FrankGoortani/open-us-law huggingface dataset:
Tex. Business Organizations Code § 5.252 — TX Code / Code bo / Chapter 5 / Section 5.252
§ 5.252. SERVICE ON SECRETARY OF STATE.
Status: in_force

(a) Service on the secretary of state under Section 5.251 is effected by:

(1) delivering to the secretary duplicate copies of the process, notice, or demand; and

(2) accompanying the copies with any fee required by law, including this code or the Government Code, for:

(A) maintenance by the secretary of a record of the service; and

(B) forwarding by the secretary of the process, notice, or demand.

(b) Notice on the secretary of state under Subsection (a) is returnable in not less than 30 days.
Tex. Finance Code § 371.177 — TX Code / Code fi / Chapter 371 / Section 371.177
§ 371.177. PURCHASE OF USED PERSONAL PROPERTY.
Status: in_force

A pawnbroker may not purchase used personal property from a person other than another pawnbroker unless a record is established that contains:

(1) the seller's name, address, and physical description and a driver's license number, military identification number, identification certificate number, or other official number that can identify the seller;

(2) a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; and

(3) the seller's signed statement that the seller has the right to sell the property.
Tex. Code of Criminal Procedure § 18B.202 — TX Code / Code cr / Chapter 18B / Section 18B.202
§ 18B.202. ORDER AUTHORIZING INSTALLATION AND USE OF MOBILE TRACKING DEVICE.
Status: in_force

(a) A district judge may issue an order for the installation and use of a mobile tracking device only on the application of an authorized peace officer.

(b) An application must be written, signed, and sworn to before the judge.

(c) The affidavit must:

(1) state the name, department, agency, and address of the applicant;

(2) identify the vehicle, container, or item to which, in which, or on which the mobile tracking device is to be attached, placed, or otherwise installed;

(3) state the name of the owner or possessor of the vehicle, container, or item identified under Subdivision (2);

(4) state the judicial jurisdictional area in which the vehicle, container, or item identified under Subdivision (2) is expected to be found; and

(5) state the facts and circumstances that provide the applicant with probable cause to believe that:

(A) criminal activity has been, is, or will be committed; and

(B) the installation and use of a mobile tracking device is likely to produce information that is material to an ongoing criminal investigation of that criminal activity.
Tex. Government Code § 21.001 — TX Code / Code gv / Chapter 21 / Section 21.001
§ 21.001. INHERENT POWER AND DUTY OF COURTS.
Status: in_force

(a) A court has all powers necessary for the exercise of its jurisdiction and the enforcement of its lawful orders, including authority to issue the writs and orders necessary or proper in aid of its jurisdiction.

(b) A court shall require that proceedings be conducted with dignity and in an orderly and expeditious manner and control the proceedings so that justice is done.

(c) During a court proceeding a judge may not request that a person remove an item of religious apparel unless:

(1) a party in the proceeding objects to the wearing of the apparel; and

(2) the judge concludes that the wearing of the apparel will interfere with:

(A) the objecting party's right to a fair hearing; or

(B) the proper administration of justice; and

(3) no reasonable alternative exists under which the judge may:

(A) assure a fair hearing; and

(B) protect the fair administration of justice.
Tex. Special District Local Laws Code § 1110.114 — TX Code / Code sd / Chapter 1110 / Section 1110.114
§ 1110.114. FEE SCHEDULE FOR OUT-OF-DISTRICT RESIDENTS.
Status: in_force

The board may adopt a fee schedule for services rendered to out-of-district residents which may be different from the fee schedule for services rendered to district residents.
Tex. Special District Local Laws Code § 8807.104 — TX Code / Code sd / Chapter 8807 / Section 8807.104
§ 8807.104. LIMIT ON ISSUANCE OF BONDS.
Status: in_force

The district may not issue any bonds or other obligations that pledge revenue derived from district taxation.
Tex. Transportation Code § 502.145 — TX Code / Code tn / Chapter 502 / Section 502.145
§ 502.145. VEHICLES OPERATED BY CERTAIN NONRESIDENTS.
Status: in_force

(a) A nonresident owner of a privately owned passenger car that is registered in the state or country in which the person resides and that is not operated for compensation may operate the car in this state for the period in which the car's license plates are valid. In this subsection, "nonresident" means a resident of a state or country other than this state whose presence in this state is as a visitor and who does not engage in gainful employment or enter into business or an occupation, except as may otherwise be provided by any reciprocal agreement with another state or country.

(b) This section does not prevent:

(1) a nonresident owner of a motor vehicle from operating the vehicle in this state for the sole purpose of marketing farm products raised exclusively by the person; or

(2) a resident of an adjoining state or country from operating in this state a privately owned and registered vehicle to go to and from the person's place of regular employment and to make trips to purchase merchandise, if the vehicle is not operated for compensation.

(c) The privileges provided by this section may be allowed only if, under the laws of the appropriate state or country, similar privileges are granted to vehicles registered under the laws of this state and owned by residents of this state.

(d) This section does not affect the right or status of a vehicle owner under any reciprocal agreement between this state and another state or country.
Tex. Special District Local Laws Code § 8876.003 — TX Code / Code sd / Chapter 8876 / Section 8876.003
§ 8876.003. CONFIRMATION ELECTION REQUIRED.
Status: in_force

If the creation of the district is not confirmed at a confirmation election held under Section 8876.022 before December 31, 2018:

(1) the district is dissolved December 31, 2018, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be transferred to Reeves County; and

(C) the organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and

(2) this chapter expires December 31, 2020.
Tex. Health and Safety Code § 401.264 — TX Code / Code hs / Chapter 401 / Section 401.264
§ 401.264. NOTICE AND HEARING.
Status: in_force

(a) The commission on its own motion may or on the written request of a person affected shall provide an opportunity for a public hearing on an application over which the commission has jurisdiction to determine whether to issue, renew, or amend a license to process materials that produce by-product materials or a license to dispose of by-product materials in the manner provided by Chapter 2001, Government Code, and permit appearances with or without counsel and the examination and cross-examination of witnesses under oath.

(b) A person affected may become a party to a proceeding on a determination that the person possesses a justiciable interest in the result of the proceeding.

(c) The commission shall make a record of the proceedings and provide a transcript of the hearing on request of, and payment for, the transcript or provision of a sufficient deposit to assure payment by any person requesting the transcript.

(d) The commission shall provide an opportunity to obtain a written determination of action to be taken. The determination must be based on evidence presented to the commission and include findings. The written determination is available to the public.

(e) The determination is subject to judicial review in a district court of Travis County.
Tex. Health and Safety Code § 384.006 — TX Code / Code hs / Chapter 384 / Section 384.006
§ 384.006. LOCATION RESTRICTION.
Status: in_force

There shall not be more than one organization within a metropolitan statistical area or consolidated metropolitan statistical area.
Tex. Finance Code § 346.103 — TX Code / Code fi / Chapter 346 / Section 346.103
§ 346.103. FEES.
Status: in_force

(a) The following fees may be charged to or collected from a customer in connection with an account under this chapter:

(1) an annual fee not to exceed:

(A) $50 a year on an account with a credit limit of $5,000 or less;

(B) $75 a year on an account with a credit limit exceeding $5,000 but not exceeding $25,000; and

(C) $125 a year on an account with a credit limit exceeding $25,000;

(2) a late charge not to exceed the lesser of $15 or five percent of the payment due after the payment continues unpaid for 10 days or more after the date the payment is due, including Sundays and holidays;

(3) a cash advance charge not to exceed the greater of $2 or two percent of the cash advance;

(4) a returned check fee as provided for a loan agreement under Chapter 342 by Section 3.506, Business & Commerce Code; and

(5) a fee for exceeding a credit limit not to exceed the greater of $15 or five percent of the amount by which the credit limit is exceeded.

(b) A creditor may not charge, contract for, or receive interest on fees authorized under this section.

(c) A customer's monthly statement must contain the following notice printed or typed in at least 10-point type that is boldfaced, capitalized, underlined, or otherwise conspicuously set out from the surrounding written material: "A LATE CHARGE OF FIVE PERCENT OF THE PAYMENT DUE OR A MAXIMUM OF $15 WILL BE ASSESSED FOR A PAYMENT MADE 10 DAYS OR MORE AFTER THE DATE PAYMENT OF THIS BILL IS DUE."

(d) With respect to a revolving credit account secured by an interest in real property, a creditor may contract for, charge, and receive additional fees or charges permitted under Section 342.308 as if the revolving credit account were a secondary mortgage loan under Chapter 342.
Tex. Parks and Wildlife Code § 76.112 — TX Code / Code pw / Chapter 76 / Section 76.112
§ 76.112. OYSTER SIZE LIMITS.
Status: repealed

(a) Repealed by Acts 1997, 75th Leg., ch. 1256, Sec. 130, eff. Sept. 1, 1997.

(b) A cargo of undersized oysters shall be determined by taking at random five percent of the total cargo of oysters as a sample, of which not more than five percent may measure less than three inches along an imaginary straight line through the long axis of the shell.
Tex. Health and Safety Code § 361.426 — TX Code / Code hs / Chapter 361 / Section 361.426
§ 361.426. GOVERNMENTAL ENTITY PREFERENCE FOR RECYCLED PRODUCTS.
Status: in_force

(a) A state agency, state court, or judicial agency not subject to Subtitle D, Title 10, Government Code, a county, municipality, school district, junior or community college district, or special district shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality.

(b) An entity subject to this section regularly shall review and revise its procurement procedures and specifications for the purchase of goods, supplies, equipment, and materials in order to:

(1) eliminate procedures and specifications that explicitly discriminate against products made of recycled materials;

(2) encourage the use of products made of recycled materials; and

(3) ensure to the maximum extent economically feasible that the entity purchases products that may be recycled when they have served their intended use.

(c) In developing new procedures and specifications, the entity shall encourage the use of recycled products and products that may be recycled or reused.

(d) The commission:

(1) by order shall exempt from compliance with this section:

(A) a municipality with a population of less than 5,000 if the commission finds that compliance would work a hardship on the municipality;

(B) a school district with a student enrollment of fewer than 10,000 students; and

(C) an entity described by Subsection (a) if:

(i) the entity petitions the commission for an exemption; and

(ii) the commission finds that compliance would work a hardship on the entity; and

(2) shall adopt rules for administering this subsection.

(e) Expired.
Tex. Business & Commerce Code § 15.51 — TX Code / Code bc / Chapter 15 / Section 15.51
§ 15.51. PROCEDURES AND REMEDIES IN ACTIONS TO ENFORCE COVENANTS NOT TO COMPETE.
Status: in_force

(a) Except as provided in Subsection (c) of this section, a court may award the promisee under a covenant not to compete damages, injunctive relief, or both damages and injunctive relief for a breach by the promisor of the covenant.

(b) If the primary purpose of the agreement to which the covenant is ancillary is to obligate the promisor to render personal services, for a term or at will, the promisee has the burden of establishing that the covenant meets the criteria specified by Section 15.50 of this code. If the agreement has a different primary purpose, the promisor has the burden of establishing that the covenant does not meet those criteria. For the purposes of this subsection, the "burden of establishing" a fact means the burden of persuading the triers of fact that the existence of the fact is more probable than its nonexistence.

(c) If the covenant is found to be ancillary to or part of an otherwise enforceable agreement but contains limitations as to time, geographical area, or scope of activity to be restrained that are not reasonable and impose a greater restraint than is necessary to protect the goodwill or other business interest of the promisee, the court shall reform the covenant to the extent necessary to cause the limitations contained in the covenant as to time, geographical area, and scope of activity to be restrained to be reasonable and to impose a restraint that is not greater than necessary to protect the goodwill or other business interest of the promisee and enforce the covenant as reformed, except that the court may not award the promisee damages for a breach of the covenant before its reformation and the relief granted to the promisee shall be limited to injunctive relief. If the primary purpose of the agreement to which the covenant is ancillary is to obligate the promisor to render personal services, the promisor establishes that the promisee knew at the time of the execution of the agreement that the covenant did not contain limitations as to time, geographical area, and scope of activity to be restrained that were reasonable and the limitations imposed a greater restraint than necessary to protect the goodwill or other business interest of the promisee, and the promisee sought to enforce the covenant to a greater extent than was necessary to protect the goodwill or other business interest of the promisee, the court may award the promisor the costs, including reasonable attorney's fees, actually and reasonably incurred by the promisor in defending the action to enforce the covenant.
Tex. Business & Commerce Code § 761.102 — TX Code / Code bc / Chapter 761 / Section 761.102
§ 761.102. CREDIT CARD ISSUER TO PROVIDE FINANCIAL EDUCATIONAL MATERIAL.
Status: in_force

A credit card issuer that conducts campus credit card marketing activities shall:

(1) during the time that the credit card issuer conducts the credit card marketing activity on the campus, make available to students, on the campus, financial educational material developed under Section 761.101;

(2) make financial educational material similar to material developed under Section 761.101 available on the Internet; and

(3) provide to a student to whom a credit card is issued, at the time the credit card is provided to the student, financial educational material developed under Section 761.101.
Tex. Occupations Code § 402.256 — TX Code / Code oc / Chapter 402 / Section 402.256
§ 402.256. AUTHORITY OF TEMPORARY TRAINING PERMIT HOLDER.
Status: in_force

(a) A temporary training permit holder may provide routine fitting and dispensing of hearing instruments that have been ordered by the supervisor. The supervisor is the sole judge of whether the permit holder has the qualifications necessary to perform routine fitting and dispensing. A supervisor is accountable to the department for the actions and misdeeds of a temporary training permit holder acting at the supervisor's discretion.

(b) A temporary training permit holder may not:

(1) own, manage, or independently operate a business that engages in the fitting or sale of hearing instruments; or

(2) advertise or otherwise represent that the permit holder holds a license under this chapter.
Tex. Election Code § 32.011 — TX Code / Code el / Chapter 32 / Section 32.011
§ 32.011. CONFLICTS WITH OTHER LAW.
Status: in_force

(a) A home-rule city charter supersedes this subchapter to the extent of any conflict.

(b) A law outside this subchapter that prescribes a different appointing authority for election judges supersedes this subchapter with respect to the appointing authority.
Tex. Alcoholic Beverage Code § 109.55 — TX Code / Code al / Chapter 109 / Section 109.55
§ 109.55. CERTIFICATE.
Status: in_force

If after June 1, 1987, the certificate is filed under Section 15, Chapter 285, or Section 16, Chapter 462, Acts of the 69th Legislature, Regular Session, 1985, the contingency described by Subsection (c) of each of those sections is effective on the first day of the month following the month in which the certificate is filed.
Tex. Insurance Code § 883.202 — TX Code / Code in / Chapter 883 / Section 883.202
§ 883.202. REQUIRED DEPOSIT FOR COMPANIES WRITING BONDS.
Status: in_force

(a) A domestic mutual insurance company that writes fidelity and surety bond coverage shall maintain on deposit with the comptroller cash or securities of the kind described by a provision of Subchapter B, Chapter 424, other than Section 424.052, 424.072, or 424.073, in an amount equal to the amount of cash or securities required of a domestic stock insurance company.

(b) The commissioner must approve for deposit the cash or securities required by this section.
Tex. Insurance Code § 4202.003 — TX Code / Code in / Chapter 4202 / Section 4202.003
§ 4202.003. REQUIREMENTS REGARDING TIMELINESS OF DETERMINATION.
Status: in_force

The standards adopted under Section 4202.002 must require each independent review organization to make the organization's determination:

(1) for a life-threatening condition as defined by Section 4201.002, the provision of prescription drugs or intravenous infusions for which the patient is receiving benefits under the health insurance policy, or a review of a step therapy protocol exception request under Section 1369.0546, not later than the earlier of the third day after the date the organization receives the information necessary to make the determination or, with respect to:

(A) a review of a health care service provided to a person with a life-threatening condition eligible for workers' compensation medical benefits, the eighth day after the date the organization receives the request that the determination be made; or

(B) a review of a health care service other than a service described by Paragraph (A), the third day after the date the organization receives the request that the determination be made; or

(2) for a situation other than a situation described by Subdivision (1), not later than the earlier of:

(A) the 15th day after the date the organization receives the information necessary to make the determination; or

(B) the 20th day after the date the organization receives the request that the determination be made.
Tex. Health and Safety Code § 841.041 — TX Code / Code hs / Chapter 841 / Section 841.041
§ 841.041. PETITION ALLEGING PREDATOR STATUS.
Status: in_force

(a) If a person is referred to the attorney representing the state under Section 841.023, the attorney may file a petition alleging that the person is a sexually violent predator and stating facts sufficient to support the allegation.

(b) A petition described by Subsection (a) must be:

(1) filed in a district court in the county of the person's most recent conviction for a sexually violent offense;

(2) filed not later than the 90th day after the date the person is referred to the attorney representing the state; and

(3) served on the person as soon as practicable after the date the petition is filed.

(c) To the extent feasible, in filing the petition in a district court described by Subsection (b)(1), the attorney representing the state shall give preference to filing the petition in the applicable court of conviction.
Tex. Health and Safety Code § 481.303 — TX Code / Code hs / Chapter 481 / Section 481.303
§ 481.303. REPORT AND NOTICE OF VIOLATION AND PENALTY.
Status: in_force

(a) If the department initially determines that a violation occurred, the department shall give written notice of the report to the person by certified mail, registered mail, personal delivery, or another manner of delivery that records the person's receipt of the notice.

(b) The notice must:

(1) include a brief summary of the alleged violation;

(2) state the amount of the recommended penalty; and

(3) inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
Tex. Special District Local Laws Code § 1046.004 — TX Code / Code sd / Chapter 1046 / Section 1046.004
§ 1046.004. DISTRICT TERRITORY.
Status: in_force

The boundaries of the district are coextensive with the boundaries of Jackson County.
Tex. Health and Safety Code § 431.047 — TX Code / Code hs / Chapter 431 / Section 431.047
§ 431.047. VIOLATION; INJUNCTION.
Status: in_force

(a) The department or a health authority may petition the district court for a temporary restraining order to restrain a continuing violation of Subchapter B or a threat of a continuing violation of Subchapter B if the department or health authority finds that:

(1) a person has violated, is violating, or is threatening to violate Subchapter B; and

(2) the violation or threatened violation creates an immediate threat to the health and safety of the public.

(b) A district court, on petition of the department or a health authority, and on a finding by the court that a person is violating or threatening to violate Subchapter B shall grant any injunctive relief warranted by the facts.

(c) Venue for a suit brought under this section is in the county in which the violation or threat of violation is alleged to have occurred or in Travis County.

(d) The department and the attorney general may each recover reasonable expenses incurred in obtaining injunctive relief under this section, including investigative costs, court costs, reasonable attorney fees, witness fees, and deposition expenses. The expenses recovered by the department may be used by the department for the administration and enforcement of this chapter. The expenses recovered by the attorney general may be used by the attorney general.
Tex. Health and Safety Code § 436.037 — TX Code / Code hs / Chapter 436 / Section 436.037
§ 436.037. REFUND OF ADMINISTRATIVE PENALTY.
Status: in_force

On the date the court's judgment that an administrative penalty against a person should be reduced or not assessed becomes final, the court shall order that:

(1) the appropriate amount of any penalty payment plus accrued interest be remitted to the person not later than the 30th day after that date; or

(2) the bond be released, if the person has posted a bond.
Tex. Transportation Code § 6.005 — TX Code / Code tn / Chapter 6 / Section 6.005
§ 6.005. SALE OF PERISHABLE PROPERTY.
Status: in_force

(a) A common carrier may sell at public auction perishable property that is unclaimed after arrival at its destination if:

(1) the property is in danger of depreciation; and

(2) the carrier gives five days' notice of the sale.

(b) The notice must contain the same information and be given in the same manner as the notice described by Sections 6.002(b) and (c).

(c) The common carrier shall dispose of the proceeds of the sale in the same manner as provided by Section 6.003.