggests the existence of additional owners by including words such as "Company," "& Company," "& Son," "& Sons," "& Associates," "Brothers," and similar words, but not words that merely describe the business being conducted or the professional service being rendered; (8693)

(D) for a limited partnership, a name other than the name stated in its certificate of formation; (8694)

(E) for a company, a name used by the company; (8695)

(F) for a corporation, a name other than the name stated in its certificate of formation or a comparable document; (8696)

(G) for a limited liability partnership, a name other than the name stated in its application filed with the office of the secretary of state or a comparable document; and (8697)

(H) for a limited liability company, a name other than the name stated in its certificate of formation or a comparable document, including the name of any series of the limited liability company established by its company agreement. (8698)

(3) "Certificate" means an assumed name certificate. (8699)

(4) "Company" means a real estate investment trust, a joint-stock company, or any other business, professional, or other association or legal entity that is not incorporated, other than a partnership, limited partnership, limited liability company, limited liability partnership, or foreign filing entity. (8700)

(5) "Corporation" means: (8701)

(A) a domestic or foreign corporation, professional corporation, professional association, or other corporation; or (8702)

(B) any other business, professional, or other association or legal entity that is incorporated. (8703)

(6) "Estate" means a person's property that is administered by a representative. (8704)

(6-a) "Foreign filing entity" means an entity formed under the laws of a jurisdiction other than this state that registers or is required by law to register with the secretary of state to conduct business or render professional services in this state under Chapter 9, Business Organizations Code. (8705)

(7) "Office" means: (8706)

(A) for a person that is not an individual or that is a corporation that is not required to or does not maintain a registered office in this state, the person's: (8707)

(i) principal office; and (8708)

(ii) principal place of business if not the same as the person's principal office; and (8709)

(B) for a corporation, limited partnership, limited liability partnership, limited liability company, or foreign filing entity that is required to maintain a registered office in this state, the entity's: (8710)

(i) registered office; and (8711)

(ii) principal office if not the same as the entity's registered office. (8712)

(8) "Partnership" means a joint venture or general partnership other than a limited partnership or a limited liability partnership. (8713)

(9) "Person" includes an individual, partnership, limited partnership, limited liability company, limited liability partnership, company, corporation, or foreign filing entity. (8714)

(10) "Registrant" means a person who has filed, or on whose behalf there has been filed, a certificate under this chapter or other law. (8715)

(11) "Representative" means a trustee, administrator, executor, independent executor, guardian, conservator, trustee in bankruptcy, receiver, or other person appointed by a court or by trust or will to have custody of, take possession of, have title to, or otherwise be empowered to control the person or property of any person. (8716)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8717)

Amended by: (8718)

Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 62, eff. September 1, 2009. (8719)

Acts 2013, 83rd Leg., R.S., Ch. 312 (H.B. 1624), Sec. 1, eff. September 1, 2013. (8720)

Sec. 71.003. APPLICABILITY OF CHAPTER. (8721)(1-click HTML)

(a) This chapter does not apply to an insurer authorized to engage in business in this state and described in Subchapter A, Chapter 805, Insurance Code, except as specifically provided by the Insurance Code. (8722)

(b) This chapter does not require a corporation, limited partnership, limited liability partnership, limited liability company, or foreign filing entity or its shareholders, associates, partners, or members to file a certificate to conduct business or render a professional service in this state under the name of the entity as stated in the certificate of formation, application filed with the office of the secretary of state, or other comparable document of the entity. (8723)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8724)

Amended by: (8725)

Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 63, eff. September 1, 2009. (8726)

SUBCHAPTER B. REQUIREMENTS APPLICABLE TO CERTAIN UNINCORPORATED PERSONS (8727)(1-click HTML)
Sec. 71.051. CERTIFICATE FOR CERTAIN UNINCORPORATED PERSONS. (8728)(1-click HTML)

A person must file a certificate under this subchapter if the person regularly conducts business or renders a professional service in this state under an assumed name other than as a corporation, limited partnership, limited liability partnership, limited liability company, or foreign filing entity. (8729)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8730)

Amended by: (8731)

Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 64, eff. September 1, 2009. (8732)

Sec. 71.052. CONTENTS OF CERTIFICATE. (8733)(1-click HTML)

The certificate must state: (8734)

(1) the assumed name under which the business is or is to be conducted or the professional service is or is to be rendered; (8735)

(2) if the registrant is: (8736)

(A) an individual, the individual's full name and residence address; (8737)

(B) a partnership: (8738)

(i) the venture or partnership name; (8739)

(ii) the venture or partnership office address; (8740)

(iii) the full name of each joint venturer or general partner; and (8741)

(iv) each joint venturer's or general partner's residence address if the venturer or partner is an individual or the joint venturer's or general partner's office address if the venturer or partner is not an individual; (8742)

(C) an estate: (8743)

(i) the name of the estate; (8744)

(ii) the estate's office address, if any; (8745)

(iii) the full name of each representative of the estate; and (8746)

(iv) each representative's residence address if the representative is an individual or the representative's office address if the representative is not an individual; (8747)

(D) a real estate investment trust: (8748)

(i) the name of the trust; (8749)

(ii) the address of the trust; (8750)

(iii) the full name of each trustee manager; and (8751)

(iv) each trustee manager's residence address if the trustee manager is an individual or the trustee manager's office address if the trustee manager is not an individual; or (8752)

(E) a company, other than a real estate investment trust: (8753)

(i) the name of the company; (8754)

(ii) the state, country, or other jurisdiction under the laws of which the company was organized; and (8755)

(iii) the company's office address; (8756)

(3) the period, not to exceed 10 years, during which the registrant will use the assumed name; and (8757)

(4) a statement specifying that the business that is or will be conducted or the professional service that is or will be rendered in the county under the assumed name is being or will be conducted or rendered as a proprietorship, sole practitioner, partnership, real estate investment trust, joint-stock company, or other form of unincorporated business or professional association or entity other than a limited partnership, limited liability company, limited liability partnership, or foreign filing entity. (8758)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8759)

Amended by: (8760)

Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 65, eff. September 1, 2009. (8761)

Sec. 71.053. EXECUTION OF CERTIFICATE. (8762)(1-click HTML)

(a) The certificate must be executed and acknowledged: (8763)

(1) by each individual whose name is required to be stated in the certificate or the individual's representative or attorney-in-fact; and (8764)

(2) under oath on behalf of each person whose name is required to be stated in the certificate and who is not an individual, by: (8765)

(A) the person's representative or attorney-in-fact; or (8766)

(B) a joint venturer, general partner, trustee manager, officer, or other person having authority regarding the person comparable to the person's representative or attorney-in-fact. (8767)

(b) A certificate executed and acknowledged by an attorney-in-fact must include a statement that the attorney has been authorized in writing by the attorney's principal to execute and acknowledge the certificate. (8768)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8769)

Sec. 71.054. PLACE OF FILING. (8770)(1-click HTML)

A person shall file the certificate in the office of the county clerk in each county in which the person: (8771)

(1) has or will maintain business or professional premises; or (8772)

(2) conducts business or renders a professional service, if the person does not or will not maintain business or professional premises in any county. (8773)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8774)

SUBCHAPTER C. REQUIREMENTS APPLICABLE TO INCORPORATED BUSINESS OR PROFESSION AND CERTAIN OTHER ENTITIES (8775)(1-click HTML)
Sec. 71.101. CERTIFICATE FOR INCORPORATED BUSINESS OR PROFESSION, LIMITED PARTNERSHIP, LIMITED LIABILITY PARTNERSHIP, LIMITED LIABILITY COMPANY, OR FOREIGN FILING ENTITY. (8776)(1-click HTML)

A corporation, limited partnership, limited liability partnership, limited liability company, or foreign filing entity must file a certificate under this subchapter if the entity: (8777)

(1) regularly conducts business or renders professional services in this state under an assumed name; or (8778)

(2) is required by law to use an assumed name in this state to conduct business or render professional services. (8779)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8780)

Amended by: (8781)

Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 66, eff. September 1, 2009. (8782)

Sec. 71.102. CONTENTS OF CERTIFICATE. (8783)(1-click HTML)

The certificate must state: (8784)

(1) the assumed name under which the business is or is to be conducted or the professional service is or is to be rendered; (8785)

(2) the registrant's name as stated in the registrant's certificate of formation or application filed with the office of the secretary of state or other comparable document; (8786)

(3) the state, country, or other jurisdiction under the laws of which the registrant was incorporated or organized; (8787)

(4) the period, not to exceed 10 years, during which the registrant will use the assumed name; (8788)

(5) a statement specifying that the registrant is: (8789)

(A) a for-profit corporation, nonprofit corporation, professional corporation, professional association, or other type of corporation; (8790)

(B) a limited partnership, limited liability partnership, or limited liability company; or (8791)

(C) another type of incorporated business, professional or other association, or legal entity, foreign or domestic; (8792)

(6) the street or mailing address of the registrant's principal office in this state or outside this state, as applicable; and (8793)

(7) the county or counties in this state where the registrant is or will be conducting business or rendering professional services under the assumed name. (8794)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8795)

Amended by: (8796)

Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 67, eff. September 1, 2009. (8797)

Acts 2013, 83rd Leg., R.S., Ch. 563 (S.B. 699), Sec. 1, eff. September 1, 2013. (8798)

Sec. 71.103. PLACE OF FILING. (8799)(1-click HTML)

(a) The corporation, limited partnership, limited liability partnership, limited liability company, or foreign filing entity shall file the certificate in the office of the secretary of state and in the office or offices of each county clerk as specified by Subsection (b) or (c). (8800)

(b) An entity that maintains a registered office in this state shall file the certificate in the office of the county clerk of the county in which the entity's: (8801)

(1) registered office is located, if the entity's principal office is not located in this state; or (8802)

(2) principal office is located, if the entity's principal office is located in this state. (8803)

(c) An entity that does not maintain a registered office in this state shall file the certificate: (8804)

(1) in the office of the county clerk of the county in which the entity's office in this state is located; or (8805)

(2) in the office of the county clerk of the county in which the entity's principal place of business in this state is located, if: (8806)

(A) the entity is not incorporated or organized under the laws of this state; and (8807)

(B) the county in which the entity's principal place of business in this state is located is not the same county where the entity's office is located. (8808)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8809)

Amended by: (8810)

Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 68, eff. September 1, 2009. (8811)

Sec. 71.104. EXECUTION OF CERTIFICATE. (8812)(1-click HTML)

(a) A certificate filed in the secretary of state's office must be executed by an officer, general partner, member, manager, or representative of or attorney-in-fact for the registrant. (8813)

(b) A certificate filed in a county clerk's office must be executed and acknowledged in the manner provided by Section 71.053 for a certificate filed under that section. (8814)

(c) A certificate executed by an attorney-in-fact must include a statement that the attorney has been authorized in writing by the attorney's principal to execute the certificate. (8815)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8816)

SUBCHAPTER D. GENERAL PROVISIONS REGARDING ASSUMED NAME CERTIFICATE (8817)(1-click HTML)
Sec. 71.151. DURATION AND RENEWAL OF CERTIFICATE. (8818)(1-click HTML)

(a) A certificate is effective for a term not to exceed 10 years from the date the certificate is filed. (8819)

(b) A certificate is void at the end of the certificate's stated term, unless within six months preceding the certificate's expiration date the registrant files in the office of a county clerk and the secretary of state, if applicable, a renewal certificate complying with the requirements of this chapter for an original certificate. (8820)

(c) A registrant may renew a certificate under this section for any number of successive terms, but each term may not exceed 10 years. (8821)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8822)

Sec. 71.152. MATERIAL CHANGE IN INFORMATION; NEW CERTIFICATE. (8823)(1-click HTML)

(a) Not later than the 60th day after an event occurs that causes the information in a certificate to become materially misleading, a registrant must file a new certificate complying with this chapter in the office in which the original or renewal certificate was filed. (8824)

(b) An event that causes the information in a certificate to become materially misleading includes: (8825)

(1) a change in the name, identity, entity, form of business or professional organization, or location of a registrant; (8826)

(2) for a proprietorship or sole practitioner, a change in ownership; or (8827)

(3) for a partnership: (8828)

(A) the admission of a new partner or joint venturer; or (8829)

(B) the end of a general partner's or joint venturer's association with the partnership. (8830)

(c) A new certificate filed under this section is effective for a term not to exceed 10 years from the date the certificate is filed. (8831)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8832)

Amended by: (8833)

Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 69, eff. September 1, 2009. (8834)

Sec. 71.153. ABANDONMENT OF USE OF BUSINESS OR PROFESSIONAL NAME. (8835)(1-click HTML)

(a) A registrant who has filed a certificate under this chapter and who ceases to conduct business or render professional services in this state under the assumed name stated in the certificate may file a statement of abandonment of use of the assumed name in the office in which the registrant's certificate was filed. (8836)

(b) The statement of abandonment of use of an assumed name must state: (8837)

(1) the assumed name being abandoned; (8838)

(2) the date on which the certificate was filed in the office in which the statement of abandonment is being filed and in any other office in which the certificate was filed; and (8839)

(3) the registrant's name and residence or office address as required for a certificate filed under this chapter. (8840)

(c) A statement of abandonment must be executed and acknowledged in the same manner as if the registrant were filing a certificate under this chapter. (8841)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8842)

Sec. 71.154. INDEX OF CERTIFICATES. (8843)(1-click HTML)

(a) The secretary of state and each county clerk shall keep an alphabetical index of: (8844)

(1) all assumed names that have been filed in the office of the respective officer; and (8845)

(2) the persons filing the certificates. (8846)

(b) A copy of a certificate or statement is presumptive evidence in any court in this state of the facts contained in the copy if the copy is certified to by: (8847)

(1) the county clerk in whose office the certificate or statement was filed; or (8848)

(2) the secretary of state. (8849)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8850)

Sec. 71.155. FILING FEES. (8851)(1-click HTML)

(a) Except as provided by Subsection (a-1), the county clerk shall collect a fee of: (8852)

(1) $2 for filing each certificate or statement required or permitted to be filed under this chapter; and (8853)

(2) 50 cents for each name to be indexed. (8854)

(a-1) The county clerk may waive all fees under Subsection (a) for a registrant who is a military veteran. In this subsection, "military veteran" has the meaning assigned by Section 55.001, Occupations Code. (8855)

(b) The secretary of state shall collect for the use of this state a fee of: (8856)

(1) $25 for indexing and filing each certificate or statement required or permitted to be filed under this chapter; and (8857)

(2) $10 for filing each statement of abandonment of use of an assumed name. (8858)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8859)

Amended by: (8860)

Acts 2017, 85th Leg., R.S., Ch. 262 (H.B. 1646), Sec. 1, eff. September 1, 2017. (8861)

Sec. 71.156. PRESCRIBED FORMS. (8862)(1-click HTML)

(a) The secretary of state may prescribe a form to be used for filing a certificate or statement that complies with this chapter in the secretary's office or in the office of any county clerk in this state. (8863)

(b) Unless otherwise specifically provided by law, the use of a form prescribed under this section is not mandatory. (8864)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8865)

Sec. 71.157. EFFECT OF FILING. (8866)(1-click HTML)

(a) This chapter does not give a registrant a right to use the assumed name in violation of the common or statutory law of unfair competition or unfair trade practices, common law copyright, or similar law. (8867)

(b) The filing of a certificate under this chapter does not in itself constitute actual use of the assumed name stated in the certificate for purposes of determining priority of rights. (8868)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8869)

Sec. 71.158. FILING OF REPRODUCTION. (8870)(1-click HTML)

(a) The secretary of state may accept for filing a photographic, photostatic, or similar reproduction of a signed original document required or authorized to be filed in the secretary's office under this chapter. (8871)

(b) A signature on a document required or authorized to be filed in the secretary of state's office under this chapter may be a facsimile. (8872)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8873)

SUBCHAPTER E. PENALTIES (8874)(1-click HTML)
Sec. 71.201. CIVIL ACTION; SANCTION. (8875)(1-click HTML)

(a) A person's failure to comply with this chapter does not impair the validity of any contract or act by the person or prevent the person from defending any action or proceeding in any court of this state, but the person may not maintain in a court of this state an action or proceeding arising out of a contract or act in which an assumed name was used until an original, new, or renewed certificate has been filed as required by this chapter. (8876)

(b) In an action or proceeding brought against a person who has not complied with this chapter, the court may award the plaintiff or other party bringing the action or proceeding expenses incurred, including attorney's fees, in locating and effecting service of process on the defendant. (8877)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8878)

Sec. 71.202. CRIMINAL PENALTY: GENERAL VIOLATION. (8879)(1-click HTML)

(a) A person commits an offense if the person: (8880)

(1) conducts business or renders a professional service in this state under an assumed name; and (8881)

(2) intentionally violates this chapter. (8882)

(b) An offense under this section is a Class A misdemeanor. (8883)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8884)

Sec. 71.203. CRIMINAL PENALTY: FRAUDULENT FILING. (8885)(1-click HTML)

(a) A person may not knowingly or intentionally sign and present for filing or cause to be presented for filing a document authorized or required to be filed under this chapter that: (8886)

(1) indicates that the person signing the document has the authority to act on behalf of the entity for which the document is presented and the person does not have that authority; (8887)

(2) contains a material false statement; or (8888)

(3) is forged. (8889)

(b) A person commits an offense if the person violates Subsection (a). An offense under this subsection is punishable as if it were an offense under Section 37.10, Penal Code. (8890)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8891)

CHAPTER 72. BUSINESS RECORDS (8892)(1-click HTML)
SUBCHAPTER A. DISPOSAL OF CERTAIN BUSINESS RECORDS (8893)(1-click HTML)
Sec. 72.001. DEFINITIONS. (8894)(1-click HTML)

In this subchapter: (8895)

(1) "Business record" means letters, words, sounds, or numbers, or the equivalent of letters, words, sounds, or numbers, recorded in the operation of a business by: (8896)

(A) handwriting; (8897)

(B) typewriting; (8898)

(C) printing; (8899)

(D) photostat; (8900)

(E) photograph; (8901)

(F) magnetic impulse; (8902)

(G) mechanical or electronic recording; (8903)

(H) digitized optical image; or (8904)

(I) another form of data compilation. (8905)

(2) "Personal identifying information" means an individual's first name or initial and last name in combination with one or more of the following: (8906)

(A) date of birth; (8907)

(B) social security number or other government-issued identification number; (8908)

(C) mother's maiden name; (8909)

(D) unique biometric data, including the individual's fingerprint, voice data, or retina or iris image; (8910)

(E) unique electronic identification number, address, or routing code; (8911)

(F) telecommunication access device as defined by Section 32.51, Penal Code, including debit or credit card information; or (8912)

(G) financial institution account number or any other financial information. (8913)

(3) "Reproduction" means a counterpart of an original business record produced by: (8914)

(A) production from the same impression or the same matrix as the original; (8915)

(B) photography, including an enlargement or miniature; (8916)

(C) mechanical or electronic rerecording; (8917)

(D) chemical reproduction; (8918)

(E) digitized optical imaging; or (8919)

(F) another technique that accurately reproduces the original. (8920)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8921)

Sec. 72.002. DESTRUCTION OF CERTAIN BUSINESS RECORDS. (8922)(1-click HTML)

(a) A business record required to be retained by a law of this state may be destroyed at any time after the third anniversary of the date the business record was created. (8923)

(b) Subsection (a) does not apply if a law or rule applicable to the business record prescribes a different retention period or procedure for disposal. (8924)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8925)

Sec. (8926)(1-click HTML)

state.tx.us/GetStatute.aspx?Code=BC&Value=72.003">72.003. RETENTION OF REPRODUCTION OF BUSINESS RECORDS. A law of this state that requires retention of a business record is satisfied by retention of a reproduction of the original record. (8927)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8928)

Sec. 72.004. DISPOSAL OF BUSINESS RECORDS CONTAINING PERSONAL IDENTIFYING INFORMATION. (8929)(1-click HTML)

(a) This section does not apply to: (8930)

(1) a financial institution as defined by 15 U.S.C. Section 6809; or (8931)

(2) a covered entity as defined by Section 601.001 or 602.001, Insurance Code. (8932)

(b) When a business disposes of a business record that contains personal identifying information of a customer of the business, the business shall modify, by shredding, erasing, or other means, the personal identifying information so as to make the information unreadable or undecipherable. (8933)

(c) A business is considered to comply with Subsection (b) if the business contracts with a person engaged in the business of disposing of records for the modification of personal identifying information on behalf of the business in accordance with that subsection. (8934)

(d) A business that disposes of a business record without complying with Subsection (b) is liable for a civil penalty in an amount not to exceed $500 for each business record. The attorney general may bring an action against the business to: (8935)

(1) recover the civil penalty; (8936)

(2) obtain any other remedy, including injunctive relief; and (8937)

(3) recover costs and reasonable attorney's fees incurred in bringing the action. (8938)

(e) A business that in good faith modifies a business record as required by Subsection (b) is not liable for a civil penalty under Subsection (d) if the business record is reconstructed, wholly or partly, through extraordinary means. (8939)

(f) Subsection (b) does not require a business to modify a business record if: (8940)

(1) the business is required to retain the business record under another law; or (8941)

(2) the business record is historically significant and: (8942)

(A) there is no potential for identity theft or fraud while the business retains custody of the business record; or (8943)

(B) the business record is transferred to a professionally managed historical repository. (8944)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8945)

SUBCHAPTER B. DELETION OF CERTAIN RECORDS OR INFORMATION RELATING TO CUSTOMERS' CHECKS (8946)(1-click HTML)
Sec. 72.051. REQUIRED DELETION OF CERTAIN ELECTRONIC RECORDS. (8947)(1-click HTML)

(a) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure. (8948)

(b) This section applies only to a business that accepts checks from customers in the ordinary course of business. This section does not apply to a financial institution as defined by 31 U.S.C. Section 5312(a)(2), as amended. (8949)

(c) A business shall delete any electronic record indicating that a customer has issued a dishonored check or any other information except for a checking account number or bank routing transit number on which the business bases a refusal to accept a check from a customer. The record must be deleted not later than the 30th day after the date: (8950)

(1) the customer and the business agree that the information contained in the electronic record is incorrect; or (8951)

(2) the customer presents to the business: (8952)

(A) a copy of a report filed by the customer with a law enforcement agency stating that the dishonored check was unauthorized; and (8953)

(B) a written statement of the customer indicating that the dishonored check was unauthorized. (8954)

(d) A business that violates Subsection (c) is liable to this state for a civil penalty in an amount not to exceed $1,000. The attorney general may: (8955)

(1) bring an action to recover the civil penalty; and (8956)

(2) recover reasonable expenses incurred in recovering the penalty, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses. (8957)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8958)

CHAPTER 73. REGISTRATION OF DENTAL SUPPORT ORGANIZATIONS (8959)(1-click HTML)
Sec. 73.001. DEFINITIONS. (8960)(1-click HTML)

In this chapter: (8961)

(1) "Business support services" means business, management, consulting, or administrative services, facilities, or staff provided for a dentist, including: (8962)

(A) office space, furnishings, and equipment; (8963)

(B) staff employed by the dental support organization; (8964)

(C) regulatory compliance; (8965)

(D) inventory or supplies, including dental equipment and supplies; (8966)

(E) information systems; (8967)

(F) marketing and advertising; (8968)

(G) financial services; (8969)

(H) accounting, bookkeeping, or monitoring or payment of accounts receivable; (8970)

(I) payroll or benefits administration; (8971)

(J) billing and collection for services and products; (8972)

(K) reporting and payment of federal or state taxes; (8973)

(L) administration of interest expense or indebtedness incurred to finance the operation of a business; or (8974)

(M) insurance services. (8975)

(2) "Dental support organization" means an entity that, under an agreement, provides two or more business support services to a dentist. (8976)

(3) "Dentist" means an individual licensed to practice dentistry in this state. (8977)

Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015. (8978)

Sec. 73.002. REGISTRATION REQUIRED. (8979)(1-click HTML)

(a) A dental support organization shall annually register with the secretary of state. (8980)

(b) A dental support organization's registration under this section is considered registration of any subsidiary, contractor, or affiliate of the dental support organization through or with which the dental support organization provides business support services. (8981)

Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015. (8982)

Sec. 73.003. EXEMPTIONS. (8983)(1-click HTML)

This chapter does not require registration by: (8984)

(1) an accountant providing only accounting services; (8985)

(2) an attorney providing only legal counsel; (8986)

(3) an insurance company or insurance agent providing only insurance policies to a business; and (8987)

(4) entities providing only investment and financial advisory services. (8988)

Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015. (8989)

Sec. 73.004. CONTENTS OF REGISTRATION; FEE. (8990)(1-click HTML)

(a) The registration required by Section 73.002 must include: (8991)

(1) the name and business address of the dental support organization; (8992)

(2) the name and business address of each dentist in this state with which the dental support organization has entered into an agreement to provide two or more business support services; (8993)

(3) the name of each dentist who owns 10 percent or more of the dental support organization; (8994)

(4) the name of each person who is not a dentist and owns 10 percent or more of the dental support organization; and (8995)

(5) a list of all business support services provided to each dentist. (8996)

(b) A registration and each corrected registration must be accompanied by a fee set by the secretary of state in an amount necessary to recover the costs of administering this chapter. (8997)

(c) A registration or corrected registration is not effective until the dental support organization pays the fee required by this section. (8998)

Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015. (8999)

Sec. 73.005. TIMING OF REGISTRATION; CORRECTION REQUIRED. (9000)(1-click HTML)

(a) Except as provided by Subsection (b), the registration required by Section 73.002 must be filed with the secretary of state not later than January 31 of each year for which the registration is effective. (9001)

(b) A dental support organization that initially meets the requirement for registration under Section 73.002 after January 31 shall file the registration required by that section not later than the 90th day after the date an agreement to provide business support services is executed. (9002)

(c) A dental support organization shall file a corrected registration each quarter as necessary. (9003)

Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015. (9004)

Sec. 73.006. FAILURE TO FILE REGISTRATION OR CORRECTION. (9005)(1-click HTML)

(a) A person who fails to file a registration or a corrected registration as required by this chapter is liable to the state for a civil penalty in an amount not to exceed $1,000. (9006)

(b) Each day a violation continues or occurs is a separate violation for the purpose of imposing the civil penalty. (9007)

(c) The attorney general shall file suit to collect the civil penalty provided by this section. The suit may be filed in Travis County or any county where the dental support organization provides business support services. (9008)

Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015. (9009)

Sec. 73.007. INTERAGENCY MEMORANDUM. (9010)(1-click HTML)

The secretary of state and the State Board of Dental Examiners shall enter into an interagency memorandum to share the information collected by the secretary of state under this chapter with the board. (9011)

Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015. (9012)

Sec. 73.008. APPLICABILITY. (9013)(1-click HTML)

This chapter does not limit nonclinical business support services that may be provided to a dentist by a dental support organization. (9014)

Added by Acts 2015, 84th Leg., R.S., Ch. 603 (S.B. 519), Sec. 1, eff. September 1, 2015. (9015)

SUBTITLE B. RENTAL PRACTICES (9016)(1-click HTML)

CHAPTER 91. PRIVATE PASSENGER VEHICLE RENTAL COMPANIES (9017)(1-click HTML)
Sec. 91.001. DEFINITIONS. (9018)(1-click HTML)

In this chapter: (9019)

(1) "Authorized driver" means: (9020)

(A) the renter; (9021)

(B) a person whom the rental company expressly designates on the rental agreement as an authorized driver; (9022)

(C) the renter's spouse if the spouse: (9023)

(i) holds a driver's license; and (9024)

(ii) satisfies any minimum age requirement established by the rental company; (9025)

(D) an employer, employee, or coworker of the renter if the person: (9026)

(i) holds a driver's license; (9027)

(ii) satisfies any minimum age requirement established by the rental company; and (9028)

(iii) is engaged in a business activity with the renter at the time of the rental; or (9029)

(E) a person who: (9030)

(i) holds a driver's license; and (9031)

(ii) is driving directly to a medical or police facility under circumstances reasonably believed to constitute an emergency. (9032)

(2) "Damage" means damage to or loss of a rented vehicle, regardless of fault involved in the damage or loss. The term includes: (9033)

(A) theft and loss of use; and (9034)

(B) any cost incident to the damage or loss, including storage, impound, towing, and administrative charges. (9035)

(3) "Damage waiver" means a rental company's agreement not to hold an authorized driver liable for all or part of any damage to a rented vehicle. (9036)

(4) "Mandatory charge" means a charge for an item or service provided in connection with a rental transaction, other than a charge imposed by law: (9037)

(A) that is in addition to the base rental rate; and (9038)

(B) that the renter may not avoid or decline. (9039)

(5) "Private passenger vehicle" means a motor vehicle of the private passenger type, including a passenger van, primarily intended for private use. (9040)

(6) "Rental agreement" means an agreement for 30 days or less that states the terms governing the use of a private passenger vehicle rented by a rental company. (9041)

(7) "Rental company" means a person in the business of renting private passenger vehicles to the public for 30 days or less. The term does not include a person who holds a license under Chapter 2301, Occupations Code, and whose primary business activity is not renting private passenger vehicles. (9042)

(8) "Renter" means a person who obtains use of a private passenger vehicle from a rental company under a rental agreement. (9043)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9044)

SUBCHAPTER B. DAMAGE WAIVERS AND MANDATORY CHARGES (9045)(1-click HTML)
Sec. 91.051. WRITTEN AGREEMENT REQUIRED FOR DAMAGE WAIVER. (9046)(1-click HTML)

A rental company may not sell a damage waiver unless the renter agrees to the damage waiver in writing at or before the time the rental agreement is executed. (9047)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9048)

Sec. 91.052. NOTICE TO RENTER. (9049)(1-click HTML)

(a) A rental company shall provide each renter who purchases a damage waiver, the charge for which is not included in the base rental rate, the following notice: (9050)

NOTICE: Your rental agreement offers, for an additional charge, an optional waiver to cover all or a part of your responsibility for damage to or loss of the vehicle. Before deciding whether to purchase the waiver, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for rental vehicle damage or loss and determine the amount of the deductible under your own insurance coverage. The purchase of the waiver is not mandatory. The waiver is not insurance. (9051)

(b) The notice under Subsection (a) must be in at least 10-point type. (9052)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9053)

Sec. 91.053. POSTED NOTICE. (9054)(1-click HTML)

In addition to providing the notice required by Section 91.052, a rental company shall post in a conspicuous location where the damage waiver is offered the following notice: (9055)

Notice to Texas Residents Regarding Damage Waivers (9056)

Your personal automobile insurance policy may or may not provide coverage for your responsibility for the loss of or damage to a rented vehicle during the rental term. Before deciding whether to purchase a damage waiver, you may wish to determine whether your automobile insurance policy provides you coverage for rental vehicle damage or loss. If you file a claim under your personal automobile insurance policy, your insurance company may choose to nonrenew your policy at your renewal date, but may do so only if you are at fault for the claim. (9057)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9058)

Sec. 91.054. PROHIBITED REPRESENTATIONS AND COERCION. (9059)(1-click HTML)

(a) An employee or agent of a rental company may not: (9060)

(1) make an oral or written representation that contradicts this chapter; or (9061)

(2) use coercive language or a coercive act in an attempt to persuade a renter to purchase a damage waiver. (9062)

(b) For purposes of this section, if the renter has declined the damage waiver, a further statement or question by the employee or agent that refers to the damage waiver, other than a statement made in conjunction with review of the rental agreement that the waiver has been declined, is considered coercive. (9063)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9064)

Sec. 91.055. MANDATORY CHARGE. (9065)(1-click HTML)

(a) A rental company that includes a mandatory charge in a rental agreement shall prominently display and fully disclose the charge: (9066)

(1) separately on the face of the agreement; and (9067)

(2) in all of the rental company's price advertising, price quotes, price offers, and price displays, including displays in computerized reservation systems. (9068)

(b) A rental company may not impose or require the purchase of a damage waiver as a mandatory charge. (9069)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9070)

Sec. 91.056. VOIDING OF DAMAGE WAIVER. (9071)(1-click HTML)

A rental company may not void a damage waiver unless: (9072)

(1) an authorized driver causes the damage intentionally or by wilful and wanton misconduct; (9073)

(2) the damage arises out of use of the vehicle: (9074)

(A) by a person: (9075)

(i) who is not an authorized driver; (9076)

(ii) while under the influence of an intoxicant that impairs driving ability, including alcohol, an illegal drug, or a controlled substance; or (9077)

(iii) while engaged in commission of a crime other than a traffic infraction; (9078)

(B) to carry persons or property for hire; (9079)

(C) to push or tow anything; (9080)

(D) for driver's training; (9081)

(E) to engage in a speed contest; or (9082)

(F) outside the continental United States, unless the rental agreement specifically authorizes the use; or (9083)

(3) the rental company entered into the rental transaction based on fraudulent information supplied by the renter. (9084)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9085)

SUBCHAPTER C. ENFORCEMENT PROVISIONS (9086)(1-click HTML)
Sec. 91.101. CIVIL PENALTY. (9087)(1-click HTML)

A rental company that violates this chapter is liable for a civil penalty in an amount of not less than $500 or more than $1,000 for each act of violation. (9088)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9089)

Sec. 91.102. INJUNCTION. (9090)(1-click HTML)

A person injured or threatened with injury by a violation of this chapter may seek injunctive relief against the person committing or threatening to commit the violation. (9091)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9092)

Sec. 91.103. SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF. (9093)(1-click HTML)

The attorney general or a county or district attorney may bring an action in the name of the state for a civil penalty under Section 91.101, injunctive relief under Section 91.102, or both. (9094)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9095)

CHAPTER 92. RENTAL-PURCHASE AGREEMENTS (9096)(1-click HTML)
Sec. 92.001. DEFINITIONS. (9097)(1-click HTML)

In this chapter: (9098)

(1) "Advertisement" means a commercial message in any medium that directly or indirectly promotes or assists a rental-purchase agreement. (9099)

(2) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 516, Sec. 2, eff. September 1, 2013. (9100)

(3) "Consumer" means an individual who leases personal property under a rental-purchase agreement. (9101)

(4) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 516, Sec. 2, eff. September 1, 2013. (9102)

(5) "Loss damage waiver" means a merchant's agreement to not hold a consumer liable for loss from all or part of any damage to merchandise. (9103)

(6) "Merchandise" means the personal property that is the subject of a rental-purchase agreement. (9104)

(7) "Merchant" means a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for the leasing of merchandise under a rental-purchase agreement. The term includes a person who is assigned an interest in a rental-purchase agreement. (9105)

(8) "Rental-purchase agreement" means an agreement under which a consumer may use merchandise for personal, family, or household purposes for an initial period of four months or less, and that: (9106)

(A) is automatically renewable with each payment after the initial period; and (9107)

(B) permits the consumer to become the owner of the merchandise. (9108)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9109)

Amended by: (9110)

Acts 2013, 83rd Leg., R.S., Ch. 516 (S.B. 289), Sec. 2, eff. September 1, 2013. (9111)

Sec. 92.002. ADVERTISEMENT REQUIREMENTS. (9112)(1-click HTML)

An advertisement for a rental-purchase agreement that refers to or states the amount of a payment or the right to acquire ownership of any one particular item under the agreement must clearly and conspicuously state: (9113)

(1) that the transaction advertised is a rental-purchase agreement; (9114)

(2) the total amount and number of payments necessary to acquire ownership; and (9115)

(3) that the consumer does not acquire ownership rights unless the merchandise is rented for a specified number of payment periods. (9116)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9117)

SUBCHAPTER B. FORM AND CONTENT OF AGREEMENTS (9118)(1-click HTML)
Sec. 92.051. FORM OF AGREEMENT. (9119)(1-click HTML)

(a) A rental-purchase agreement must be written in: (9120)

(1) plain English; and (9121)

(2) any other language used by the merchant in an advertisement related to the agreement. (9122)

(b) A numerical amount included in a rental-purchase agreement must be stated in figures. (9123)

(c) A disclosure required by this chapter must be printed or typed in each rental-purchase agreement in a size equal to at least 10-point boldfaced type. (9124)

(d) The attorney general shall provide a form agreement that may be used to satisfy the requirements of a rental-purchase agreement under this chapter. (9125)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9126)

Sec. 92.052. REQUIRED DISCLOSURES. (9127)(1-click HTML)

(a) A rental-purchase agreement must disclose: (9128)

(1) whether the merchandise is new or used; (9129)

(2) the price for which the merchant would have sold the merchandise to the consumer for cash on the date of the agreement; (9130)

(3) the amount and timing of payments; (9131)

(4) the total number of payments necessary and the total amount to be paid to acquire ownership of the merchandise; (9132)

(5) that the consumer does not acquire ownership rights unless the consumer complies with the ownership terms of the agreement; (9133)

(6) the amount and purpose of any payment, charge, or fee in addition to the regular periodic payments; and (9134)

(7) whether the consumer is liable for loss or damage to the merchandise and, if so, the maximum amount for which the consumer may be liable. (9135)

(b) Notice of the right to reinstate the agreement must be disclosed in the agreement. (9136)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9137)

Sec. 92.053. OTHER REQUIRED PROVISIONS. (9138)(1-click HTML)

A rental-purchase agreement must provide that: (9139)

(1) any charge in addition to periodic payments must be reasonably related to the service performed; and (9140)

(2) a consumer who fails to make a timely payment may reinstate an agreement, without losing any right or option previously acquired, by taking the required action before the later of: (9141)

(A) one week after the due date of the payment; or (9142)

(B) the number of days after the due date of the payment that is equal to half the number of days in a regular payment period. (9143)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9144)

Sec. 92.054. PROHIBITED PROVISIONS. (9145)(1-click HTML)

(a) A rental-purchase agreement may not: (9146)

(1) require a consumer to: (9147)

(A) pay a late charge or reinstatement fee except as provided by Section 92.055(b); (9148)

(B) make a payment at the end of the scheduled rental-purchase term in excess of or in addition to a regular periodic payment to acquire ownership of the merchandise; or (9149)

(C) purchase insurance or a loss damage waiver from the merchant to cover the merchandise; (9150)

(2) require a confession of judgment; (9151)

(3) authorize a merchant or an agent of the merchant to commit a breach of the peace in repossessing merchandise; or (9152)

(4) waive a defense, counterclaim, or right the consumer may have against the merchant or an agent of the merchant. (9153)

(b) A consumer may not in any event be required to pay a sum greater than the total amount to be paid to acquire ownership of the merchandise as disclosed under Section 92.052(a)(4). (9154)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9155)

Sec. 92.055. RESTRICTIONS ON LATE CHARGES AND REINSTATEMENT FEES. (9156)(1-click HTML)

(a) Only one late charge or reinstatement fee may be collected on a payment regardless of the period during which the payment remains in default. (9157)

(b) A rental-purchase agreement may require the consumer to pay a late charge or reinstatement fee only if: (9158)

(1) a periodic payment is delinquent for more than: (9159)

(A) seven days, if the payment is due monthly; or (9160)

(B) three days, if the payment is due more frequently than monthly; and (9161)

(2) the charge or fee is in an amount not less than $5 and not more than the lesser of: (9162)

(A) $10; or (9163)

(B) 10 percent of the delinquent payment. (9164)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9165)

SUBCHAPTER C. REPOSSESSION AND REINSTATEMENT (9166)(1-click HTML)
Sec. 92.101. MERCHANT'S REPOSSESSION RIGHT. (9167)(1-click HTML)

This chapter does not prevent a merchant from attempting repossession of merchandise during the reinstatement period. (9168)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9169)

Sec. 92.102. EFFECT OF REPOSSESSION DURING REINSTATEMENT PERIOD. (9170)(1-click HTML)

A consumer's right to reinstate a rental-purchase agreement is not affected by the merchant's repossession of the merchandise during the reinstatement period. (9171)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9172)

Sec. 92.103. EFFECT ON REINSTATEMENT PERIOD OF MERCHANDISE RETURN. (9173)(1-click HTML)

If merchandise is returned during the applicable reinstatement period, other than through judicial process, the right to reinstate the rental-purchase agreement is extended for a period of not less than 30 days after the date of return. (9174)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9175)

Sec. 92.104. MERCHANT'S DUTIES ON REINSTATEMENT. (9176)(1-click HTML)

(a) On reinstatement, the merchant shall provide the consumer with: (9177)

(1) the same merchandise; or (9178)

(2) substitute merchandise of comparable quality and condition. (9179)

(b) A merchant who provides the consumer with substitute merchandise shall also provide the consumer with the disclosures required by Section 92.052(a). (9180)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9181)

SUBCHAPTER D. LOSS DAMAGE WAIVERS (9182)(1-click HTML)
Sec. 92.151. CONTRACT FOR WAIVER. (9183)(1-click HTML)

In addition to other charges permitted by this chapter, a consumer may contract for a loss damage waiver. (9184)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9185)

Sec. 92.152. CHARGE FOR WAIVER. (9186)(1-click HTML)

A merchant may charge a periodic fee for a loss damage waiver in an amount not to exceed 10 percent of the periodic rental payment. (9187)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9188)

Sec. 92.153. RESTRICTIONS ON MERCHANT CONCERNING WAIVER. (9189)(1-click HTML)

A merchant may not: (9190)

(1) sell a loss damage waiver unless: (9191)

(A) the contract containing the waiver complies with this chapter; and (9192)

(B) the consumer agrees to the waiver in writing; or (9193)

(2) impose or require the purchase of a loss damage waiver as a mandatory charge. (9194)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9195)

Amended by: (9196)

Acts 2013, 83rd Leg., R.S., Ch. 516 (S.B. 289), Sec. 1, eff. September 1, 2013. (9197)

Sec. 92.154. REQUIRED NOTICE IN WAIVER. (9198)(1-click HTML)

A contract that offers a loss damage waiver must include the following notice: (9199)

"This contract offers an optional loss damage waiver for an additional charge to cover your responsibility for loss of or damage to the merchandise. You do not have to purchase this coverage. Before deciding whether or not to purchase this loss damage waiver, you may consider whether your homeowners' or casualty insurance policy affords you coverage for loss of or damage to rental merchandise and the amount of the deductible you would pay under your policy." (9200)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9201)

Sec. 92.155. STATEMENT OF TOTAL CHARGE. (9202)(1-click HTML)

A loss damage waiver agreement must include a statement of the total charge for the loss damage waiver. (9203)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9204)

Sec. 92.156. AUTHORIZED EXCLUSIONS. (9205)(1-click HTML)

A loss damage waiver may exclude: (9206)

(1) loss or damage to the merchandise that is caused by an unexplained disappearance or abandonment of the merchandise; (9207)

(2) damage that is intentionally caused by the consumer; or (9208)

(3) damage that results from the consumer's wilful or wanton misconduct. (9209)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9210)

Sec. 92.157. RELATIONSHIP TO INSURANCE. (9211)(1-click HTML)

A loss damage waiver is not insurance. (9212)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9213)

SUBCHAPTER E. CIVIL ENFORCEMENT (9214)(1-click HTML)
Sec. 92.201. ACTION FOR VIOLATION OF CHAPTER. (9215)(1-click HTML)

(a) A consumer damaged by a merchant's violation of this chapter is entitled to recover from the merchant: (9216)

(1) actual damages; (9217)

(2) an amount equal to 25 percent of the total amount of payments required to obtain ownership of the merchandise, except that the amount recovered under this subdivision may not be less than $250 or more than $1,000; and (9218)

(3) reasonable attorney's fees and court costs. (9219)

(b) A merchant is not liable under this section for a violation of this chapter caused by the merchant's error if, subject to Subsection (c), the merchant: (9220)

(1) provides the consumer written notice of the error; and (9221)

(2) makes adjustments in the consumer's account as necessary to ensure: (9222)

(A) the consumer will not be required to pay an amount in excess of the amount disclosed; and (9223)

(B) the agreement otherwise complies with this chapter. (9224)

(c) A merchant must take action under Subsection (b) before: (9225)

(1) the 31st day after the date the merchant discovers the error; and (9226)

(2) the merchant receives written notice of the error from the consumer or an action under this section is filed. (9227)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9228)

Sec. 92.202. DECEPTIVE TRADE PRACTICE. (9229)(1-click HTML)

A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17. (9230)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9231)

CHAPTER 93. LOSS DAMAGE WAIVERS FOR RENTAL OF CERTAIN HEAVY EQUIPMENT (9232)(1-click HTML)
Sec. 93.001. DEFINITIONS. (9233)(1-click HTML)

In this chapter: (9234)

(1) "Customer" means a person who rents heavy equipment under a rental agreement. (9235)

(2) "Heavy equipment" has the meaning assigned by Section 23.1241, Tax Code. (9236)

(3) "Heavy equipment loss damage waiver" means a merchant's agreement to not hold a customer liable for loss from all or part of any damage to heavy equipment. (9237)

(4) "Merchant" means a person who, in the ordinary course of business, regularly rents, offers to rent, or arranges for the rental of heavy equipment under a rental agreement. (9238)

(5) "Rental agreement" means an agreement under which a customer pays a fee or other consideration to rent heavy equipment. (9239)

Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015. (9240)

Sec. 93.002. CONTRACT FOR LOSS DAMAGE WAIVER. (9241)(1-click HTML)

A customer may contract with a merchant for a heavy equipment loss damage waiver in connection with a rental agreement. (9242)

Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015. (9243)

Sec. 93.003. RESTRICTIONS ON MERCHANT CONCERNING WAIVER. (9244)(1-click HTML)

A merchant may not: (9245)

(1) sell a heavy equipment loss damage waiver unless: (9246)

(A) the contract containing the waiver complies with this chapter; and (9247)

(B) the customer agrees to the waiver in writing; or (9248)

(2) impose or require the purchase of a heavy equipment loss damage waiver as a condition of entering into a rental agreement. (9249)

Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015. (9250)

Sec. 93.004. REQUIRED NOTICE. (9251)(1-click HTML)

A contract that offers a heavy equipment loss damage waiver must include the following notice: (9252)

"This contract offers an optional loss damage waiver for an additional charge to cover your responsibility for loss of or damage to the heavy equipment. You do not have to purchase this coverage. Before deciding whether to purchase this loss damage waiver, you may consider whether your insurance policies afford you coverage for loss of or damage to the heavy equipment rented and the amount of the deductible you would pay under your policies." (9253)

Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015. (9254)

Sec. 93.005. STATEMENT OF TOTAL CHARGE. (9255)(1-click HTML)

A heavy equipment loss damage waiver agreement must include a statement of the total charge for the waiver. (9256)

Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015. (9257)

Sec. 93.006. AUTHORIZED EXCLUSIONS. (9258)(1-click HTML)

A heavy equipment loss damage waiver may exclude: (9259)

(1) loss of or damage to the heavy equipment that is caused by an unexplained disappearance or abandonment of the heavy equipment; (9260)

(2) damage that is intentionally caused by the customer; or (9261)

(3) damage that results from the customer's wilful or wanton misconduct. (9262)

Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015. (9263)

Sec. 93.007. RELATIONSHIP TO INSURANCE. (9264)(1-click HTML)

A heavy equipment loss damage waiver is not insurance. (9265)

Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015. (9266)

Sec. 93.008. CIVIL PENALTY. (9267)(1-click HTML)

A merchant that violates this chapter is liable for a civil penalty in an amount of not less than $500 or more than $1,000 for each act of violation. (9268)

Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015. (9269)

Sec. 93.009. INJUNCTIVE RELIEF. (9270)(1-click HTML)

A person injured or threatened with injury by a violation of this chapter may seek injunctive relief against the person committing or threatening to commit the violation. (9271)

Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015. (9272)

Sec. 93.010. SUIT FOR CIVIL PENALTY OR INJUNCTIVE RELIEF. (9273)(1-click HTML)

The attorney general or a county or district attorney may bring an action in the name of the state for a civil penalty under Section 93.008, injunctive relief under Section 93.009, or both. (9274)

Added by Acts 2015, 84th Leg., R.S., Ch. 403 (H.B. 2052), Sec. 1, eff. September 1, 2015. (9275)

SUBTITLE C. BUSINESS OPERATIONS (9276)(1-click HTML)

CHAPTER 101. INTERNATIONAL MATCHMAKING ORGANIZATIONS (9277)(1-click HTML)
Sec. 101.001. DEFINITIONS. (9278)(1-click HTML)

In this chapter: (9279)

(1) "Basic rights information" means information applicable to a noncitizen, including information about human rights, immigration, and emergency assistance and resources. (9280)

(2) "Client" means a person who is a resident of the United States and who contracts with an international matchmaking organization to meet recruits. (9281)

(3) "Criminal history record information" means criminal history record information obtained from the Department of Public Safety under Subchapter F, Chapter 411, Government Code, and from the Federal Bureau of Investigation under Section 411.087, Government Code. (9282)

(4) "International matchmaking organization" means a corporation, partnership, sole proprietorship, or other legal entity that does business in the United States and offers to residents of this state dating, matrimonial, or social referral services involving recruits by: (9283)

(A) exchanging names, telephone numbers, addresses, or statistics; (9284)

(B) selecting photographs; or (9285)

(C) providing a social environment for introducing clients to recruits in a country other than the United States. (9286)

(5) "Marital history information" means a declaration of a person's current marital status, the number of times the person has been married, and whether any marriage occurred as a result of receiving services from an international matchmaking organization. (9287)

(6) "Recruit" means a person who: (9288)

(A) is not a citizen or resident of the United States; and (9289)

(B) is recruited by an international matchmaking organization for the purpose of providing dating, matrimonial, or social referral services. (9290)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9291)

Sec. 101.002. PROVIDING CRIMINAL HISTORY, MARITAL HISTORY, AND BASIC RIGHTS INFORMATION. (9292)(1-click HTML)

(a) An international matchmaking organization shall provide each recruit with the criminal history record information and marital history information of the organization's clients and with basic rights information. (9293)

(b) The information under Subsection (a) must: (9294)

(1) be in the recruit's native language; and (9295)

(2) be displayed in a manner that: (9296)

(A) separates the criminal history record information, the marital history information, and the basic rights information from any other information; and (9297)

(B) is highly noticeable. (9298)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9299)

Sec. 101.003. PROVIDING ADDITIONAL CRIMINAL HISTORY, MARITAL HISTORY, AND BASIC RIGHTS INFORMATION. (9300)(1-click HTML)

(a) An international matchmaking organization shall disseminate to a recruit the criminal history record information and marital history information of a client and the basic rights information not later than the 30th day after the date the organization receives the criminal history record information and the marital history information from the client. (9301)

(b) The international matchmaking organization shall provide the information to the recruit in the recruit's native language. The organization shall pay the costs incurred to translate the information. (9302)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9303)

Sec. 101.004. OBTAINING CRIMINAL HISTORY RECORD INFORMATION AND MARITAL HISTORY INFORMATION. (9304)(1-click HTML)

(a) A client shall: (9305)

(1) obtain a copy of the client's own criminal history record information; (9306)

(2) provide the criminal history record information to the international matchmaking organization; and (9307)

(3) provide the client's own marital history information to the international matchmaking organization. (9308)

(b) The international matchmaking organization shall require the client to affirm that the marital history information is complete and accurate and includes information regarding marriages, annulments, and dissolutions that occurred in another state or a foreign country. (9309)

(c) The international matchmaking organization may not provide any further services to the client or the recruit until the organization has: (9310)

(1) obtained the requested criminal history record information and marital history information; and (9311)

(2) provided the information to the recruit. (9312)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9313)

Sec. 101.005. CIVIL PENALTY. (9314)(1-click HTML)

(a) An international matchmaking organization that violates this chapter is subject to a civil penalty not to exceed $20,000 for each violation. (9315)

(b) In determining the amount of the civil penalty, the court shall consider: (9316)

(1) any previous violations of this chapter by the international matchmaking organization; (9317)

(2) the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation; (9318)

(3) the demonstrated good faith of the international matchmaking organization; and (9319)

(4) the amount necessary to deter future violations. (9320)

(c) The attorney general or the appropriate district or county attorney may bring an action under this section in the name of the state in a district court in: (9321)

(1) Travis County; or (9322)

(2) a county in which any part of the violation occurs. (9323)

(d) A penalty collected under this section by the attorney general or a district or county attorney shall be deposited in the state treasury to the credit of the compensation to victims of crime fund under Article 56.54, Code of Criminal Procedure. (9324)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9325)

CHAPTER 102. SEXUALLY ORIENTED BUSINESSES (9326)(1-click HTML)
SUBCHAPTER A. RESTRICTION ON OWNERS, OPERATORS, MANAGERS, OR EMPLOYEES OF SEXUALLY ORIENTED BUSINESSES (9327)(1-click HTML)
Sec. 102.001. DEFINITIONS. (9328)(1-click HTML)

In this subchapter: (9329)

(1) "Sex offender" means a person who has been convicted of or placed on deferred adjudication for an offense for which a person is subject to registration under Chapter 62, Code of Criminal Procedure. (9330)

(2) "Sexually oriented business" has the meaning assigned by Section 243.002, Local Government Code. (9331)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9332)

Amended by: (9333)

Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.003(a), eff. September 1, 2009. (9334)

Sec. 102.002. PROHIBITION ON CERTAIN ACTIVITIES BY SEX OFFENDER IN RELATION TO BUSINESS. (9335)(1-click HTML)

A sex offender may not: (9336)

(1) wholly or partly own a sexually oriented business; or (9337)

(2) serve as a director, officer, operator, manager, or employee of a sexually oriented business. (9338)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9339)

Sec. 102.003. PROHIBITION ON CERTAIN ACTIVITIES BY BUSINESS IN RELATION TO SEX OFFENDER. (9340)(1-click HTML)

If a sexually oriented business knows that a person is a sex offender, the business may not: (9341)

(1) contract with that person to operate or manage the business as an independent contractor; or (9342)

(2) employ that person as an officer, operator, manager, or other employee. (9343)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9344)

Sec. 102.004. INJUNCTION OR OTHER RELIEF. (9345)(1-click HTML)

(a) The attorney general or appropriate district or county attorney, in the name of the state, may bring an action for an injunction or other process against a person who violates or threatens to violate Section 102.002 or 102.003. (9346)

(b) The action may be brought in a district court in: (9347)

(1) Travis County; or (9348)

(2) a county in which any part of the violation or threatened violation occurs. (9349)

(c) The court may grant any prohibitory or mandatory relief warranted by the facts, including a temporary restraining order, temporary injunction, or permanent injunction. (9350)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9351)

Sec. 102.005. CRIMINAL PENALTIES. (9352)(1-click HTML)

(a) A sex offender commits an offense if the sex offender violates Section 102.002. (9353)

(b) A sexually oriented business commits an offense if the business violates Section 102.003. (9354)

(c) An offense under this section is a Class A misdemeanor. (9355)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9356)

SUBCHAPTER B. FEE IMPOSED ON CERTAIN SEXUALLY ORIENTED BUSINESSES (9357)(1-click HTML)
Sec. 102.051. DEFINITIONS. (9358)(1-click HTML)

In this subchapter: (9359)

(1) "Nude" means: (9360)

(A) entirely unclothed; or (9361)

(B) clothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the person is female, or any portion of the genitals or buttocks. (9362)

(2) "Sexually oriented business" means a nightclub, bar, restaurant, or similar commercial enterprise that: (9363)

(A) provides for an audience of two or more individuals live nude entertainment or live nude performances; and (9364)

(B) authorizes on-premises consumption of alcoholic beverages, regardless of whether the consumption of alcoholic beverages is under a license or permit issued under the Alcoholic Beverage Code. (9365)

Added by Acts 2007, 80th Leg., R.S., Ch. 1206 (H.B. 1751), Sec. 3, eff. January 1, 2008. (9366)

Renumbered from Business and Commerce Code, Section 47.051 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.004, eff. September 1, 2009. (9367)

Sec. 102.052. FEE BASED ON ADMISSIONS; RECORDS. (9368)(1-click HTML)

(a) A fee is imposed on a sexually oriented business in an amount equal to $5 for each entry by each customer admitted to the business. (9369)

(b) A sexually oriented business shall record daily in the manner required by the comptroller the number of customers admitted to the business. The business shall maintain the records for the period required by the comptroller and make the records available for inspection and audit on request by the comptroller. (9370)

(c) This section does not require a sexually oriented business to impose a fee on a customer of the business. A business has discretion to determine the manner in which the business derives the money required to pay the fee imposed under this section. (9371)

Added by Acts 2007, 80th Leg., R.S., Ch. 1206 (H.B. 1751), Sec. 3, eff. January 1, 2008. (9372)

Renumbered from Business and Commerce Code, Section 47.052 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.004, eff. September 1, 2009. (9373)

Sec. 102.053. REMISSION OF FEE; SUBMISSION OF REPORTS. (9374)(1-click HTML)

Each quarter, a sexually oriented business shall: (9375)

(1) remit the fee imposed by Section 47.052 to the comptroller in the manner prescribed by the comptroller; and (9376)

(2) file a report with the comptroller in the manner and containing the information required by the comptroller. (9377)

Added by Acts 2007, 80th Leg., R.S., Ch. 1206 (H.B. 1751), Sec. 3, eff. January 1, 2008. (9378)

Renumbered from Business and Commerce Code, Section 47.053 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.004, eff. September 1, 2009. (9379)

Sec. 102.054. ALLOCATION OF CERTAIN REVENUE FOR SEXUAL ASSAULT PROGRAMS. (9380)(1-click HTML)

The comptroller shall deposit the amounts received from the fee imposed under this subchapter to the credit of the sexual assault program fund. (9381)

Added by Acts 2007, 80th Leg., R.S., Ch. 1206 (H.B. 1751), Sec. 3, eff. January 1, 2008. (9382)

Renumbered from Business and Commerce Code, Section 47.054 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.004, eff. September 1, 2009. (9383)

Amended by: (9384)

Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 1, eff. September 1, 2015. (9385)

Sec. 102.056. ADMINISTRATION, COLLECTION, AND ENFORCEMENT. (9386)(1-click HTML)

The provisions of Subtitle B, Title 2, Tax Code, apply to the administration, payment, collection, and enforcement of the fee imposed by this chapter. (9387)

Added by Acts 2007, 80th Leg., R.S., Ch. 1206 (H.B. 1751), Sec. 3, eff. January 1, 2008. (9388)

Renumbered from Business and Commerce Code, Section 47.056 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 4.004, eff. September 1, 2009. (9389)

SUBCHAPTER C. NOTICE REQUIREMENTS ON PREMISES OF SEXUALLY ORIENTED BUSINESSES (9390)(1-click HTML)
Sec. 102.101. POSTING OF CERTAIN SIGN REQUIRED. (9391)(1-click HTML)

(a) A sexually oriented business shall post by the sink area in each restroom on the premises one sign that directs a victim of human trafficking to contact the National Human Trafficking Resource Center. Except as provided by Subsection (c), the sign must be 11 inches by 17 inches in size. (9392)

(b) The attorney general by rule shall prescribe the design, content, and manner of display of the sign required by this section. The sign must: (9393)

(1) be in both English and Spanish; and (9394)

(2) include the telephone number and Internet website of the National Human Trafficking Resource Center. (9395)

(c) The attorney general by rule may require the sign to: (9396)

(1) be in an additional language other than English or Spanish; (9397)

(2) be larger than 11 inches by 17 inches in size if the attorney general determines that a larger sign is appropriate; and (9398)

(3) include other information the attorney general considers necessary and appropriate. (9399)

Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 1, eff. September 1, 2017. (9400)

Text of section effective on March 01, 2019 (9401)

Sec. 102.102. CRIMINAL PENALTY. (9402)(1-click HTML)

(a) A person commits an offense if the person: (9403)

(1) is an owner or operator of a sexually oriented business; and (9404)

(2) fails to post the sign required by Section 102.101 in compliance with that section and rules adopted under that section. (9405)

(b) An offense under this section is a Class C misdemeanor. (9406)

Added by Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 1, eff. September 1, 2017. (9407)

CHAPTER 103. APPRAISALS IMPROPERLY INDUCED BY MORTGAGE LENDERS (9408)(1-click HTML)
Sec. 103.001. DEFINITIONS. (9409)(1-click HTML)

In this chapter: (9410)

(1) "Lender" means a person who lends money for or invests money in mortgage loans. (9411)

(2) "Mortgage loan" means a loan secured by a deed of trust, security deed, or other lien on real property. (9412)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9413)

Sec. 103.002. CRIMINAL PENALTY. (9414)(1-click HTML)

(a) A lender commits an offense if in connection with a mortgage loan transaction the lender pays or offers to pay a person, including an individual licensed or certified by the Texas Appraiser Licensing and Certification Board or the Texas Real Estate Commission, a fee or other consideration for appraisal services and the payment: (9415)

(1) is contingent on a minimum, maximum, or pre-agreed estimate of value of property securing the loan; and (9416)

(2) interferes with the person's ability or obligation to provide an independent and impartial opinion of the property's value. (9417)

(b) An offense under this section is a Class A misdemeanor. (9418)

(c) An instruction a lender gives to a real estate appraiser regarding a legal or other regulatory requirement for the appraisal of property, or any other communication between a lender or real estate appraiser necessary or appropriate under a law, regulation, or underwriting standard applicable to a real estate appraisal, does not constitute interference by a lender for purposes of Subsection (a)(2). (9419)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9420)

CHAPTER 104. RESTRICTIONS ON CHARGES BY MOTOR FUEL FRANCHISORS (9421)(1-click HTML)
Sec. 104.001. DEFINITIONS. (9422)(1-click HTML)

In this chapter: (9423)

(1) "Franchise": (9424)

(A) includes: (9425)

(i) a contract under which a distributor or retailer is authorized to occupy marketing premises in connection with the sale, consignment, or distribution of motor fuel under a trademark owned or controlled by a franchisor-refiner or by a refiner who supplies motor fuel to a distributor who authorizes the occupancy; (9426)

(ii) a contract relating to the supply of motor fuel to be sold, consigned, or distributed under a trademark owned or controlled by a refiner; and (9427)

(iii) the unexpired portion of any franchise transferred or assigned under the franchise provisions or any applicable provision of state or federal law authorizing the transfer or assignment regardless of the franchise provisions; and (9428)

(B) does not include a contract: (9429)

(i) that is made in the distribution of motor fuels through a card-lock or key-operated pumping system; and (9430)

(ii) to which a refiner or producer of the motor fuel is not a party. (9431)

(2) "Franchisee" means a distributor or retailer who is authorized under a franchise to use a trademark in connection with the sale, consignment, or distribution of motor fuel. (9432)

(3) "Franchisor" means a refiner or distributor who authorizes under a franchise the use of a trademark in connection with the sale, consignment, or distribution of motor fuel. (9433)

(4) "Motor fuel" includes diesel fuel and gasoline: (9434)

(A) delivered to a service station by a franchisor; and (9435)

(B) usable as a propellant of a motor vehicle. (9436)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9437)

Sec. 104.002. PROHIBITED FEES, CHARGES, AND DISCOUNTS. (9438)(1-click HTML)

(a) For purposes of this section, wholesale price is computed by adding to the invoice price or purchase price per gallon charged to a franchisee who buys motor fuel any excise tax paid by the buyer and any reasonable freight charges paid by the buyer, and subtracting that portion of any refund, rebate, or subsidy not designed to offset the fee, charge, or discount described by this section. (9439)

(b) Except as provided by Subsection (c), a franchisor may not require a franchisee to pay to the franchisor a fee, charge, or discount for: (9440)

(1) honoring a credit card issued by the franchisor; or (9441)

(2) submitting to the franchisor, for payment or credit to the franchisee's account, documents or other evidence of indebtedness of the holder of a credit card issued by the franchisor. (9442)

(c) A franchisor may require a franchisee to pay the fee, charge, or discount if the franchisor, in consideration of competitive prices in the relevant market, has adjusted the wholesale prices charged or rebates credited to franchisees for motor fuel by amounts that on average for franchisees in this state substantially offset the fee, charge, or discount. (9443)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9444)

Sec. 104.003. CIVIL ACTION. (9445)(1-click HTML)

(a) A franchisee may bring a civil action against a franchisor who violates Section 104.002, without regard to the amount in controversy, in the district court in any county in which the franchisor or franchisee transacts business. An action under this section must be commenced and prosecuted not later than the second anniversary of the date the cause of action accrues against the franchisor. (9446)

(b) The court shall award to a franchisee who prevails in an action under this section: (9447)

(1) the amount of actual damages; (9448)

(2) equitable relief as determined by the court to be necessary to remedy the effects of the franchisor's violation of Section 104.002, including a declaratory judgment, permanent injunctive relief, and temporary injunctive relief; and (9449)

(3) court costs and attorney's fees that are reasonable in relation to the amount of work expended. (9450)

(c) In addition to the remedies provided under Subsection (b), on finding that the defendant wilfully and knowingly committed the violation, the trier of fact shall award not more than three times the amount of actual damages. (9451)

(d) In an action under this section, the franchisor has the burden of establishing the offset described by Section 104.002 as an affirmative defense. (9452)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9453)

CHAPTER 105. REFUELING SERVICES FOR PERSONS WITH DISABILITIES (9454)(1-click HTML)
Sec. 105.001. DEFINITIONS. (9455)(1-click HTML)

(a) In this chapter: (9456)

(1) "Refueling service" means the service of pumping motor vehicle fuel into the fuel tank of a motor vehicle. (9457)

(2) "Service station" means a gasoline service station or other facility that offers gasoline or other motor vehicle fuel for sale to the public from the facility. (9458)

(b) In this chapter, with respect to the operation of a service station, "person" means an individual, firm, partnership, association, trustee, or corporation. (9459)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9460)

Sec. 105.002. APPLICABILITY OF CHAPTER. (9461)(1-click HTML)

(a) This chapter applies to a service station that ordinarily provides pump island service, except that such a service station is not required to provide refueling service under this chapter during any regularly scheduled hours during which, for security reasons, the service station does not provide pump island service. (9462)

(b) This chapter does not apply to: (9463)

(1) a service station or other facility that: (9464)

(A) never provides pump island service; and (9465)

(B) has only remotely controlled pumps; or (9466)

(2) a refueling service used to provide liquefied gas, as defined by Section 162.001, Tax Code. (9467)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9468)

Sec. 105.003. REFUELING SERVICES. (9469)(1-click HTML)

(a) A person who operates a service station shall provide, on request, refueling service to a person with a disability who is the driver of a vehicle and displays: (9470)

(1) a license plate issued under Section 504.201 or 504.203, Transportation Code; or (9471)

(2) a disabled parking placard issued under Section 681.004, Transportation Code. (9472)

(b) The price charged for motor vehicle fuel provided under Subsection (a) may not exceed the price the service station would otherwise generally charge the public for the purchase of motor vehicle fuel without refueling service. (9473)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9474)

Sec. 105.004. NOTICE. (9475)(1-click HTML)

(a) The Department of Agriculture shall provide a notice that states the provisions of this chapter to each person who operates a service station. (9476)

(b) The Texas Department of Motor Vehicles shall provide a notice that states the provisions of this chapter to each person with a disability who is issued: (9477)

(1) license plates under Section 504.201, Transportation Code; or (9478)

(2) a disabled parking placard under Section 681.004, Transportation Code. (9479)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9480)

Amended by: (9481)

Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3A.02, eff. September 1, 2009. (9482)

Sec. 105.005. OFFENSE; PENALTY. (9483)(1-click HTML)

(a) A person commits an offense if the person violates Section 105.003 and the person is: (9484)

(1) a manager responsible for setting the service policy of a service station subject to this chapter; or (9485)

(2) an employee acting independently against the established service policy of the service station. (9486)

(b) An offense under this section is a Class C misdemeanor. (9487)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9488)

Sec. 105.006. ENFORCEMENT. (9489)(1-click HTML)

In addition to enforcement by the prosecuting attorney who represents the state, this chapter may be enforced by the attorney general. (9490)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (9491)

CHAPTER 106. INTERNET DATING SAFETY ACT (9492)(1-click HTML)
Sec. 106.001. DEFINITIONS. (9493)(1-click HTML)

In this chapter: (9494)

(1) "Member" means a person who submits to an online dating service provider the information required by the provider to access the provider's service for the purpose of engaging in dating or participating in a compatibility evaluation with other persons. (9495)

(2) "Online dating service provider" means a person engaged in the business of offering or providing to its members access to dating or compatibility evaluations between persons through the Internet to arrange or facilitate the social introduction of two or more persons for the purpose of promoting the meeting of individuals. (9496)

(3) "Texas member" means a member who provides a billing address or zip code in this state when registering with the online dating service provider. (9497)

Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011. (9498)

Sec. 106.002. APPLICABILITY OF CHAPTER. (9499)(1-click HTML)

This chapter does not apply to an Internet service provider serving as an intermediary for the transmission of electronic messages between members of an online dating service provider. (9500)

Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011. (9501)

Sec. 106.003. CONDUCT OF CRIMINAL BACKGROUND CHECK. (9502)(1-click HTML)

(a) For purposes of this chapter, an online dating service provider conducts a criminal background check on a person if the provider initiates a name search for the person's convictions for any: (9503)

(1) felony offense; (9504)

(2) offense the conviction or adjudication of which requires registration as a sex offender under Chapter 62, Code of Criminal Procedure; and (9505)

(3) offense for which an affirmative finding of family violence was made under Article 42.013, Code of Criminal Procedure. (9506)

(b) The name search described by Subsection (a) must be conducted by searching: (9507)

(1) available and regularly updated government public record databases for criminal conviction records described by Subsections (a)(1)-(3) that in the aggregate provide substantially national coverage of those records; or (9508)

(2) regularly updated databases that contain at least the same or substantially similar coverage as would be accessible through searching databases described by Subdivision (1). (9509)

Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011. (9510)

Sec. 106.004. DISCLOSURE BY PROVIDER THAT DOES NOT CONDUCT CRIMINAL BACKGROUND CHECK. (9511)(1-click HTML)

(a) An online dating service provider that offers services to residents of this state and does not conduct a criminal background check on each member before permitting a Texas member to communicate through the provider with another member shall clearly and conspicuously disclose to all Texas members that the provider does not conduct criminal background checks, as described by Section 106.003. (9512)

(b) The disclosure required by this section must be stated in bold, capital letters, in at least 12-point type on the online dating service provider's Internet website. (9513)

Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011. (9514)

Sec. 106.005. DISCLOSURES BY PROVIDER THAT CONDUCTS CRIMINAL BACKGROUND CHECKS. (9515)(1-click HTML)

(a) An online dating service provider that offers services to residents of this state and conducts a criminal background check on each member before permitting a Texas member to communicate through the provider with another member shall clearly and conspicuously disclose to all Texas members that the provider conducts a criminal background check, as described by Section 106.003, on each member before permitting a Texas member to communicate through the provider with another member. (9516)

(b) An online dating service provider that offers services to residents of this state and conducts a criminal background check on each member shall include on the provider's Internet website: (9517)

(1) a statement of whether the provider excludes from its online dating service all persons identified as having been convicted of: (9518)

(A) a felony offense; (9519)

(B) an offense the conviction or adjudication of which requires registration as a sex offender under Chapter 62, Code of Criminal Procedure; or (9520)

(C) an offense for which an affirmative finding of family violence was made under Article 42.013, Code of Criminal Procedure; (9521)

(2) a statement of the number of years of a member's criminal history that is included in a criminal background check; and (9522)

(3) a statement that: (9523)

(A) criminal background checks are not foolproof; (9524)

(B) criminal background checks may give members a false sense of security; (9525)

(C) criminal background checks are not a perfect safety solution; (9526)

(D) criminals may circumvent even the most sophisticated search technology; (9527)

(E) not all criminal records are public in all states and not all databases are up to date; (9528)

(F) only publicly available convictions are included in the criminal background check; and (9529)

(G) the criminal background check does not cover other types of convictions than convictions for offenses described by Section 106.003(a) or any convictions from foreign countries. (9530)

(c) A disclosure required by Subsection (a) must be stated in bold, capital letters in at least 12-point type on the online dating service provider's Internet website. (9531)

Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011. (9532)

Sec. 106.006. SAFETY AWARENESS DISCLOSURE BY ALL PROVIDERS. (9533)(1-click HTML)

An online dating service provider that offers services to residents of this state shall clearly and conspicuously provide a safety awareness notification on the provider's Internet website that includes a list and description of safety measures reasonably designed to increase awareness of safer online dating practices. Examples of the safety awareness notification include the following statements or substantially similar statements: (9534)

(1) "Anyone who is able to commit identity theft can also falsify a dating profile."; (9535)

(2) "There is no substitute for acting with caution when communicating with any stranger who wants to meet you."; (9536)

(3) "Never include your last name, e-mail address, home address, phone number, place of work, or any other identifying information in your Internet profile or initial e-mail messages. Stop communicating with anyone who pressures you for personal or financial information or attempts in any way to trick you into revealing it."; and (9537)

(4) "If you choose to have a face-to-face meeting with another member, always tell someone in your family or a friend where you are going and when you will return. Never agree to be picked up at your home. Always provide your own transportation to and from your date and meet in a public place with many people around." (9538)

Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011. (9539)

Sec. 106.007. CIVIL PENALTY; INJUNCTION. (9540)(1-click HTML)

(a) An online dating service provider who violates this chapter is liable to the state for a civil penalty in an amount not to exceed $250 for each Texas member registered with the online dating service provider during the time of the violation. (9541)

(b) The attorney general may: (9542)

(1) seek an injunction to prevent or restrain a violation of this chapter; or (9543)

(2) bring suit to recover the civil penalty imposed under Subsection (a). (9544)

(c) The attorney general may recover reasonable expenses incurred in obtaining an injunction or civil penalty under this section, including court costs and reasonable attorney's fees. (9545)

Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011. (9546)

Sec. 106.008. NO PRIVATE RIGHT OF ACTION. (9547)(1-click HTML)

This chapter does not create a private right of action. (9548)

Added by Acts 2011, 82nd Leg., R.S., Ch. 27 (S.B. 488), Sec. 1, eff. September 1, 2011. (9549)

CHAPTER 107. PAY-TO-PARK AND VALET PARKING SERVICES (9550)(1-click HTML)
Sec. 107.001. DEFINITIONS. (9551)(1-click HTML)

In this chapter: (9552)

(1) "Pay-to-park service" means a business that provides a place to park the motor vehicles of patrons of a public accommodation in a garage, lot, or other facility for a fee. (9553)

(2) "Public accommodation" means any: (9554)

(A) inn, hotel, or motel; (9555)

(B) restaurant, cafeteria, or other facility principally engaged in selling food for consumption on the premises; (9556)

(C) bar, nightclub, or other facility engaged in selling alcoholic beverages for consumption on the premises; (9557)

(D) motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment; or (9558)

(E) other facility used by or open to members of the public. (9559)

(3) "Valet parking service" means a parking service through which the motor vehicles of patrons of a public accommodation are parked for a fee by a third party who is not an employee of the public accommodation. (9560)

Added by Acts 2011, 82nd Leg., R.S., Ch. 164 (H.B. 2468), Sec. 1, eff. September 1, 2011. (9561)

Redesignated from Business and Commerce Code, Chapter 106 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(3), eff. September 1, 2013. (9562)

Sec. 107.002. APPLICABILITY OF CHAPTER. (9563)(1-click HTML)

This chapter does not apply to a pay-to-park or valet parking service: (9564)

(1) operated by the owner of: (9565)

(A) a restaurant, cafeteria, or other facility principally engaged in selling food for consumption on the premises; or (9566)

(B) an inn, hotel, or motel; and (9567)

(2) provided exclusively to patrons of the public accommodation described by Subdivision (1). (9568)

Added by Acts 2011, 82nd Leg., R.S., Ch. 164 (H.B. 2468), Sec. 1, eff. September 1, 2011. (9569)

Redesignated from Business and Commerce Code, Chapter 106 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(3), eff. September 1, 2013. (9570)

Sec. 107.003. REQUIREMENT OF CONTACT INFORMATION. (9571)(1-click HTML)

(a) The receipt or claim ticket that an operator of a pay-to-park or valet parking service provides to a patron must state the name, address, and telephone number of the owner of the pay-to-park or valet parking service. (9572)

(b) If a pay-to-park service does not provide a patron with a receipt or claim ticket, the operator shall prominently display the name, address, and telephone number of the owner of the pay-to-park service on a sign on or immediately adjacent to the payment receptacle or other device for making payment for the service. (9573)

(c) For purposes of this section, "owner" does not include the owner of the property on which the pay-to-park or valet parking service is provided unless the service is also owned by the owner of the property. (9574)

Added by Acts 2011, 82nd Leg., R.S., Ch. 164 (H.B. 2468), Sec. 1, eff. September 1, 2011. (9575)

Redesignated from Business and Commerce Code, Chapter 106 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(3), eff. September 1, 2013. (9576)

Sec. 107.004. CIVIL PENALTY. (9577)(1-click HTML)

A pay-to-park or valet parking service that violates this chapter is subject to a civil penalty not to exceed $200 for each violation. (9578)

  

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